Crystal Cruises: Website Terms & Conditions

Thank you for visiting the Crystal Cruises® website located at www.crystalcruises.com (the “Site”). The Site is an Internet property of Crystal Cruises, LLC (“Crystal Cruises®,” “we,” “our” or “us”). You agree to the following Crystal Cruises® Website Terms and Conditions a (“Terms and Conditions”), in its entirety, when you: (a) access or use the Site; (b) access links to various third-party mobile applications made available by third-party mobile app providers (“Third-Party Apps”) made available to iPhone®, iPad®, iPod Touch®, Google Play®, Android® and other mobile devices (collectively, “Mobile Devices”) by and through the iTunes Store®, Google Play® store and other applicable venues (“Download Venues”); (c) access and/or download any of the text, brochures, audio, video, photographs, graphics, artwork, blog posts, testimonials, customer ratings and/or other Crystal Cruises® content featured on the Site, including information concerning Crystal Cruises® ships, travel packages, shore excursions (collectively, “Content”); (d) utilize the searchable directory of travel agents available on the Site (“Travel Agent Finder”); (e) obtain information regarding the Crystal Society® Membership Program (“Crystal Society® Membership”); (f) register to enter one or more promotions and/or sweepstakes that may be offered by Crystal Cruises® from time-to-time (collectively, “Promotions”); (g) access links to Crystal Cruises’® social media pages/accounts featured on third-party social media websites, such as Facebook®, Instagram®, Pinterest®, Twitter® and YouTube® (collectively, “Social Media Pages”); (h) register to receive the Crystal Cruises® newsletter (“Newsletter”) and/or Crystal Cruises® brochures, where available (“Brochures”); (i) view your Crystal Cruises® vacation booking, and add activities, services and other features to your booking (“Reservation Management Services”); (j) access certain message boards, comments sections, customer ratings and other interactive features of the Site (collectively, “Interactive Services”); (k) utilize the contact forms and/or other functionality as a means to request to be contacted by Crystal Cruises® and/or a third-party travel agent (collectively, “Contact Services”); (l) obtain information regarding employment opportunities with Crystal Cruises®; and/or (m) purchase “Bon Voyage” gifts or other products, services and/or merchandise featured on the Site (collectively, “Merchandise,” and together with the Site, Content, Travel Agent Finder, Newsletter, Brochures, Social Media Pages, Promotions, Interactive Services and Reservation Management Services, the “Site Offerings”).

The Crystal Cruises® Website Privacy Policy (“Privacy Policy”), the Contest Rules applicable to any Promotion (“Contest Rules”), the Crystal Cruises® Security Policy, the Crystal Society® Membership Terms, all of the terms, conditions and policies listed on the “Legal” page of the Site (collectively, “Policies”), and any and all other applicable operating rules, policies and other supplemental terms and conditions or documents that may be published from time to time are expressly incorporated herein by reference (collectively, the “Agreement”).Please review the Agreement carefully. If you do not agree to the terms and conditions of the Agreement in their entirety, you are not authorized to use the Site Offerings in any manner or form whatsoever.

iPhone®, iPad®, iPod Touch® and iTunes Store® are registered trademarks of Apple, Inc. (“Apple”). Instagram® and Facebook® are registered trademarks of Facebook, Inc. (“Facebook”). Pinterest® is a registered trademark of Pinterest, Inc. (“Pinterest”). Twitter® is a registered trademark of Twitter, Inc. (“Twitter”). Google Play® and YouTube® are registered trademark of Google, Inc. (“Google”). Please be advised that Crystal Cruises® is not in any way affiliated with Apple, Facebook, Google, Pinterest or Twitter, nor are the Site Offerings endorsed, administered or sponsored by any of the foregoing entities.

NOTICE: THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES AND INDEMNIFICATION PROVISIONS. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT.

1. Scope of Agreement. You agree to the terms and conditions outlined in the Agreement with respect to your use of the Site Offerings. The Agreement constitutes the entire and only agreement between you and Crystal Cruises® with respect to your use of the Site Offerings and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same. Unless explicitly stated otherwise, any future offer(s) or product(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site Offerings shall be subject to the Agreement. You understand and agree that Crystal Cruises® is not responsible or liable in any manner whatsoever for your inability to use the Site Offerings.

2. Modification of Agreement. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions (“Billing Provisions”) shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site Offerings. By your continued use of the Site Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable).

3. Requirements; Necessary Equipment. The Site Offerings are available only to individuals who can enter into legally binding contracts under applicable law. The Site Offerings are not intended for use by individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in the applicable jurisdiction). If an individual is under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in the applicable jurisdiction), that individual does not have permission to use and/or access the Site Offerings.

End-users shall be responsible, at all times, for ensuring that they have a Mobile Device, Internet connection, wireless service plan and/or other equipment necessary to access and use the Site, Third-Party Apps and other Site Offerings, as applicable. Crystal Cruises® does not guarantee that the Site, Third-Party Apps and other Site Offerings can be accessed: (a) on all computers and/or Mobile Devices; (b) through all Internet/wireless service plans; and/or (c) in all geographical areas. Crystal Cruises® does not guarantee the quality, speed or availability of your computer and/or Mobile Device’s Internet connection. Standard messaging, data and wireless access fees may apply to your use of the Site, Third-Party Apps and other Site Offerings. You are fully responsible for all such charges, and Crystal Cruises® has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier.

4. Site Forms.

In order to utilize certain Site Offerings, you may be required to submit a registration form (collectively, “Form”). The information that you must supply on the Form may include, without limitation: (a) your name; (b) your mailing/billing address; (c) your e-mail address; (d) your telephone number; (e) your credit card information (where purchasing Merchandise and/or utilizing the Reservation Management Services); (f) your booking number, where applicable; (g) your stateroom number, where applicable; (h) your sailing date, cruise ship and/or cruise number, where applicable; and/or (i) any other information requested on the Form (collectively, “Registration Data”). You agree to provide true, accurate, current and complete Registration Data, as necessary, in order to maintain it in up to date and accurate fashion. Crystal Cruises® may reject your Form and/or terminate your Site account at any time and for any reason, in its sole discretion. Such reasons may include, without limitation where Crystal Cruises® believes that you: (i) are in any way in breach of the Agreement; (ii) are engaged in any improper conduct in connection with the Site Offerings; and/or (iii) are, at any time, conducting any unauthorized commercial activity by or through your use of the Site Offerings.

5. Content.

Subject to the terms and conditions of the Agreement, end-users that possess the requisite technology shall have the opportunity to view, download and/or interact with all or some of the Content made available by and through the Site and/or other Site Offerings. The Content is compiled, distributed and displayed by Crystal Cruises®, as well as third-party content providers (“Third-Party Providers”). Crystal Cruises® does not control the Content provided by Third-Party Providers that is made available by and through the Site Offerings. Such Third-Party Providers are solely responsible for the accuracy, completeness, appropriateness and/or usefulness of such Content. The Content should not necessarily be relied upon. Crystal Cruises® does not represent or warrant that the Content and other information posted by and through the Site Offerings is accurate, complete, up-to-date or appropriate. You understand and agree that Crystal Cruises® will not be responsible for, and Crystal Cruises® undertakes no responsibility to monitor or otherwise police, Content provided by Third-Party Providers. You agree that Crystal Cruises® shall have no obligation and incur no liability to you in connection with any Content. You may find certain Content to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Content.

6. Merchandise/Billing.

(a) Merchandise. You can purchase Merchandise, such as wine, champagne, caviar, chocolate, flowers, photographs and/or “Onboard Spending Credits,” by completing the applicable Form and providing the requisite Registration Data. Where you purchase Merchandise, the credit card that you provided on the Form (“Payment Method”) will be charged the amount listed, plus applicable sales tax. In addition, orders for any Merchandise other than Onboard Spending Credits that are placed within two (2) weeks of the applicable sailing date will be assessed a handling fee of Five Dollars ($5.00) per order. UNLESS OTHERWISE INDICATED, ALL SALES OF MERCHANDISE ARE FINAL AND NON-REFUNDABLE.

(b) General Billing Provisions. “Crystal River Cruises,” the currency on board our “River Ships” is Euro (€). As such, all Onboard Spending Credits will be provided to the guest in Euros. In all other instances, prices are quoted in U.S. Dollars, and are payable in U.S. Dollars. The fees associated with your purchases will appear on your Payment Method statement through the identifier, “Crystal ship name”. Failure to use the Merchandise does not constitute a basis for refusing to pay any of the associated charges. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of Crystal Cruises® in effect at any given time. Upon reasonable prior written notice to you (with e-mail sufficing), Crystal Cruises® reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued use of the Site and/or purchase of Merchandise after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification. Crystal Cruises’® authorization to provide and bill for Merchandise is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. Crystal Cruises’® reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures.

7. Third-Party Apps.

The Site contains links to venues where you may be able to download certain Third-Party Apps. Please be advised that Crystal Cruises® does not own, operate or in any way control any of the Third-Party Apps. The applicable third-party mobile app providers are solely responsible for all aspects of the Third-Party Apps, including the accuracy, completeness, appropriateness and/or usefulness of the Third-Party Apps and content appearing therein. Crystal Cruises® does not represent or warrant that the Third-Party Apps and other information posted by and through the Third-Party Apps is accurate, complete, up-to-date or appropriate. You understand and agree that Crystal Cruises® will not be responsible for, and Crystal Cruises® undertakes no responsibility to monitor or otherwise police, the Third-Party Apps, Third-Party App content and/or any acts and/or omissions of any third-party mobile app providers. You hereby release Crystal Cruises®, and agree that Crystal Cruises® shall have no obligation and incur no liability to you in connection with, any aspect of the Third-Party Apps including, without limitation, any dispute between you and any third-party mobile app providers.

8. Find an Agent; Non-Endorsement.

The Find an Agent enables Site visitors (“Visitors”) to search for third-party travel agents (“Travel Agents”) using search criteria including zip code, country and proximity to the Visitor. Use of the Travel Agent Finder is subject to the following disclaimers:

(a) Crystal Cruises® does not sponsor, recommend or endorse any Travel Agent who is accessible by or through the Find an Agent. The Find an Agent facilitates communication between Visitors and Travel Agents. Crystal Cruises® does not guarantee that Visitors will successfully find a travel agent through the Find an Agent.

(b) Please use caution and common sense when using the Find an Agent. Crystal Cruises® does not review the standing of any Travel Agent with any regulatory certifying authority. Therefore, Crystal Cruises® makes no representation regarding the status, standing or ability of any Travel Agent. When considering obtaining services from a Travel Agent, Visitors should independently confirm that Travel Agent’s standing with the applicable regulatory and/or certifying authorities.

(c) Crystal Cruises® does not involve itself in the agreements between Visitors and Travel Agents or the actual provision of travel agent services in connection with the relationships created thereby. Therefore, Crystal Cruises® does not make any representations regarding the competency, trustworthiness, honesty, integrity and/or behavior of either its Visitors or Travel Agents. Each Visitor, and not Crystal Cruises®, is solely responsible for assessing the competency, trustworthiness, honesty and integrity of all Travel Agents that the Visitor contacts, or is contacted by, through use of the Travel Agent Finder.

9. Interactive Services.

(a) End-User Content. In connection with the Interactive Services, end-users may be able to upload and/or post certain comments, reviews, ratings, content, material, communications, feedback and/or other information (collectively, the “End-User Content”). By making the End-User Content available by and through the Interactive Services or otherwise through the Site Offerings, each end-user provides to Crystal Cruises® a perpetual, irrevocable, worldwide license to make same available by and through the Site Offerings. Without limiting the foregoing, end-user acknowledges and agrees that Crystal Cruises® shall be free to utilize certain features and aspects of the End-User Content in connection with marketing and promoting the Site Offerings to third parties. Each end-user represents and warrants that she/he owns and/or has any and all rights to publish, display, perform and permit the use of, and grant the license associated with, the End-User Content as contemplated by the Agreement. Without limiting the foregoing, Crystal Cruises® may reject and/or remove any End-User Content at any time and for any reason, in Crystal Cruises’® sole discretion. Notwithstanding the foregoing, Crystal Cruises® undertakes no responsibility to monitor or otherwise police the End-User Content made available by and through the Site Offerings. Each end-user and third-party agrees that Crystal Cruises® shall: (i) have no obligations and incur no liabilities to such party in connection with any such End-User Content; and (ii) not be liable to any party for any claim in connection with the End-User Content.

(b) End-User Content Restrictions. In connection with the End-User Content, each end-user agrees not to: (i) display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third-party; (ii) display any audio files, text, photographs, videos or other images that may be deemed indecent or obscene in the applicable end-user’s community, as defined under applicable law; (iii) impersonate any person or entity; (iv) “stalk” or otherwise harass any person; (v) engage in advertising to, or commercial solicitation of, end-users or other third parties; (vi) transmit any chain letters, spam or junk e-mail to any end-users or other third parties; (vii) express or imply that any statements it makes are endorsed by Crystal Cruises®; (viii) harvest or collect personal information of end-users or other third parties whether or not for commercial purposes, without their express consent; (ix) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site Offerings or related content; (x) post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (xi) remove any copyright, trademark or other proprietary rights notices contained within the Site Offerings; (xii) interfere with or disrupt any of the Site Offerings and/or the servers or networks connected to same; (xiii) post, offer for download, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xiv) post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third-party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. “spamware”), services that send unsolicited advertisements, programs designed to initiate “denial of service” attacks, mail bomb programs and programs designed to gain unauthorized access to networks on the Internet; (xv) “frame” or “mirror” any part of the Site; (xvi) use metatags or code or other devices containing any reference to the Site Offerings in order to direct any person to any other website for any purpose; and/or (xvii) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site Offerings or any software used on or in connection with same. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement and may result in the immediate termination of such end-user’s account and/or access to some or all of the Site Offerings without notice, in the sole discretion of Crystal Cruises®. Crystal Cruises® reserves the right to pursue any and all legal remedies against end-users that engage in the aforementioned prohibited conduct.

10. Interactions.

End-users are solely responsible for their online, in-person and other interactions (“Interactions”) with other end-users, Visitors, Travel Agents, third party mobile app providers and other third parties. Without limiting the generality of the disclaimers contained in the Agreement, because Crystal Cruises® does not supervise or control the Interactions, in the event that you have a dispute with one or more end-users, Visitors, Travel Agents, third party mobile app providers and/or other third parties in connection with the Interactions, you hereby release (to the fullest extent permissible by law) Crystal Cruises® including, but not limited to, its officers, directors, members, agents, subsidiaries and employees, from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes. Crystal Cruises® reserves the right, but has no obligation, to monitor disputes between you and other end-users, Visitors, Travel Agents, third party mobile app providers and/or other third parties in connection with the Interactions. Please use caution, common sense and safety when using the Site Offerings, including when arranging and/or participating in any Interactions.

11. Social Media Pages.

The Site contains links to the various Crystal Cruises® Social Media Pages. The Social Media Pages are hosted and made available on third-party websites (“Social Media Websites”) by third-party entities. Your use of Social Media Pages and Social Media Websites shall be governed by those Social Media Websites’ applicable agreements, terms and conditions. You understand and agree that Crystal Cruises® shall not be liable to you, any other end-user or any third-party for any claim in connection with your use of, or inability to use, the Social Media Pages and/or Social Media Websites.

12. Promotions.

From time-to-time, Crystal Cruises® may make certain Promotions available to end-users. By providing true and accurate information in connection with the applicable Promotion Form(s), responding to all Promotions-related communications from Crystal Cruises® and/or the applicable third-party retail partner and agreeing to the Contest Rules applicable to each Promotion, you can obtain, or attempt to obtain, entries for the chance to win prizes in the applicable Promotion(s). You understand and agree that Crystal Cruises® shall not be liable to any end-user or any third-party for any claim in connection with your participation in any of the Promotions.

13. License Grant.

As a user of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site Offerings. Crystal Cruises® may terminate this license at any time for any reason. Unless otherwise expressly authorized by Crystal Cruises®, as a Visitor to the Site, you may only use the Site Offerings for your own personal, non-commercial use. No part of the Site Offerings including, but not limited to, the Content, may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect material from the Site Offerings except as expressly permitted by Crystal Cruises®. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site Offerings, or any portion thereof. You may not create any “derivative works” by altering any aspect of the Site Offerings. You may not use the Site Offerings in conjunction with any other third-party content. You may not exploit any aspect of the Site Offerings for any commercial purposes not expressly permitted by Crystal Cruises®. You further agree to indemnify and hold harmless Crystal Cruises® for your failure to comply with this Section 13. Crystal Cruises® reserves any rights not explicitly granted in the Agreement.

14. Proprietary Rights.

The Site Offerings, as well as the organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to same, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by you of any part of the Site Offerings is strictly prohibited. You do not acquire ownership rights in or to any content, document, software, services or other materials viewed by or through the Site Offerings. The posting of information or material by and through the Site Offerings does not constitute a waiver of any right in or to such information and/or materials. Please refer to the following Policy www.crystalcruises.com/legal/registrations-and-trademarks for a list of Crystal Cruises’® common law and registered trademarks (collectively, “Marks”) including, without limitation, the “Crystal Cruises” name and logo, and all associated graphics, icons and service names. The Marks are trademarks of Crystal Cruises, LLC. All other trademarks, including those associated with the Merchandise, are the property of their respective owners. The use of any trademark without the applicable trademark owner's express written consent is strictly prohibited.

15. Copyright Policy/DMCA Compliance.

Crystal Cruises® reserves the right to terminate the account of any end-user who infringes upon third-party copyrights. If any end-user or other third-party believes that a copyrighted work has been copied and/or posted via the Crystal Cruises® Offerings in a way that constitutes copyright infringement, that party should provide Crystal Cruises® with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location of the copyrighted work that such party claims has been infringed upon; (c) a written statement by such party that it has a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) such party’s name and contact information, such as telephone number or e-mail address; and (e) a statement by such party that the above information in such party’s notice is accurate and, under penalty of perjury, that such party is the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Crystal Cruises’® Copyright Agent for notice of claims of copyright infringement is as follows:

Klein Moynihan Turco LLP Attn: Copyright Attorney 450 Seventh Avenue, 40th Floor New York, NY 10123 info@kleinmoynihan.com Fax: (212) 216-9559

16. Legal Warning.

Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site Offerings is a violation of criminal and civil law and Crystal Cruises® will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.

17. Indemnification.

You agree to indemnify and hold Crystal Cruises®, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third-party due to or arising out of: (a) your improper and/or unauthorized use of the Site Offerings; (b) your breach of the Agreement; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this Section 17 are for the benefit of Crystal Cruises®, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

18. Disclaimer of Warranties.

THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, CRYSTAL CRUISES® MAKES NO WARRANTY THAT THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; (D) WILL RESULT IN ANY SPECIFIC TRAVEL-RELATED BENEFIT; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. CRYSTAL CRUISES® WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CRYSTAL CRUISES® OR OTHERWISE THROUGH OR FROM THE SITE OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

19. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT CRYSTAL CRUISES® SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CRYSTAL CRUISES® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE SITE OFFERINGS; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; (D) YOUR FAILURE TO REALIZE ANY SPECIFIC TRAVEL-RELATED BENEFIT; AND/OR (E) ANY OTHER MATTER RELATING TO THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE CRYSTAL CRUISES® FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF CRYSTAL CRUISES® TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME, MAY BE BROUGHT BY YOU OR CRYSTAL CRUISES® MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE SUBJECT CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND CRYSTAL CRUISES®. ACCESS TO THE SITE OFFERINGS WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS, SUCH AS NEW JERSEY, MAY NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF CRYSTAL CRUISES® SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

20. Third-Party Websites.

The Site Offerings contain links to other websites on the Internet that are owned and operated by third parties including, without limitation, the Social Media Websites. Crystal Cruises® does not control the information, products or services available on or through these third-party websites. The inclusion of any link does not imply endorsement by Crystal Cruises® of the applicable website or any association with the website’s operators. Because Crystal Cruises® has no control over such websites or resources, you agree that Crystal Cruises® is not responsible or liable for the availability or the operation of such external websites or resources, for any material located on or available from or through any such websites or resources or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the Site, including the payment and delivery of related goods and/or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third-party. You further agree that Crystal Cruises® shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any material available on or through any such site or resources, or any associated dealings or promotions.

21. Editing, Deleting and Modification.

We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Site.

22. End-User Information.

All materials that you submit through or in association with the Site including, without limitation, the Registration Data and End-User Content, shall be subject to the Privacy Policy. For a copy of the Privacy Policy, please Click Here.

23. Dispute Resolution Provisions.

The Agreement shall be treated as though it were executed and performed in Los Angeles, California and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). Should a dispute arise concerning the Site Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found Here. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration, which is available Here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (i) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (ii) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.

To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Crystal Cruises® and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that Crystal Cruises® incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.

24. Miscellaneous.

To the extent that anything in or associated with the Site Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Notwithstanding the foregoing, to the extent that there is any inconsistency between these Terms and Conditions and: (a) any Contest Rules, insofar as an applicable Promotion is concerned, the Contest Rules shall govern; (b) any Policy, insofar as the subject matter of such Policy is concerned, that Policy shall govern. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Crystal Cruises® may assign its rights and obligations under the Agreement, in whole or in part, to any party at any time without any notice to you. The Agreement, may not however, be assigned by you, and you may not delegate your duties under it. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

25. California End-User Consumer Rights.

In accordance with Cal. Civ. Code Sec. 1789.3, California State resident end-users may file grievances and complaints with the California Department of Consumer Affairs, 400 R Street, Ste. 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov.

26. Contact Us.

If you have any questions about the Agreement, Site Offerings or the practices of Crystal Cruises, please feel free to contact us using the most convenient method set forth on the “Contact Us” www.crystalcruises.com/contact-us page of the Site.