Terms of Service

Last updated 2/21/2022

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before accessing or using any aspect of the “ILLUME By Four Seasons” advisor recognition dashboard (the “Dashboard”) within the Preferred Partner website located at https://preferredpartners.fourseasons.com (the “Preferred Partner Website”). References to “us”, “we”, or “our” in these Terms of Service means Four Seasons Hotels Limited (along with its affiliates, “Four Seasons”). Your access to and use of the Dashboard is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Dashboard. By accessing or using the Dashboard, you agree to be bound by these Terms. If you disagree with any part of these Terms, then you do not have permission to access or use the Dashboard. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. Any such changes will become effective no earlier than thirty (30) days after they are posted, except that changes addressing new functions of the Dashboard or changes made for legal reasons will be effective immediately. By continuing to access or use the Dashboard after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Dashboard.

When using the Dashboard, you will be subject to any other policies, notices or terms referenced within or posted throughout the Dashboard, including but not limited to notices required by applicable law, guidelines, as well as any rules or terms applicable to particular features or promotions, which are hereby expressly incorporated into these Terms by reference. You also acknowledge that you have read and agree to Four Season’s Privacy Policy, located at https://www.fourseasons.com/privacy/ (the “Privacy Policy”).

Dashboard Access Eligibility

The Dashboard is open exclusively to authorized individuals who have a unique email address and have been assigned a Four Seasons Advisor ID, who have or are eligible for a password to access the Preferred Partner Website, who are (a) travel advisors (“Advisors”) from Preferred Partner travel agencies (“Preferred Partners”) who professionally engage in the promotion and sale of travel to the general public on a full-time basis, with direct client relationship; and (b) Preferred Partner owners or managers with prior approval from Four Seasons. Advisors who act in a call-center capacity (i.e., one access number for a pool of advisors) are not eligible unless the clients call in specially to deal with them as an individual by name. Four Seasons may investigate your eligibility, including validating the authenticity of your engagement as full-time travel advisors at any time, in its discretion. We reserve the right to modify the above eligibility criteria and to determine eligibility for each Advisor at any time. You acknowledge and agree that all of our decisions on these matters will be final. Eligible Advisors based in all countries have access to the Dashboard; however, certain other Preferred Partner promotions, such as the Preferred Partner Advisor Rewards Grand Prize and Preferred Partner Advisor Rewards Book & Earn, may be limited as set forth in the terms and conditions that govern such promotions.

Dashboard Registration

Advisors can access their Dashboard account (“Account”) via the Preferred Partner Website following login. You are required to provide, confirm and maintain your Account information, which shall include your name, IATA number that you use to make reservations, mailing address, telephone number, email address, affiliated Preferred Partner details and any other information requested by us to confirm your eligibility (collectively, “Advisor Content”) and to notify Four Seasons when any such Advisor Content changes. For the avoidance of doubt, in addition to the other rights expressly granted herein, you understand that Four Seasons and its affiliated companies, successors and assigns may share your Advisor Content with your Preferred Partner employer and/or have such Preferred Partner confirm the accuracy of such Advisor Content. In addition, our Preferred Partner program administrative support team and Four Seasons Worldwide Sales Account Directors may contact the applicable Preferred Partner to, among other things, confirm your employment, verify the authenticity of booking activity or to review and verify activities associated with Achievements and Rewards, as each is further described below.

To remain eligible to use the Dashboard and obtain an Account, you must notify your employer and clients that you are an Advisor and that rewards may be awarded to you personally for booking Qualified Client Reservations (as defined below) at Participating Properties (as defined below). Each Advisor also must ensure that participating in the Achievement and Rewards described hereunder does not violate or contravene any employer policy, code of conduct or other similar policy or applicable laws, rules or regulations in such Advisor’s respective jurisdiction. Four Seasons expressly disclaims all liability for an Advisor’s failure to comply with any applicable employer policy or applicable laws, rules or regulations.

Dashboard Components

A. Dashboard. The Dashboard displays certain individual business performance metrics based on Four Seasons’ proprietary reservations data. Advisors can reference the ILLUME Advisor Guide for detail on each metric calculation.

1. The Dashboard includes metrics on year-to-date consumed travelled (paid and stayed) Qualified Client Reservations (as defined below).
2. The Dashboard aggregates all qualified reservations through any Preferred Partner channel (e.g., PP Website, GDS, Worldwide Reservations or Hotel Direct) where the Advisor ID has been included, the Advisor booked using the IATA indicated on their profile and a Preferred Partner rate code was used and provides overall metrics such as Room Revenue (as defined below) and number of properties booked for the Advisor. Due to the complexity of multiple channels, the Dashboard does not include a listing of all reservations.
3. “Room Revenue” is displayed/reported in USD and is defined as the room rate revenue portion of the reservation. This excludes Preferred Partner amenities (i.e., an allocation for breakfast and credit), and any value-add package inclusions, taxes and fees (but, for the avoidance of doubt, shall include day use).
4. “Private Retreats Revenue” has the meaning set forth in the ILLUME Advisor Guide, and excludes certain locations as set forth therein.
5. Advisors may not pool reservations with other Advisors for any reason, including for the accumulation of actualized Room Revenue. If we determine that Advisors are pooling reservations, we may (a) invalidate any Achievements or Rewards (as each is further described below) earned, and/or (b) disqualify the Advisor from participation in Advisor Rewards (as defined below), and/or (c) remove access to the Dashboard.

B. Achievements. Participating Advisors can earn achievements ("Achievements") to be displayed on the Dashboard. Advisors must meet the Achievement criteria described in the ILLUME Advisor Guide to earn an Achievement. With respect to Achievements, we note the following:

1. Achievements recognize individual Advisor performance and are given to individual Advisors only; they may not be pooled with other Advisors for any reason. Achievements are not transferable, whether between Advisors or from an Advisor to any third-party, including his or her employer. In addition, Achievements may not be purchased.
2. Achievements do not have any cash/monetary value and do not result in any tangible and/or monetary rewards, unless otherwise described the ILLUME Advisor Guide.
3. If the Advisor has complied with the requirements of the Qualified Client Reservations section below, and has met the Achievement criteria as described the ILLUME Advisor Guide, the Achievement should appear on the Advisor’s Dashboard within 1-5 business days, following the applicable guest’s check-out.
4. Four Seasons reserves the right to change the Achievement criteria and Achievement levels at any time by making updates to the ILLUME Advisor Guide.
5. Select Achievements may be reset at year-end while others will be cumulative. To learn more about each Achievement, please see the ILLUME Advisor Guide.
6. New Achievements may be added at any time.
7. Achievements may be removed at any time without notification to the Advisor.

C. Rewards. Participating Advisors can qualify for certain rewards (“Rewards”). Advisors must meet the Rewards promotion eligibility and criteria as set forth in the Grand Prize Promotion Official Rules and the Book and Earn Promotion Official Rules in order to qualify for Rewards. Such Official Rules govern the administration of such promotions and the resulting Rewards. Refer to the Advisor Rewards page for details.

 

Participating Properties

All hotels, resorts and residence managed by Four Seasons are “Participating Properties.” Due to system limitations, reservations for stand-alone Residential Rental properties, Yacht and Private Jet are not included in the Dashboard metrics (e.g., revenue calculations), Advisor Rewards, or performance Achievements. However, an Achievement may be awarded for production in Private Jet, without the corresponding revenue value.

Qualified Client Reservations

A "Qualified Client Reservation" is a consumed travelled (paid and stayed) reservation booked by the Advisor, at one or more Participating Properties for at least one night on behalf of his or her client traveler (the "Client") that meets the following criteria:

1. The reservation was booked with a Preferred Partner IATA that matches the IATA on the Advisor’s account;
2. Your Four Seasons assigned ID (“Advisor ID”) was applied to the reservation at the time of booking; and
3. The reservation was booked using a Preferred Partner Rate code, whether you make the reservation through:

• The Preferred Partner Website (https://preferredpartners.fourseasons.com): Your Advisor ID will populate automatically when you log into your Account and select a Preferred Partner offer to ensure your reservation has a Preferred Partner rate code; or
• Global Distribution System (“GDS”): Add your Advisor ID in the “SI Comments” field (entered in the format of FS followed by 6 digits: FS######) and select a Preferred Partner rate code (PP6); or
• Four Seasons Worldwide Reservation Office: Provide your IATA number, Advisor ID and name to the Four Seasons reservation agent to ensure your Advisor ID and Account are connected to the reservation and select a Preferred Partner rate code.

“Qualified Client Reservations” do not include (a) reservations made using Virtuoso rate codes, AMEX rate codes or any other rate codes that are not Preferred Partner rate codes, (b) reservations without a Preferred Partner rate code, (c) group, negotiated corporate or wholesale reservations, d) reservations with a non-Preferred Partner IATA, or (e) reservations made by or on behalf of an Advisor’s family members or fellow Advisor or employees at the applicable Preferred Partner.

Only one Advisor may claim ownership for a particular Qualified Client Reservation. If two Advisors were involved in the booking process, for the purposes herein, the reservation belongs to the Advisor who was the primary contact for the applicable Client. If two Advisors claim the same reservation, Four Seasons will request additional information from both parties to establish true ownership, with Four Seasons’ determination to be final and binding. If it is determined that the reservation was attributed to one Advisor in error, the reservation will be removed from that Advisor’s Account and attributed to the Account of the true owner of the reservation.

Dashboard Data

The Dashboard will display data as far back as January 1 of the current year. Dashboard data is refreshed daily with any new or updated consumed travelled (paid and stayed) reservations data posting to your Dashboard following the guest check-out (allow 1 to 5 days). For reservations that straddle the calendar year, each night of the stay is posted to the appropriate calendar year (i.e. for a stay that checks in on December 20, 2023 and checks out on January 5, 2024, the first 11 nights of revenue will be included in 2023 and 5 nights in January will be included in 2024).

If an Advisor believes a Qualified Client Reservation is missing from the Advisor’s Account (a “Missing Stay”), Advisor can submit a support ticket to us. Within fifteen (15) days of receipt of the ticket, Four Seasons will review and determine, in its sole discretion, if the Missing Stay is eligible and update the Advisor’s Account accordingly. For the avoidance of doubt, Missing Stays will be updated only if:

1. requested no later than sixty (60) days after the applicable Clients’ check-out dates; requests after this time will be refused.
2. Advisor’s valid Preferred Partner IATA number, matching the Advisor Profile was included with the booking at the time of reservation.
3. Another Advisor was not awarded for the same Qualified Client Reservation.
4. The reservation was for retail travel business (i.e., not OTA, wholesale, group, corporate negotiated or group business).
5. The reservation was made after the Advisor’s employer became a Preferred Partner.

The following include frequently asked questions with respect to Qualified Client Reservations:

Advisor Conduct

By submitting any Advisor Content through the Dashboard, you automatically represent and warrant to us that you have the right to provide to us all such Advisor Content. You agree that you will not upload or transmit Advisor Content that: (i) infringes any patent, trademark, trade secret, copyright or other rights of any party, (ii) is false, inaccurate, incomplete, deceptive or misleading or (iii) otherwise violates applicable laws, rules or regulations.

You hereby grant Four Seasons and its successors, and assigns a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, assignable and irrevocable right and license to copy, display (in whole or in part), upload, perform, distribute, store, modify, and otherwise use the Advisor Content solely in connection with the operation of the Preferred Partner Website and Dashboard, the administration of Achievements and Rewards and otherwise for Four Seasons’ internal business purposes. You assume all risk associated with, and the transmission of, the Advisor Content, and you have sole responsibility for the accuracy, quality, legality and appropriateness of the Advisor Content, and that all such Advisor Content shall comply with these Terms.

You hereby authorize Four Seasons and its third-party service providers to derive statistical and usage data relating to your use of the Dashboard (“Usage Data”). We may use Usage Data for any purpose in accordance with applicable law and our Privacy Policy. For the avoidance of doubt, neither Four Seasons nor any of our sublicensees will be liable to you or any other person for any ideas for their business derived from the Advisor Content or Usage Data.

Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Dashboard (“Submissions”), provided by you to Four Seasons are non-confidential and Four Seasons will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you.

You acknowledge and agree that Four Seasons may preserve Advisor Content and may also disclose Advisor Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Four Seasons, its users, or the public. You understand that the technical processing and transmission of the Dashboard, including the Advisor Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

Ownership; Restrictions

The technology and software underlying the Dashboard or distributed in connection therewith are the property of Four Seasons, its affiliates, and its licensors (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Four Seasons.

The Dashboard and all materials, content, features and functionality on the Dashboard (other than Advisor Content) are and will remain the property of Four Seasons and/or its licensors. The Dashboard and all materials, content, features and functionality on the Dashboard are protected by copyright, trademark, and other laws of both the United States and foreign countries. Content and material from the Dashboard may not be copied, and such content and material may not be distributed, republished, uploaded, posted, or transmitted in any way, without the prior written consent of Four Seasons. Any other intellectual property embodied in the Dashboard, including without limitation patents, issued or pending, are the sole property of Four Seasons and/or its licensors.

Without limiting the foregoing, the Four Seasons trademarks and logos are valuable trademarks and service marks of Four Seasons (the “Four Seasons Trademarks”). Many of the Four Seasons Trademarks, including without limitation FOUR SEASONS®, FOUR SEASONS HOTELS AND RESORTS®, and the Tree logo are registered in the U.S. Patent and Trademark Office and/or in other trademark offices and agencies throughout the world. All other trademarks on the Dashboard are the property of the respective trademark owners (the “Third-Party Trademarks”, and collectively with the Four Seasons Trademarks, the “Trademarks”). Unauthorized use of these Trademarks is prohibited by law. Nothing in the Dashboard or in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Dashboard without the prior written consent of Four Seasons, specific for each such use. The Trademarks may not be used to disparage Four Seasons or the applicable third party, Four Seasons’, or third party’s products or services, or in any manner that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any website is prohibited without the owning party’s prior written consent. All goodwill generated from the use of any Four Seasons Trademark shall inure to Four Seasons’ benefit. All designs, web pages and source code comprising the Dashboard are copyrighted or licensed by Four Seasons. All rights reserved.

You may use the Dashboard only for your own personal and non-commercial use. Any other use is prohibited unless agreed to by us in writing. Your right to use the Dashboard does not include any resale or commercial use of the Dashboard, or its contents; any collection and use of any material, records, data and information; any derivative use of the Dashboard or its contents; any downloading, copying, or other use for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms are reserved and retained by Four Seasons or its licensors, suppliers, publishers, rightsholders, or other content providers. Neither the Dashboard, nor any part thereof, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Four Seasons. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Four Seasons without express written consent. You may not use any meta tags or any other "hidden text" utilizing Four Seasons’ name or trademarks without express written consent of Four Seasons. You may not misuse the Dashboard. You may use the Dashboard only as permitted by law. The rights granted by Four Seasons to you terminate if you do not comply with these Terms.

Availability, Changes, Errors and Inaccuracies

We may terminate your access to the Dashboard, and/or any or all of the Achievements and Rewards programs and promotions generally, at any time without prior notice to you. If an end date is announced for the entire Preferred Partner program or any particular Achievement or Reward, any questions must be submitted to us prior to the applicable end date.

We may also add, delete, remove, modify, disable, suspend or restrict some or all of the Dashboard or any other rules, conditions, procedures, benefits, Rewards or Achievements pertaining to the Dashboard at our sole discretion without notice to you. You acknowledge that you may no longer be able to use the Dashboard to the same extent, or at all, as prior to such events. We shall not be liable in any event for the addition, deletion, removal, modification, disabling, suspension or restriction of access to or use of any part or all of the Dashboard. We may experience delays in updating information on the Dashboard and in our advertising on other web sites. The information found on the Dashboard may contain errors or inaccuracies and may not be complete or current. We therefore reserve the right to change or update information displayed on the Dashboard and to correct errors, inaccuracies, or omissions at any time without prior notice.

Links To Other Web Sites

The Dashboard may contain links to third party web sites or services that are not owned or controlled by Four Seasons. Four Seasons has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that Four Seasons shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Compliance with Laws

You are solely responsible for ensuring compliance with the laws of your specific jurisdictions. You expressly agree to comply with such restrictions and not to export or re-export any of the Dashboard’s content to countries or persons prohibited under the export control laws. By downloading any content from the Dashboard, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Dashboard’s content.

Termination

We may bar access to the Dashboard immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Force Majeure

Four Seasons will not be liable for any failure or delay resulting from any condition beyond its reasonable control, including but not limited to governmental action or acts of terrorism, pandemics, epidemics, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.

Indemnification

You agree to defend, indemnify and hold harmless Four Seasons and its licensees and licensors, and their respective employees, contractors, agents, stockholders, unitholders, partners, officers and directors (the “Indemnitees”), from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Dashboard, or b) a breach of these Terms, whether as a result of Four Season becoming a party or witness in any proceeding or otherwise. Four Seasons reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of the applicable Indemnitee. You shall cooperate as fully as reasonably required in the defense of any claim.

Limitation Of Liability 

IN NO EVENT SHALL FOUR SEASONS AND ITS LICENSORS, OR ITS AND THEIR RESPECTIVE DIRECTORS, EMPLOYEES, PARTNERS OR AGENTS (“THE RELEASED PARTIES”), 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 THE DASHBOARD; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE DASHBOARD; (III) ANY CONTENT OBTAINED FROM THE DASHBOARD; 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.

IN NO EVENT WILL THE RELEASED PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).

Disclaimer

YOUR USE OF THE DASHBOARD IS AT YOUR SOLE RISK. THE DASHBOARD AND THE INFORMATION DISPLAYED THEREIN IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE DASHBOARD 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, COURSE OF PERFORMANCE, IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY OTHER WARRANTIES UNDER ARTICLE 2 OF THE UNIFORM COMMERCIAL CODE. FOUR SEASONS AND ITS RESPECTIVE LICENSORS DO NOT WARRANT THAT A) THE DASHBOARD WILL FUNCTION UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; C) THE DASHBOARD IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR D) THE RESULTS OF USING THE DASHBOARD WILL MEET YOUR REQUIREMENTS.

WE RESERVE THE RIGHT TO DELAY, WITHHOLD OR INVALIDATE ACCRUAL OR REDEMPTION OF ACHIEVEMENTS OR REWARDS IN THE EVENT OF TECHNICAL ERRORS, POTENTIAL FRAUDULENT ACTIVITY, OR SIMILAR ISSUES. SPECIFICALLY, WE CAN INVALIDATE ACHIEVEMENTS AND/OR REWARDS FROM YOUR ACCOUNT IF WE DETERMINE IN OUR SOLE DISCRETION THAT SUCH ACHIEVEMENTS OR REWARDS WERE IMPROPERLY CREDITED TO YOUR ACCOUNT. NEITHER ACHIEVEMENTS NOR REWARDS ENTITLE YOU TO A VESTED RIGHT OR INTEREST AND HAVE NO CASH VALUE. THEREFORE, NEITHER ACHIEVEMENTS NOR REWARDS ARE REDEEMABLE FOR CASH OR ANY OTHER FORM OF CURRENCY OR CREDIT AND HAVE NO FIXED OR ASCERTAINABLE CASH VALUE. USE OF THE DASHBOARD AND PARTICIPATION IN THE ACHIEVEMENTS AND REWARDS PROGRAM IS VOLUNTARY, AND YOU ARE SOLELY RESPONSIBLE FOR YOUR PARTICIPATION.

YOU UNDERSTAND AND AGREE THAT THE DISCLAIMERS SET FORTH HEREIN APPLY TO ALL CAUSES OF ACTION NOW KNOWN OR WHICH MAY ARISE IN THE FUTURE.

Exclusions

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.

Consent for Electronic Communications

You agree and consent to receive electronically all communications, agreements, disclosures, notices and documents (collectively “Communications”) that we provide in connection with the Dashboard. We may at times be required to provide you with Communications in written form, which you agree to receive electronically instead of in paper form, including by sending via electronic mail to the email address you provide to us, or by posting notice or communicating with you via the Dashboard. Communications include these Terms and any and all other agreements or policies to which you must agree in order to use the Dashboard, including updates to those agreements and policies; confirmations customer service matters; and any other communication related to your use of the Dashboard.

All Communications sent in electronic format will be considered to be in “writing” and are considered received by you upon posting through the Dashboard, or sending to you via electronic email or SMS, regardless of whether you have accessed that Communication.

Term of Consent

Your consent to receive electronic Communications is valid until and unless you revoke it. You may revoke your consent at any time, however, consent to electronic Communications is a condition of use of the Dashboard, and if you revoke it you will no longer be permitted to use the Dashboard. If you wish to revoke your consent for electronic Communications, please contact privacy.officer@fourseasons.com.

Methods of Agreement

You acknowledge and agree that by clicking on the “I Agree”, “ Submit” or similar button or with any other electronic document authorizing us to provide the Dashboard to you, you are indicating your intent to sign these Terms and/or other agreement. You also agree that clicking on these buttons shall constitute your electronic signature to these Terms or other such document displayed with the button(s) and relating to the Dashboard. You further agree that your electronic signature on these Terms and any other document shall have the same legal effect under state and federal law as if you signed the documents in ink on paper.

Governing Law and Venue

These Terms and any action related thereto will be governed and interpreted by and under the laws of the State of New York, without giving effect to any conflicts of laws principles that require the application of the law of a different jurisdiction. Any action to enforce these Terms shall be brought exclusively in the courts located in New York County, New York and you and Four Seasons hereby irrevocably submit to the jurisdiction of such courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Assignment

You may not assign these Terms of Service or any rights or obligations hereunder, by operation of law or otherwise, without our prior written consent and any attempted assignment may be void. We reserve the right to freely assign these Terms of Service and the rights and obligations hereunder, to any third party without notice and consent. Subject to the foregoing, these Terms of Service shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns.

Miscellaneous

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding the Dashboard, and supersede and replace any prior agreements we might have had between us regarding the Dashboard.

If you have any questions about these Terms, please contact us at pp.rewards@fourseasons.com.