TERMS AND CONDITIONS OF PARTICIPATION

1. Cruzy, Inc owns Cruzy and the Cruzy+ Program. Cruzy is located at PO Box 35., Conway, AR 72033 and may also be reached at 1-855-GOCRUZY (1-855-462-7899) and info@Cruzy.com. Cruzy, together with its affiliates, contractors, and partners, including Carnival Cruise Lines, a division of Carnival Corporation, operates, administers, and fulfills the services and benefits of the Cruzy+ Program. Cruzy is registered with the State of Florida as Seller of Travel, Registration No. ST 37152, as well as the State of California Registration CST #2101394. Registration as a seller of travel does not constitute approval by the State of California. Other than through contractual agreements, Cruzy is an entity that is separate and distinct from Carnival Cruise Lines and neither party has the right to create binding obligations regarding the other party. 

2. Cruzy+ Benefits. The Cruzy+ Program provides Members with access to the following Cruzy+ Benefits and services: (a) Members only portal to www.Cruzy.com and digital wallet; (b) Member preferred pricing of an average of 25% off Carnival Cruise Line’s lowest published rates; (c) Complimentary enrollment in the Carnival VIFP Club, Carnival Cruise Line’s official loyalty rewards and recognition program; (d) Complimentary upgrades; (e) Priority check-in; (f) Concierge call line; (g) access to a Members only Personal Cruise Counselor; (h) Priority notification of fun deals; (i) Family and friends discount; (j) Referral reward program; (k) Birthday gift; and (l) such other related services and benefits as may be offered and fulfilled in connection with the Cruzy+ Program from time to time. 

Access to each Cruzy+ Benefit is subject to availability, may be changed from time to time, and Cruzy provides no guaranty or assurance that any specific discount, benefit, or service will be available. Generally speaking, the earlier a Member requests Cruzy+ benefits the more likely it is that the Member’s reservation request will be confirmed. Cruzy+ Benefits have no independent cash or other monetary value and cannot be used in conjunction with any coupons or with any corporate or prearranged group discounts, unless specifically stated otherwise in the applicable coupon or discount. Without limiting the foregoing, the Cruzy+ Benefits cannot be used in conjunction with employee, preferred friends, corporate, or institutional discounts. Cruzy may also offer certain existing or new programs, promotions, merchandise categories and other offers that are not eligible to be combined with Cruzy+ Benefits. Please refer to www.Cruzy.com for current and complete details. Cruzy is not affiliated with, nor an agent of, Carnival Cruise Lines ®, and Cruzy is solely responsible for performing its obligations under this Agreement. 

3. Enrollment Fee and Annual Fees. The Enrollment Fee payable to Cruzy for participation in the Cruzy+ Program for an initial one-year term is currently $149.00 (plus applicable taxes). Thereafter, the Annual Fee payable to Cruzy for continued participation in the Cruzy+ Program after the Initial Term is currently $149.00 (plus applicable taxes) per each succeeding 12-month period, but may be increased in the reasonable discretion of Cruzy. Cruzy shall provide Member with notice of the expiration of Member’s Initial Term along with subsequent terms and unless Member provides written notice to Cruzy of Member’s election to terminate Member’s further participation in the Cruzy+ Program, Cruzy shall charge to Member’s credit card on record an additional enrollment fee for a subsequent one year period of time. Member hereby pre-authorizes and approves said charge 

4. Incidental Expenses. Member acknowledges that Member may incur incidental charges such as liquor and excursion expenses during the course of a cruise that will be payable by Member in addition to the above referenced fees and Member acknowledges that Member may be required to post a credit card with the cruise provider in order to secure payment of these incidental charges. 

5. Participation in the Cruzy+ Program. Participation in the Cruzy+ Program and access to the Cruzy+ Benefits may only be obtained from or with the approval of Cruzy, and subject to the payment of those fees referenced above. Member’s participation in the Cruzy+ Program and access to the Cruzy+ Benefits shall commence upon Cruzy’s receipt and acceptance of this Participation Agreement and the Enrollment Fee and shall continue for an initial term of twelve (12) months thereafter. After expiration of the Initial Term, Member may voluntarily continue participation in the Cruzy+ Program for additional twelve (12) month periods (any such additional period is an “Additional Term”) provided that Cruzy continues to offer and maintain the Cruzy+ Program and Cruzy receives payment of the then current Annual Fee. Cruzy will provide Member with an Annual Renewal Statement (via email-if provided above or regular mail) at least thirty (30) days prior to expiration of the current Term. If Cruzy does not receive payment of the Annual Dues upon the expiration of the Initial Term or any Additional Term, then such may result in termination of Member’s right to continue participation in the Cruzy+ Program. Payment to Cruzy of a Re-instatement Fee (in an amount to be determined in Cruzy’s sole discretion) in addition to the unpaid Annual Dues, may then be required to continue to enjoy participation in the Cruzy+ Program. Member must be in compliance with all of Member’s obligations in order to access the Cruzy+ Benefits. Member may discontinue participation in the Cruzy+ Program at any time and Cruzy may discontinue offering and maintaining the Cruzy+ Program at any time. Should Member schedule and reserve Cruzy+ Benefits, but then subsequently cancel such reservation, Member understands that Member may be subject to a nonrefundable cancellation fee. 

Cruzy reserves the right, in its sole discretion, to exclude any individual(s) from the Cruzy+ Program or to terminate any Member’s participation for any reason, including, without limitation, abuse of the Cruzy+ Program, failure to follow these Terms and Conditions, or fraud, misrepresentation or other conduct detrimental to the interests of Cruzy or Carnival Cruise Lines. Any such exclusion or termination may affect eligibility for further participation in the Cruzy+ Program and/or any other Cruzy or Carnival Cruise Lines program. 

6. Member’s Representations. Recognizing that Cruzy will be relying upon the following in connection with providing Member with the Cruzy+ Program, Member represents that (a) he/she is of legal age and capacity to participate in and to use the Cruzy+ Benefits; (b) participation in the Cruzy+ Program and access to the Cruzy+ Benefits is solely for personal enjoyment and consumption and not for resale or profit; (c) no aspect of the Cruzy+ Program has been represented to Member as an investment opportunity; (d) no representations have been made concerning rentals, rental pools, returns, tax advantages, depreciation or investment potential; (e) this Agreement and the other related information contained in the Cruzy+ Program website are the only instruments setting forth the rights and obligations as between Cruzy and Member and no representations, oral or written, may otherwise be relied upon; including but not limited to, any such representations made by or on behalf of any third party; (f) Member understands and agrees that the terms and conditions of participation in the Cruzy+ Program and access to the Cruzy+ Benefits may be changed by Cruzy from time to time in Cruzy’s discretion and such changes shall be deemed to be incorporated herein and made part of this Agreement; and (g) Member agrees that Member has reviewed and understands all of the terms and conditions applicable to the Members use the Cruzy+ Program, and that Member’s failure to abide by such terms and conditions might negatively affect Member’s ability to access the program and its benefits. 

7. Subject Matter of the Cruzy+ Program. Participation in the Cruzy+ Program and access to the Cruzy+ Benefits does not provide you with direct ownership in, or any contractual right of exclusive occupancy of, any specific accommodation or facility. You are not (a) acquiring any legal or beneficial interest in Cruzy; (b) entitled to any share of income, gain or distribution of or by Cruzy or any of its affiliates; or (c) acquiring any voting rights pertaining to Cruzy or the Cruzy+ Program. The Cruzy+ Benefits are not obtained or provided from the cooperative purchase of services or merchandise, and you are not obtaining ownership or participation in any discount buying service/organization, or the right to purchase goods and services in the future, by this Agreement. 

8. Changes to the Cruzy+ Program and these Terms and Conditions. Cruzy may in its sole discretion change these Terms and Conditions, including, without limitation, Cruzy+ Benefits and fees, at any time and without liability. Cruzy may notify Member of such changes by any reasonable means, including by posting revised Terms and Conditions on the www.Cruzy.com website. Such changes will not apply to any dispute between Cruzy and Member arising prior to the date on which Cruzy posted the revised Terms and Conditions incorporating such changes or otherwise notified Member of such changes. Any such change shall take effect immediately, unless otherwise provided by Cruzy. Member may view the current version of the Terms and Conditions at the www.Cruzy.com website. Member may also obtain a copy of the current Terms and Conditions by calling Cruzy Customer Service at 1-855-GOCRUZY (1-855-462-7899). It is Member’s responsibility to check or review the Terms and Conditions from time to time to keep informed of any changes. If Member does not agree to any changes, Member may stop using the Cruzy+ Benefits, and may cancel participation after Cruzy posted or otherwise notified Member of such changes. If Member continues to use the Cruzy+ Benefits after Cruzy changes these Term and Conditions, or if Member does not cancel their participation in the Cruzy+ Program as described above, Member will be indicating their acceptance of such changes. If any change to or provision of these Terms and Conditions is for any reason found invalid, void, or unenforceable, such change is severable and will not affect the validity and enforceability of any remaining change or any other provision of these Terms and Conditions. 

9. Marketing and E-Mail Communications. Member acknowledges and agrees that Cruzy shall utilize Member’s email addresses as noted above as the primary means of communicating with Member, and Member acknowledges and agrees that Member shall be diligent in reviewing Member’s emails in order to ensure that Member does not overlook any of the communications, programs or benefits that are the subject of this agreement. Unless Member expressly opts-out, by joining the Cruzy+ Program, to the extent permitted by applicable law, Member automatically subscribes to Cruzy’s Marketing and E-mail Exclusives and will receive, and agrees to receive, promotional mail and emails from Cruzy and its affiliates. Unsubscribing from Cruzy’s marketing and/or email exclusives will not discontinue participation in the Cruzy+ Program. If Member does not wish to receive future marketing and/or email exclusives, Member can request that they be discontinued by updating their Member profile at www.Cruzy.com and/or by calling Cruzy+ Customer Service. Cruzy will seek to implement your request within a reasonable period of time. Members who unsubscribe from Cruzy’s Marketing and/or E-mail Exclusives will continue to receive non-marketing e-mails, U.S. mail and other communications from Cruzy relating to the Cruzy+ Program. By providing your phone number to Cruzy, Member expressly consents, requests, and agrees that Cruzy may contact Member at that number by phone (including through the use of autodialed calls and/or prerecorded messages) and/or by text message, including calls and texts for marketing purposes. Member’s consent to receive marketing calls or texts is not a condition of participation in the Cruzy+ Program or of any other purchase. Member’s carrier’s message and data rates may apply to calls and texts to Members cell phone and other devices.

10. Assignment. The benefits, services, privileges, or obligations of participation in Cruzy+ are personal to Member and are not assignable or transferable, in whole or in part, by Member. Cruzy may assign all or any part of its right, title and interest in, under or to the Cruzy+ Program to a third party determined by Cruzy including, without limitation, the assignment to alternative suppliers of the benefits, services, and privileges to be provided hereunder; provided that no such assignment shall materially and adversely affect any rights of Member to receive the Cruzy+ Benefits. Upon assignment to a third party, Cruzy shall be released from all duties, claims, demands, or causes of action arising from or relating to the Cruzy+ Program occurring after the date of assignment. 

11. Intellectual Property. As between you and Cruzy, all Cruzy+ Program materials, including all designs, texts, graphics, logos, button icons, images, audio clips, software, and the compilation thereof (including the selection, arrangement and assembly thereof) are the exclusive property of Cruzy or Carnival Cruise Lines, as applicable, and are protected by United States and international copyright and other intellectual property laws. Carnival®, Carnival Cruise Lines®, The Fun Ships®, the ship names, the ship imagery and any other trademarks and service marks and copyright property used by Vacation Tour & Travel Inc. are owned by Carnival Cruise Lines®. Nothing herein is intended to grant to Member any rights to utilize the intellectual property owned by Cruzy or others as noted above. 

12. Limitation of Liability. You acknowledge and agree that neither Cruzy nor its affiliates, shall be liable for, and you hereby release such persons from, and waive all claims whatsoever for: (a) any personal or bodily injury, damage, loss or theft of personal property that occurs in connection with your receipt of any Cruzy+ Benefits; (b) any damages, losses, penalties, expenses or costs resulting from any act or omission of any third party providing products and/or services in connection with the Cruzy+ Program; and (c) any accident, loss, injury, or damage that you might incur in connection with any accommodations, transportation, cruise, or other services related hereto. You further acknowledge and agree that any liability of Cruzy and its affiliates in connection with any claim or cause of action arising out of or in connection with the Cruzy+ Program shall be limited to reimbursement of amounts which you have paid to Cruzy hereunder. 

13. Governing Law; Arbitration. This Agreement shall be construed, interpreted, enforced, and governed in accordance with the laws of the State of Arkansas, County of Faulkner, which shall be deemed the proper venue and exclusive jurisdiction for all purposes and to which venue and exclusive jurisdiction Member hereby consents, regardless of Member’s location. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN MEMBER AND Cruzy, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND MEMBER AGREES THAT Cruzy AND MEMBER ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. MEMBER AGREES THAT ANY ARBITRATION UNDER THESE TERMS AND CONDITIONS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND MEMBER IS AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as amended by this Agreement, unless Cruzy identifies in its reasonable discretion and alternative neutral arbitration organization.