- © 2024 Ensemble Travel, Inc. All rights reserved.
- TICO: #50022140 | CST: 2141530-70
These Terms and Conditions of Use (the “Terms of Use”) apply to the website https://www.ensembletravel.com/marketing/ (the “Site”) operated by Navigatr CS (Canada) Inc. and its’ affiliates, including Ensemble Travel, Inc. (“us”, “we”, “our”, “Ensemble” or “Navigatr”) and the services provided therein (the “Service”). Your access to and use of the Service is conditional upon your acceptance of and compliance with these Terms of Use. These Terms of Use apply to all visitor users and others who wish to access or use the Service. BY USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE; IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, THEN DO NOT USE THE SERVICE.
We reserve the right, at its sole discretion, to change (including adding, removing or modifying) portions of these Terms of Use, at any time and without notice to you. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes
To access the Service, you must complete and submit an enrollment form (the “Enrollment Form”) to us. You represent and warrant that the information that you provide to us in the Enrollment Form is full, complete and accurate to the best of your knowledge. Full pricing for access to the Service is provided for on the Enrollment Form.
You must also agree to a Data Transfer and Confidentiality Agreement that allows you to transfer client data in a confidential manner to us.
By enrolling in the Services, some of your clients will be eligible to receive the Print Publications (defined below) at no cost to you (the “Free Clients”). The number of Free Clients will be set based on criteria determined by Navigatr, in its sole discretion, upon receipt of the Enrollment Form. Access to the Print Publications for additional clients are available to be purchased for an additional $19.50 per client (the “Print Fee”). Clients eligible to receive the Print Publications, being the Free Clients and the clients covered by the Print Fee, are referred to herein as “Print Clients”. You are required to provide a list of Print Clients that you would like to receive the Print Publications on the Ensemble member portal. “Print Publications” include the following:
For greater certainty, Print Publications will only be sent to Print Clients. If you provide us with a list of clients that is more than the number of Print Clients, then we will send the Print Publications only to the correct number of Print Clients in your list in alphabetical order, sorted by client last name.
Navigatr reserves the right to convert the Print Publications into Virtual Range Magazine Publications (see “c. Digital Plans” below) for Qualified Digital Clients and cease to distribute the Print Publications to Print Clients who are not Qualified Digital Clients if there are insufficient advertising sales to justify the production of Print Publications, such justification to be determined by Navigatr in its sole discretion. In such a case, Navigatr will reimburse you the Print Fee (if any) that has not already been used to send out Print Publications.
You are required to identify on the Ensemble member portal which of your clients you would like to receive digital marketing from us. For your Canadian clients to be eligible to receive digital marketing from us, they must opt-in to our double opt-in consent email (the “Opt-in”). Clients in the United States will be given an opportunity to opt-out of any digital marketing communication. Canadian clients who have successfully completed the Opt-in and all clients in the United States are referred to herein as “Qualified Digital Clients”. For greater certainty, Qualified Digital Clients that subsequently opt-out from receiving digital marketing from us will immediately cease to be Qualified Digital Clients and we will send you a notification so you can update your records to reflect same.
Once you are enrolled in the Service, your Qualified Digital Clients with a valid email address and state code (US residents only) will receive the following digital products:
*Eligibility for/frequency of Targeted Single-Partner Offer Email and Direct Mail Initiatives are subject to applicable supplier criteria, funding from suppliers and relevance/target match as determined by Navigatr in its sole discretion.
Please refer to the Site for additional information on frequency of digital marketing distributions.
The Service is available from April 1, 2023 until December 31, 2023 (the “Term”). Your access to the Service will begin upon acceptance of your Enrollment Form by us (or on April 1, 2023 if your Enrollment form is accepted by us prior to April 1, 2023) and your access will end at the end of the Term.
Once enrolled, you may cancel your access to the Service prior to the end of the Term, subject to the following cancellation fees:
Upon cancellation, your access to the Service will be removed and we will immediately cease to send any Print Publications or digital products to your Print Clients or Qualified Digital Clients.
Following enrollment, we will send you a standard privacy policy for use on your website (the “StandardPrivacy Policy”). Among other things, the Standard Privacy Policy outlines the requirements for collecting and using client information and your clients’ rights with respect to their information.
The Navigatr Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view the Navigatr Privacy Policy, click on “Privacy Policy” found at the footer to this Site. Additionally, by using the Site and/or the Service, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
Our Service (either on the Site or through a third-party website) allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Member Content"). You are responsible for the Member Content that you post on or through the Service, including its legality, reliability, and appropriateness. For greater certainty, Member Content that is posted on a third-party website that is used by the Service is considered Member Content posted on the Service.
By posting Member Content on or through the Service, You represent and warrant that: (i) the Member Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms of Use, and (ii) that the posting of your Member Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the Service for anyone found to be infringing on a copyright.
You retain all your rights to any Member Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Member Content you or any third-party posts on or through the Service. However, by posting Member Content using the Service you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Member Content on and through the Service. We reserve our right to monitor and edit all Member Content provided by users.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Navigatr Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Navigatr Content, contained on the Site or Service is owned, controlled or licensed by or to us, and is protected by trademark, trade dress, copyright and patent laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site or Service and no Navigatr Content may be copied, reproduced, republished, publicly displayed, posted, encoded, uploaded, transmitted, translated, or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Navigatr’s express prior written consent. The Navigatr Content on this Site, including without limitation, prices (if any), and the infrastructure used to provide such Navigatr Content, is proprietary to Navigatr or its affiliates, suppliers and providers. You may use information on Navigatr products and services if it is purposely made available by Navigatr for downloading from the Site, provided that you, (1) make no modifications to any such information, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) not remove any proprietary notice language in all copies of such documents, and (4) not make any additional representations or warranties relating to such information or documents.
In addition, and regardless of whether or not you have a commercial purpose, you agree not to: (i) access, monitor or copy any content from this Site using a robot, spider, scraper or other automated means or any manual process for any purpose; (ii) bypass or circumvent other measures employed to prevent or limit access to this Site (including violating the restrictions in any robot exclusion headers on this Site); or (iii) deep-link to any portion of this Site.
You may not probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Navigatr, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that, in Navigatr’s sole discretion, imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Navigatr’s systems or networks, or any systems or networks connected to the Site or to Navigatr, or otherwise overburdens the Site. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site. You may not manipulate identifiers to disguise the origin of any message or transmittal you send to Navigatr on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Navigatr Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Navigatr or others.
In no event shall Navigatr, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use this Site or the Service; (ii) any conduct or content of any third party on the Service; (iii) any Member Content or Navigatr Content obtained from the Site or Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Navigatr expressly disclaims all liability for the use, reliability, or specific features of this Site, the Service, or the Navigatr Content or interpretation of Navigatr Content contained in this Site and the Service. Navigatr, its subsidiaries, affiliates, and its licensors do not warrant that a) the Site or the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Site or the Service is free of viruses or other harmful components; or d) the results of using the Site or Service will meet your requirements.
These Terms of Use operate to the fullest extent permissible by law. If any provision of these Terms of Use is unlawful, void or unenforceable, that provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute a binding agreement between you and Navigatr and are accepted by you upon your use of the Site and the Service. These Terms of Use constitute the entire agreement between you and Navigatr regarding the use of the Site and the Service.