Terms Of Use

Acceptance. Welcome to the SeaMiles® Reward Program Website (the "Website") operated by SeaMiles LLC ("SeaMiles"). The Website products and services (collectively, the "Services") are offered by SeaMiles through Web pages and linked pages that display the SeaMiles® Reward Program navigation bar and include a footer link to the SeaMiles® Reward Program Website Terms and Conditions. By accessing the Website or using any of the Services, you agree to be bound by these Terms and Conditions and additional or alternative terms, conditions, rules and policies in connection with any particular Service. Please note that the Terms and Conditions may be updated from time to time without notice to you. Because the Terms and Conditions contain legal obligations, please read them carefully.

The SeaMiles® Web Site Policy. The SeaMiles® Reward Program collects information on Member activity through user navigation and the use of tools and functions available on www.seamiles.com. This information is to be used to understand and analyze Members' responses, needs and preferences, and to develop, enhance, market and/or provide products and services to meet those needs. In addition, information collected may also be used for the specified purposes of the SeaMiles® Reward Program as outlined in our SeaMiles® Privacy Policy.

Privacy and Cookies. For information on how user information is collected, used and disclosed by SeaMiles, please consult the SeaMiles® Privacy Policy. The Website uses two types of "cookies": a "session cookie" and a second, which allows us to "set" a cookie. A session cookie resides in memory and persists only as long as the browser is open. This cookie holds only the information that is uniquely generated when you log on to the site and persists only as long as your browser is open. This cookie makes your SeaMiles® Account information available as you browse the Website. Upon your departure from the Website and closure of your browser, the information in the session cookie is removed from memory. In order for the Website online Reward Balance to function, you must enable the session cookies setting on your browser.

Registration, Personal Identification Numbers and Passwords. Certain services and related features, such as access to the Website, personalization, message log, and photo gallery may require registration. You agree to provide accurate and current information as required by the relevant registration process, and to update the information as necessary in a timely way to ensure that it is kept accurate and complete. You agree to be responsible for:

1. maintaining the confidentiality of any personal identification numbers or passwords identifiers which you choose or are assigned as a result of any registration over the Website;

2. all activities that occur under such personal identification number or password; and,

3. Notifying SeaMiles of any unauthorized use of your personal identification number or password
   
   

SeaMiles shall not be responsible or liable in any way for any loss or damage arising from your failure to comply with this Section 3.

Rules and Conduct. You agree not to use the Website or services to:

1. post, transmit, link to, or otherwise distribute any information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the Website or any of the Services in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Website, the Services or the Internet;

2. defame, abuse, stalk, harass or threaten any other person or violate the legal rights of any other person, including rights relating to privacy and publicity;

3. post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information;

4. post, transmit, link to, or otherwise distribute any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component;

5. upload, post, publish, transmit, reproduce, link to or otherwise distribute in any way, information, software or other material obtained through the Website or the Services, or any derivative work thereof, which is protected by copyright, or any other intellectual property right, without obtaining permission of the copyright owner or right holder;

6. impersonate or falsely represent your association with any person; and

7. use, reproduce, sell, resell or otherwise exploit the Website or any of the Services for any commercial purposes.

Responsibility for Minors. You are fully responsible for:

1. the online conduct of an authorized minor;

2. controlling the authorized minor's access to and use of the Website and any such Services; and

3. the consequences of any misuse of the Website and any such Services by the authorized minor.

You accept responsibility to determine whether any of the Services and/or Content are appropriate for an authorized minor and what access the authorized minor will be allowed.

Monitoring. You agree that SeaMiles has the right to monitor the Website or any content, products or services (collectively, "Content"), from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Website or any of the Services properly, or to protect itself or its users in accordance with the SeaMiles® Privacy Policy. SeaMiles reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of the Terms and Conditions. By using the Website or the Services, you may have access to Content that may be offensive or objectionable to you. Under no circumstances shall SeaMiles be responsible or liable, directly or indirectly, for loss or damage of any kind as a result of any use of, or access to, any such Content.

Dealings with Third Parties. Your correspondence or business dealings with any third parties, including any Sponsors, Suppliers, merchants or advertisers, found on, or through, the Website or any of the Services, are solely between you and such third parties. SeaMiles is not responsible for any charges you or any user of your account incurs when conducting business in this manner. Further, you accept responsibility for ensuring compliance with all applicable laws in connection with any such transactions. You agree that SeaMiles shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, any of such dealings or transactions.

Downloads and Shareware. The Website allows you to search for software that may be available for downloading by various third parties. Such software is available to you by such third parties subject to the terms and conditions made available to you during the software installation process. You agree that it is your responsibility to review and evaluate any such software and the related terms and conditions, and that all risk associated with the use of, or reliance on, such software rests with you. You further agree that SeaMiles shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such software, including the failure of such software to meet your needs, standards, expectations or desired specifications.

Third Party Content. The Website search option offers access to numerous third party web pages and content available over the Internet. SeaMiles generally exercises no control over such third party content, web pages, or sites. It is your responsibility to review and evaluate any such content, and that any and all risk associated with the use of, or reliance on, such content rests with you. You agree that SeaMiles shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, any of such dealings or transactions.

Search Content. Any and all pictures, sounds, sound effects, sound recordings, musical works, performances, graphics, video, cinematic productions, audio-visual works and any other works (the "Multimedia Content") located through any Website search services are protected by copyright and/or other intellectual property laws. SeaMiles does not authorize you to reproduce, distribute, publicly display, publicly perform, communicate or create derivative works from any files containing such Multimedia Content. Where search results link to sites outside the Website, all of the Multimedia Content contained on such sites is owned and served by entities other than SeaMiles.

User Content. In respect of any and all content which you elect to post on the Website, such as on the Message Board and Photo Gallery, you grant SeaMiles a world-wide, royalty-free, nonexclusive, perpetual and unrestricted license to use, copy, adapt, transmit, publicly display and perform, distribute and create compilations and derivative works from such content for the limited purposes of publishing such content and promoting the SeaMiles® Reward Program. Such license shall apply with respect to any form, media, or technology now known or later developed. With respect to any and all content you elect to post or transmit using the Services, you agree that SeaMiles may preserve and disclose any content associated with your Member account where required to do so by law or where such preservation or disclosure is reasonably believed by SeaMiles to be necessary to ensure compliance with the law, enforce the Terms and Conditions or protect the rights and interests of SeaMiles or any other person.

Service Modifications. You acknowledge and agree that SeaMiles may at any time modify or discontinue the Website or any of the Services with or without notice to you, and that SeaMiles will not be held responsible or liable, directly or indirectly, to you or any other person in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such modifications or discontinuance.

Termination. You acknowledge and agree that SeaMiles, in its sole and absolute discretion, may, without notice to you, suspend or terminate your use of, or access to, the Website or any of the Services, and remove and discard any information or content that you posted to or transmitted using the Website or related to such Service. You further agree that SeaMiles shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Website, any of the Services or with any terms, conditions, rules, policies, guidelines, or practices of SeaMiles in operating the Website and the Services, your sole and exclusive remedy is to discontinue using the Website and the Services.

Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT SEAMILES MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS (as used in this section "WARRANTIES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND THAT ANY SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED; AND

2. SEAMILES SPECIFICALLY MAKES NO WARRANTIES THAT THE WEBSITE OR ANY OF THE SERVICES, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF THE WEBSITE OR THE SERVICES, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH SERVICES OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL SEAMILES, INCLUDING ITS AFFILIATES, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SEAMILES HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE SERVICES OR THE WEBSITE, OR (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO THE WEBSITE OR ANY OF THE SERVICES, REGARDLESS OR WHETHER ANY OF THE FOREGOING IS DETERMINED TO CONSTITUTE A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE.

Indemnity. You agree to defend, indemnify and hold SeaMiles, its affiliates, Sponsors, Suppliers and other partners, directors, officers, employees and agents harmless from any and all liabilities, claims, costs and expenses, including reasonable attorneys' fees, related to or in connection with your, or any user of your account:

1. violation of the Terms and Conditions;

2. use of the Website or any of the Services;

3. placement, posting or transmission of any message, information, software or other content on the Website or through any of the Services.

No License; Intellectual Property of SeaMiles and Others. Except as expressly provided, nothing herein or within the Website or any of the Services shall be construed as conferring any license under any of the intellectual property rights of SeaMiles or any third party, whether by implication, waiver, estoppel, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain content available through and used to operate the Website and Services is protected by copyright, trademark, patent, or other proprietary rights of SeaMiles, its affiliates, licensors, and/or service providers. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer any software, applications or programs used in connection with the Website or the Services.

Trademarks. The SeaMiles (word mark), the SeaMiles logo and related SeaMiles Reward Program trademarks and logos are registered and unregistered trademarks of SeaMiles LLC. All other product, brand, company names, trademarks, logos or other intellectual property used or displayed on the Website are the intellectual property of their respective owners. Your use of any of the intellectual property appearing on the Website is expressly prohibited without the prior written consent of SeaMiles or owner of the intellectual property, as appropriate.

Ownership of Content. The Website and all of its contents including, but not limited to, all text and images ("Content") are owned and copyrighted by SeaMiles or others with all rights reserved unless otherwise noted. Your use, copying, republication or redistribution of such Content, including by caching, framing or similar means is expressly prohibited without the prior written consent of the Content owner. Further, you agree not to modify, alter, or deface any of the Content available through the Website nor use any of the forgoing for any purpose other than the purpose for which such Content is made available to users through the Website.

General. The Website originates in Canada. The Terms and Conditions constitute the entire agreement between SeaMiles and you pertaining to your use of the Website and the Services and supercede any prior agreements between you and SeaMiles. Failure of SeaMiles to insist upon or enforce strict performance of any right or provision of the Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in the Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. The Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. The parties have required that the Terms and Conditions and all documents relating thereto be drawn up in English