Web Site Terms and Conditions (“Terms”) 

Please read the following Terms carefully before using the following websites of C Rod Vacations, LLC dba Cruise Planners (“CP”): www.crodvacations.com, www.gayvacationplanners.com and any other online features, services and/or programs offered by CP (collectively, the “Web Site”). 

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By accessing or using the Web Site, you agree to the following Terms. You should review these Terms regularly as they may change at any time at the sole discretion of CP. If you do not agree to any portion of these Terms, you should not access or otherwise use the Web Site. “Content” refers to any text, materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on, uploaded to and/or downloaded from the Web Site. 

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We will make an effort to update this web page with any changes to these Terms and/or to the services described in these Terms and you are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appear at the end of these Terms). 

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1. CONVENIENCE AND INFORMATION ONLY; ACCEPTANCE OF TERMS. By merely providing access to the Web Site, CP does not warrant or represent that: (a) the Content is accurate, complete, up-to-date or current; (b) CP has any obligation to update any Content; (c) the Content is free from technical inaccuracies or typographical errors; (d) that the Content does not infringe on the intellectual property rights of any third party; (e) that the Content is free from changes caused by a third party; (f) your access to the Web Site will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through, or postings made on, the Web Site is accurate or complete. Your use of the Web Site and the services offered therein are subject to federal law, the law of the state of Florida, or, if CP transfers your Account to another location, where CP currently maintains your Account (“Applicable Law”). 

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 18, as THE WEB SITE IS NOT INTENDED FOR CHILDREN UNDER 18 THAT ARE UNACCOMPANIED BY HIS OR HER PARENT OR LEGAL GUARDIAN. 

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2. SITE USE AND CONTENT. You may view, copy or print pages from the Web Site solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Web Site without the express, prior, written consent of CP. At any time, we may, without further notice, make changes to the Web Site, to these Terms and/or to the services described in these Terms. 

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3. USER ACCOUNTS AND REGISTRATION 

(a) Some areas of the Web Site require you to register for and maintain an active personal user account (“Account”). You must be at least eighteen (18) years of age to obtain an Account. 

(b) Account registration requires you to submit to CP certain personal information, such as your name, address, mobile phone number and date of birth, among others. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, may result in your inability to access or use the Web Site. 

(c) You may only use the Account and its related services to make legitimate reservations and purchases. You agree that you will not use the account or the representatives of CP to make false or fraudulent or speculative reservations or purchases. 

(d) CREDIT CARD TRANSACTIONS. You understand that all credit card transactions performed through the Account are between you and the cruise lines, airlines, hotels, tour operators, car rental companies, and travel gear and accessory manufacturers (“Suppliers”) not CP. CP does not collect any funds from credit card transactions performed through the Account, therefore you agree to hold CP and its affiliates, subsidiaries, owners, directors, officers, employees, agents, and franchisees harmless against any claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) that may arise out of the credit card transaction. 

(e) You are solely responsible for any activity that occurs with respect to your Account. While CP provides certain encryption technologies and uses other reasonable precautions to protect your confidential information and provide suitable security, CP does not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, error, interception or interruption. 

(f) You are responsible for maintaining the confidentiality of your passwords, usernames, and e-mail addresses provided to CP. CP is not liable for any loss that you may incur as a result of someone else’s misuse of your account or password, either with or without your knowledge. Furthermore, you may be liable for losses incurred by CP, its affiliates, representatives, agents or assigns due to someone else using your account or password. 

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4. DISCLAIMERS. 

(a) NO WARRANTIES; INDEMNIFICATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE AND THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. CP PROVIDES THE WEB SITE ON A COMMERCIALLY REASONABLE BASIS AND CP MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEB SITE, THE CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEB SITE ARE OR SHALL REMAIN UNINTERRUPTED OR ERROR-FREE, THE CONTENT SHALL BE NON-INFRINGING ON ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, THAT DEFECTS SHALL BE CORRECTED, THAT THE WEB PAGES ON THE WEB SITE, ANY ELECTRONIC COMMUNICATION OR THE SERVERS USED IN CONNECTION WITH THE WEB SITE ARE OR SHALL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PERSON USING THE WEB SITE WILL BE THE PERSON THAT HE OR SHE REPRESENTS HIMSELF OR HERSELF TO BE. CP DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEB SITE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT CP SHALL HAVE ADEQUATE CAPACITY FOR THE WEB SITE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. 

(b) INDEMNIFICATION. You agree to defend, indemnify and hold CP and its affiliates, subsidiaries, owners, directors, officers, employees and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by CP, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties; and/or (iv) your violation of any third party right, including without limitation any copyright, property, or privacy right. 

(c) NOT A SOLICITATION. The Web Site and its contents are for informational purposes only and do not constitute and should not be construed as an offer to sell or the solicitation of an offer to buy a CP franchise. The offer of a CP franchise is made only through the delivery of a current and registered CP Franchise Disclosure Document (FDD). A CP franchise opportunity is not being offered by us or by anyone acting on our behalf or with our knowledge to residents of (nor is it otherwise directed to any specifically named person or group of persons and not to the public in general, nor will any franchise or business opportunity be located and/or sold in) California, Connecticut, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Rhode Island, South Dakota, Virginia, Washington, Wisconsin, or the Canadian provinces of Alberta, Manitoba, New Brunswick, Ontario, and Prince Edward Island, until the offering has been registered and declared effective and an FDD has been properly delivered to the prospective franchisee, except to the extent any exemption or exclusion otherwise permits. If you are a resident of or seek to operate a franchise in one of the foregoing states or provinces, we will not offer you a franchise unless and until we have complied with applicable pre-sale registration and disclosure requirements in the applicable jurisdiction. If you are a resident in one of these states or provinces, please ask about the status of our registration. 

(d) ALL CRUISE PLANNERS FRANCHISES ARE INDEPENDENTLY OWNED AND OPERATED BY INDEPENDENT CONTRACTORS AND ARE NOT EMPLOYEES OR AGENTS OF CP. 

(e) PORT, AIR, FUEL, AND GOVERNMENT TAXES ARE SUBJECT TO CHANGE AT ANY TIME. 

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5. LIMITATION OF LIABILITY. CP’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE WEB SITE, AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE SHALL BE THE CESSATION ALL OF YOUR SITE USE. IN NO EVENT WILL CP BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEB SITE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEB SITE, INCLUDING, BUT NOT LIMITED TO, (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEB SITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR COMPUTER SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEB SITE, AND/OR (E) ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS THAT MAY BE TRANSMITTED TO OR THROUGH THE WEB SITE, BY ANY THIRD PARTY OR FOR ANY LOSS OR DAMAGE OF ANY KIND. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS CP’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. 

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6. PRIVACY. Personal data that you provide regarding yourself will be handled in accordance with CP’s Privacy Policy located at www.cruiseplanners.com/privacy-policy. 

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7. THIRD PARTY CONTENT. 

(a) Much of the information on the Web Site is provided by Suppliers, and CP accepts no responsibility for errors, omissions, inaccuracies or misleading statements which may appear anywhere on this site, whether or not they were supplied by Suppliers. 

(b) CP has no control whatsoever over Suppliers’ actions or inactions. CP is not responsible for third party failure to perform, breach of contract, or any action, intentional or negligent, which results in any loss, injury, delay or damage to you or your property or to anyone traveling with you, or to the property of that party. CP cannot and does not guarantee Supplier reservations, timeliness, employee conduct, or the performance of scheduled flights, cruises or tours, or the availability of hotel rooms or rental cars. You acknowledge that upon receipt of fare by Supplier, Supplier accepts the passenger subject to the terms of the Supplier contract. You acknowledge and agree that CP's liability for damages incurred by you or anyone else from loss or damage to property or from bodily injury or death or otherwise is limited to the gross amount paid by you to CP or a Cruise Planners franchisee or associate, and that CP shall not be liable to you for any special, consequential and/or punitive damages resulting from either CP or a third-party's negligence, gross negligence, breach of contract, fraud, or any other cause whatsoever. You also agree to waive any claims for damages which you otherwise might be entitled to assert against CP for damage to or loss of property or for death or bodily injury when the damages are covered by insurance, and further agree that no insurance company or any other third party shall ever become entitled to assert any claim you have against CP, by subrogation, assignment, or otherwise 

(c) CP may provide hyperlinks to other web sites maintained by third parties, or CP may provide third party content on the Web Site by framing or other methods. THE LINKS TO THIRD PARTY WEB SITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEB SITE IS NOT UNDER CP’S CONTROL AND CP IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEB SITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD-PARTY WEB SITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD- PARTY WEB SITES LINKED TO THE WEB SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK. 

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8. COPYRIGHT AND TRADEMARKS. The trademarks, service marks and logos used and displayed on the Web Site are CP’s, or its Suppliers’ or affiliates’, registered and unregistered trademarks. CP is the copyright owner or authorized licensee of all text and all graphics contained on the Web Site. All trademarks and service marks of CP that may be referred to on the Web Site are the property of CP. Other third parties’ trademarks and service marks that may be referred to on the Web Site are the property of their respective owners. Nothing on the Web Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of CP’s or its Suppliers’ trademarks or service marks without CP’s or its Suppliers’ prior written permission. CP aggressively enforces its intellectual property rights. Neither the name of CP nor any of CP’s other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Web Site or otherwise, without CP’s prior written permission. If you believe that any Content on the Web Site violates any intellectual property right of yours, please contact CP at the address, email address or telephone number set forth at the bottom of these Terms. 

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9. TRACKING. In order to improve the services and products of the Web Site, CP may utilize “cookies,” “web beacons,” and/or similar devices to track your activities. A cookie is a tiny amount of data that is transferred by a web server to your browser and can only be read by the server that transferred it to you. A cookie functions as your identification and enables CP to record your passwords, purchases, and preferences. A cookie cannot be executed as a code or deliver viruses. A web beacon is a small transparent GIF image that is embedded in an HTML page or email used to track when the page or email has been viewed. A similar method may be used by which a service and/or product may send data to a server or other remote computing device when a set of user- initiated events occur. This method is similar to a cookie in that it may track your visit and the data can only be read by the server that receives the data. CP may use cookies and similar devices to track your use of the Web Site and the products and services, and web servers may automatically log the IP/Internet address of your computer. CP does not generally use this information to identify you personally. As a result, your navigation path around the Web Site and the products and/or services may be tracked in identifiable form. 

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10. LOCAL LAWS. CP makes no representation that content or materials in the Web Site are appropriate or available for use in jurisdictions outside the United States. Access to the Web Site from jurisdictions where such access is illegal is prohibited. If you choose to access the Web Site from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. CP is not responsible for any violation of law. You may not use or export the Content or materials in the Web Site in violation of U.S. export laws and regulations. You agree that the Web Site and these Terms shall be interpreted and governed in accordance with federal law and, to the extent not preempted by federal law, with the laws of the state of Florida, or, if CP transfers your Account to another location, where CP currently maintains your Account. The Web Site shall be deemed a passive website and service that does not give rise to personal jurisdiction over CP, either specific or general, in jurisdictions other than the state of Florida. You agree and hereby submit to the exclusive personal jurisdiction of the state and federal courts of the state of Florida, or, if CP transfers your Account to another location, where CP currently maintains your Account. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States). 

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11. AVAILABILITY. Information that CP publishes in the Web Site may contain references or cross-references to products, programs or services of CP that are not necessarily announced or available in your area. Such references do not mean that CP will announce any of those products, programs or services in your area at any time in the future. You should contact CP for information regarding the products, programs and services that may be available to you, if any. 

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12. NON-TRANSFERABILITY OF USER ACCOUNT. User Accounts and UserIDs are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Web Site with his or her UserID and password. You may not assign these Terms, in whole or in part, or delegate any of your responsibilities hereunder to any third party. Any such attempted assignment or delegation will not be recognized by CP unless acknowledged by CP in writing. CP has no obligation to provide you with written acknowledgment. CP may, at any time and in its sole discretion, assign these Terms, in whole or in part, or delegate any of our rights and responsibilities under these Terms to any third party or entity. 

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13. TERMINATION OF SERVICE. We may terminate your User Account or right to access secured portions of the Web Site at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Web Site, to CP, to the business of the Web Site’s Internet service provider, to Suppliers, or to other information providers. 

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14. INVESTIGATIONS. CP reserves the right to investigate, review, and enforce any appropriate terms or policies applicable to a user. CP may make any disclosure reasonably necessary to: prevent illegal activity from occurring or continuing to occur on the Web Site, enforce any section or term contained in any of CP’s agreements, comply with any request received from a court or government agency with proper authority to make such a request, protect the rights, security, reputation, dignity, and/or property of CP, CP’s affiliates, users and/or the general public. 

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15. CUSTOMER COMMENTS. We welcome the submission of comments, information or feedback through the Web Site. By submitting information through the Web Site, you agree that the information submitted shall be subject to the CP Web Site Privacy Policy located at www.cruiseplanners.com/privacy-policy. 

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16. RELATIONSHIP OF THE PARTIES. Nothing contained in these Terms or your use of the Web Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions. 

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17. CALIFORNIA PRIVACY RIGHTS. Residents of California, under the California Civil Code, have the right to request that CP disclose what personal information is collected about them as well as why the personal information is collected, to whom the personal information is shared with, if any, and what information was shared. Residents also have the right to request that CP delete any personal information collected about them as well as the right to request that their personal information is not shared with any third parties. If you wish to make any of the requests mentioned above, please send in your request using the contact information provided below. Please provide your full name, e-mail address, and postal address in your request. 

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18. MISCELLANEOUS. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and CP’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. These Terms and the CP Web Site Privacy Policy located at www.cruiseplanners.com/privacy-policy are the entire agreement between you and CP with respect to your use of the Web Site and supersede any and all prior communications and prior agreements, whether written or oral, between you and CP regarding the Web Site. 

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Your Consent To This Agreement 

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By accessing and using the Web Site, you consent to and agree to be bound by the terms of the foregoing Terms. If we decide to change these Terms, we will make an effort to post those changes on the web page so that you will always be able to understand the terms and conditions that apply to your use of the Web Site. Your use of the Web Site following any amendment of these Terms will signify your assent to and acceptance of its revised terms. 

If you have additional questions or comments of any kind, or if you see anything on the Web Site that you think is inappropriate, please let us know by email at privacy@cruiseplanners.com or by sending your comments to: 

CRUISE PLANNERS
3111 N. University Drive, Ste. 800 Coral Springs, FL 33065 (954) 344-8060 privacy@cruiseplanners.com EFFECTIVE AS OF: March 1, 2019 LAST UPDATED: March 1, 2019