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CruiseCompete.com
Terms and Conditions for Agency Membership
(Should Be Read BEFORE Signing Agency Membership Agreement)

These additional Terms and Conditions are incorporated in and form a part of the Agreement signed by the Agency and CruiseCompete, L.L.C. ("CruiseCompete"). The Agreement signed by the Agency and the Terms and Conditions can be modified at any time by CruiseCompete in accordance with the Agreement. The Agreement between CruiseCompete and the Agency includes, collectively, the Agreement signed by the Agency, these Terms and Conditions, and the Credit Card Authorization Form.
  1. Account. CruiseCompete creates an Account for each Agency who becomes a member of the CruiseCompete Service. The Account will allow Agency personnel to log in, view, and respond to requests for quotes (i.e., prices/offers on cruises) from Users of the Service.

  2. Definition of "Booking." A "Booking" is defined as any cruise cabin that Agency books for a CruiseCompete User by accepting a deposit from that User or via booking transfer from a cruise line within twelve months of the Agency offering a quote via the CruiseCompete to that user. Note that the quote offered does not have to be for the sailing eventually booked, and any prior relationship Agency may have had with the User is immaterial.

    Multiple cabins or multiple cruise sailings that are booked by a User within twelve (12) months from the date of the last quote the Agency has provided to that User are also considered Bookings, even if the User books a different cruise or cruises than were quoted through the Service. Additionally, if other cabins are sold for friends or associates traveling with the User on the same sailing, these sales are considered Bookings as well regardless of who pays for them.

    Agency is responsible for correctly reporting each cabin booked meeting these definitions in Agency's account on the CruiseCompete system immediately upon receiving any deposit from the User.

  3. Account Statements. CruiseCompete will provide reports in Agency's Account showing pending and sailed Bookings along with Revenue Shares organized by month, so Agency can see the basis for previous charges as well as pending charges for the future. Additional information will be accessible on each Booking entered for Agency record-keeping purposes, including a User Quote Request Number (if entered by Agency), ship, sail date, amount, and sail date. This data will take the place of printed invoices, which CruiseCompete will not provide.

  4. Password. Agency may change passwords to control access to the Account. CruiseCompete recommends that Agency routinely change passwords to reduce the risk of unauthorized access to the Account. Agency assumes the risk of harm from unauthorized access to the Account, and Agency is solely responsible for changing Agency's passwords with such frequency as Agency considers appropriate.

  5. Information Conveyed to Agency About Quote Request. CruiseCompete will provide Agency the following information related to each quote request from a User:

    • The information related to the specific cruise submitted by the User (i.e., ship, sail date, number of cabins, cabin types, etc.);
    • Date and time of the User's request (all times U.S. Central Time);
    • The number of quotes submitted from other agencies (as of the last time Agency refreshed the web page); and if a sufficient amount of time has elapsed since Agency's response to the User's quote request, Agency will be able to view the lowest quoted rates previously submitted by other agencies.

    CruiseCompete makes no representation or warranty to Agency regarding, and CruiseCompete is not responsible for, the accuracy or reliability of the information provided by the User to the Service.

  6. Response to Quote Requests. To respond to a specific quote request, Agency enters the price it is willing to offer to the User for the specified trip and submit the quote to the User. Quotes must include total cruise fare for requested number of passengers including all port charges and taxes. Quoted prices should not include any additional transportation, insurance, or lodging costs. The User, and not CruiseCompete, shall be responsible for all communications with Agency to book the cruise quoted by Agency. The User, and not CruiseCompete, shall be responsible for payment of all amounts due Agency or the cruise provider for the cruise quoted by Agency, and CruiseCompete shall have no liability whatsoever to Agency or the cruise provider for such amounts.

    Quotes on CruiseCompete are structured into specific fields. CruiseCompete has strict rules about what types information that agents are allowed or prohibited from entering in specific fields. Agency is prohibited from including URL links in quotes or otherwise directing consumers to leave the CruiseCompete web site unless specifically approved in writing in advance by CruiseCompete. Any violation of the rules is considered a Default by the Agency under the terms of this Agreement.

    Agency may not charge consumers sourced from CruiseCompete separate fees (aka "agency fees") for the booking or cancellation of cruises, including all facets of travel that appear on the cruise line invoice. Agency remains free to negotiate and charge fees for other services outside of the cruise purchase, for example airline tickets, hotels, or other transportation not booked through the cruise line.

  7. Responsibility to Honor Quotes Given. It is in the best interests of all parties that Users be able to rely on Agency's quote information and have a positive experience with the Service and Agency. While all quotes submitted by Agency will be considered to be subject to availability, Agency is solely responsible to insure that prices quoted are accurate and available when quoted, and Agency shall indemnify and hold CruiseCompete harmless (including CruiseCompete's reasonable attorney fees) from any claim made against CruiseCompete by any person or entity relating in any way to the information provided by Agency to the User or cruise line or relating in any way to any act or omission of Agency with respect to travel arrangements made by Agency for or on behalf of User.

  8. Agency Agrees to Conform to Cruise Line Policies. Agency agrees it will conform to each cruise line's rules and policies in quoting and selling that particular line. Should CruiseCompete determine, in its sole judgment, that Agency is deliberately violating cruise line policies, that Agency's account access will be suspended immediately and Agency will be considered to be in Default under this Agreement.

  9. Agent Privacy. Quotes on CruiseCompete are private communications between agents and consumers. Agency may not under any circumstances create a CruiseCompete user account for any reason or request quotes from other agencies on CruiseCompete. Should a consumer send quotes made via CruiseCompete by competitors to the Agency, Agency will decline to view these quotes and will inform the consumer that this is a violation of CruiseCompete policy. Notwithstanding the above, CruiseCompete will provide access to Agency's quotes to any cruise line that requests access to quotes related to cruise line's sailings.

  10. Gross Commissionable Amount and other Booking-related fees.

    The Gross Commissionable Amount of any Booking made by a member-agent via CruiseCompete is defined as follows:
    Cruise Fare (Commissionable Bookings): the total amount of the cruise fare before before any agency discounts, less any portion of the Cruise Fare that is non-commissionable.

    Or:

    Net Rate Bookings: total cruise fare less any less any non-commissionable elements of that fare, divided by 0.85. (to true-up the fare to a 15% commission rate). Note: when reporting Net Rate Bookings, simply report the Net Rate amount and select "Net Rate" from the "Fare Type" menu. The system will automatically do the math to true-up the rate.

    Plus:

    Add-ons: Anything else the Agent sells to the customer related to this cruise vacation that the consumer will use, consume, or experience on this cruise including but not limited to cruise insurance, shore excursions, transfers, hotels, flights, other transportation etc. is considered an add-on.

    High Commission Add-ons: Any add-ons that will earn Agency a commission or net profit of 10% or higher, are considered "High Commission Add-ons" and will be included in the Gross Commissionable amount.

    Low Commission Add-ons: Any add-ons that will earn Agency a commission or net profit of at least 5% but less than 10% are considered "Low Commission Add-ons." Agency will pay a 1% revenue share on these types of sales.
  11. Booking Cancellations/Modifications. Agency may modify or delete any Booking Agency enters on the Service prior to the sail date for that Booking based on changes in the cost of the Booking or upon cancellation. Should a Booking be canceled or the Gross Commissionable Amount be decreased, Agency shall be solely responsible for deleting or modifying the Booking, as the case may be, on the Service prior to the sail date, or the Revenue Share will be charged in full and not refunded. Notwithstanding the foregoing, Agency shall in all events remain responsible for any amounts Under-reported to CruiseCompete. If an Agency was not aware of a cruise line's cancellation of a cruise before the sail date (E.g., last-minute weather-related issues), CruiseCompete may, in its sole discretion, choose to apply a credit to the Agency's Account. If a Booking is canceled by anyone for any reason, but the Agency still receives a commission or other form of compensation for the Booking due to insurance or other source of payment including any payment the Agency may receive from the cruise line based on Future Cruise Credits, then CruiseCompete shall receive its Revenue Share for the Booking. In this case, the Agency may choose to not delete the Booking or to otherwise report the Booking to CruiseCompete for billing. Should CruiseCompete deem it necessary, CruiseCompete may require Agency to review and indicate online which Bookings the Agency has or will receive compensation for.

  12. Agency's Responsibility to Record Bookings via CruiseCompete. Agency is responsible for recording in Agency's Account all Bookings (as defined above) as soon as a deposit is paid by the User or the Booking is transferred to Agency from a cruise line. A properly recorded Booking will automatically turn off the User's quote request and prevent the User from obtaining new quotes from other agencies. Therefore, it is to Agency's advantage to report Bookings to CruiseCompete as soon as they occur. For any deposit that Agency receives on a cruise Booking where Agency cannot positively identify a lead source, Agency agrees to enter the customer's e-mail address into the "Look up" field in the Account to determine whether the Agency submitted a quote to the User within twelve (12) months prior to the Booking, and if a quote was submitted within such time period, Agency shall report the Booking in the Account. CruiseCompete will help Agency keep track of Bookings by displaying the User Quote Request Numbers issued to Users, and by informing Users that they must refer to their quote request by the Quote Request Number when contacting agencies in order to obtain the quoted price from Agency, but the sole responsibility for identifying and reporting all of these Bookings remains with the Agency.

  13. Reporting Accuracy. CruiseCompete will rate the accuracy of Agency's recordkeeping and reporting under Paragraph 8 of the Terms and Conditions by calculating a percentage based upon (a) the Bookings reported by the Agency to CruiseCompete that have not been first reported to CruiseCompete by a User or other means, in relation to (b) the total number of Bookings of Agency through leads of Users of the Service. If Agency's percentage of reporting accuracy is substantially less than the overall reporting accuracy for all agencies using the Service, then CruiseCompete may, (i) increase the Revenue Share of Agency in such amount determined by CruiseCompete in its sole discretion, upon thirty (30) days' written notice pursuant to the Agreement signed by the Agency regardless of whether six months have elapsed from the date of this Agreement, (ii) suspend Agency's Account for such time as determined by CruiseCompete, in its sole discretion, or (iii) declare an Event of Default according to these of the Terms and Conditions.

  14. Verification, Audit, Penalties.

    Right of Verification. CruiseCompete has the right to verify that all Bookings that Agency is obligated to report in the CruiseCompete system are reported accurately. All verification and audit-related provisions shall survive termination of the Agreement.

    Assistance Available to Help Agency Understand Reporting Requirements. Detailed explanations of which of Agency's transactions need to be reported and how to report them in the CruiseCompete system are provided in Agency's account on CruiseCompete's web site. Furthermore, CruiseCompete management and staff are always happy to assist any Agency personnel in understanding reporting requirements. It is the responsibility of the Agency to insure that all Agency personnel take advantage of these opportunities to learn and understand what their reporting obligations are.

    Unreported Bookings. Any Booking for which all cabins are not reported by the Agency within thirty (30) days of accepting a deposit from the customer is considered "Unreported". CruiseCompete may, at its discretion, assess a penalty of up to $100 for each Unreported cabin it discovers and brings to the attention of the Agency. Penalties are due immediately upon assessment of the penalty. Penalties assessed do not relieve Agency of the obligation to correctly report any Bookings and the usual contract terms and fees apply.

    Audit of Reported Bookings. Any Booking reported by the Agency with the Gross Commissionable Amount and/or Add-Ons that are less than the amount required to be reported as defined by Section 9. of these Terms and Conditions shall be considered "Under-reported."

    CruiseCompete may request copies of official cruise line documentation (eg., "Agency Confirmation" or "Offer Confirmation Invoice-Agent Copy") of cruise Bookings for Bookings that have been reported to CruiseCompete and Bookings that have been reported to CruiseCompete by consumers within the last three (3) years. (Note: this is a rolling time-frame based on the whatever the current date is, and should not be construed to represent three (3) years from the execution date of the Agency's membership agreement). Agency shall provide such documentation within two (2) working days of such a request (CruiseCompete will grant extensions in what CruiseCompete, in its sole discretion, deems to be extraordinary circumstances.). Failure or refusal to provide such documentation within a seven (7)-day time-frame may result in, at CruiseCompete's discretion, penalties of up to $100 per document not provided and/or terminate Agency's membership in CruiseCompete.

    Should CruiseCompete discover Under-reported Bookings from Agency, CruiseCompete will take the following actions: 1). Revise the Gross Commissionable Amount to the amount actually owed according to the documentation provided in the CruiseCompete system; 2). Inform Agency via e-mail of the revisions it has made within seven (7) days, and 3). CruiseCompete may, at its discretion, assess penalties of up to $25 for each Under-reported Booking and/or terminate Agency's membership in CruiseCompete.

    Agency Appeals. Agency may appeal any determination of an Under-reported Booking simply by calling or e-mailing CruiseCompete and asking for a discussion or a review or by providing additional information via e-mail. Should it be determined by CruiseCompete that the revisions and/or penalties assessed are incorrect, CruiseCompete will reverse these revisions/penalties immediately.

    Penalties do not apply to Agency-discovered/reported issues. Notwithstanding, penalties shall not apply to Unreported Bookings that Agency discovers and enters into the system without prompting from CruiseCompete, or on Under-reported Bookings that Agency discovers and corrects in the system as long as Agency does so prior to CruiseCompete requesting documentation on the particular Booking in an audit.

  15. Payment-related Fees. Should Agency's credit card or other form of payment be declined for any reason for any amount due CruiseCompete, Agency will be assessed a $75 fee. CruiseCompete will make a good faith effort to contact Agency regarding the declination. Agency may either correct the problem with the payment form supplied or provide a different, valid form of payment. If the charge cannot be processed by CruiseCompete within thirty (30) days of the date of declination or another payment arrangement is not made to CruiseCompete's satisfaction within such time, then Agency will be in default under the Agreement.

    CruiseCompete will charge Agency a three percent (3%) transaction fee for all credit card charges. Agency has the option of making automatic payments directly from a bank account via automatic funds transfer (aka ACH) to avoid this additional fee.

  16. Change in Membership Fees; Additional Charges. After the first six months of the Agreement have passed, CruiseCompete may institute other fees or charges and/or increase membership fees on thirty (30) days notice to Agency. If CruiseCompete has issued a notice to institute other fees or charges or increase the membership fee, Agency may terminate the Agreement by providing written notice of termination to CruiseCompete on or before 30 days after the date of CruiseCompete's notice to Agency. Agencies obligation to accurately report and pay for all new and previously-reported Bookings will survive termination.

  17. Default. The following shall be "Events of Default" by Agency under the Agreement, and the term "Event of Default" shall mean, whenever it is used in the Agreement, any one or more of the following events: (a) Agency's failure to observe or perform any covenant, condition, obligation or agreement under the Agreement; (b) Agency's failure to pay any amount when due under the Agreement; (c) Agency engaging in conduct detrimental to the overall operation or reputation of the CruiseCompete or the Service, as determined by CruiseCompete in its sole discretion, including but not limited to Agency's deliberate failure to honor prices quoted to Users or engaging in conduct resulting in material complaints by Users; or (d) CruiseCompete's declaration of default in accordance with other terms of the Agreement.

  18. Remedies on Agency's Default. Whenever an Event of Default by Agency shall occur, CruiseCompete may take any one or more of the following actions : (a) Declare all Revenue Shares on all Bookings Agency has entered in its Account with the Service immediately due and payable and collect payment for these Bookings via any payment methods provided by Agency. Agency forfeits the right to cancel and change prices on these Bookings; (b) Deactivation of Agency's Account by CruiseCompete; (c) Termination of the Agreement; and (d) Commencement of legal or equitable proceedings to enforce CruiseCompete's rights under the Agreement. CruiseCompete may collect its attorneys fees and all other costs and expenses incurred by CruiseCompete to recover amounts due CruiseCompete under the Agreement or to enforce its rights under the Agreement.

    Notwithstanding the deactivation of Agency's Account or termination of the Agreement by CruiseCompete, Agency shall remain responsible for reporting (via e-mail or fax) any new Bookings and changes to existing Bookings by sail date and immediately pay the Revenue Share with respect thereto, regardless of whether the cruise is later canceled. Agency's obligations under Sections titled "Revenue Shares", "Membership Fees", and "Terms and Conditions" of the Agreement signed by Agency and Section of these Terms & Conditions titled:"Gross Commissionable Amount and other Booking-related fees", "Booking Cancellations/Modifications", "Agency's Responsibility to Record Bookings via CruiseCompete", "Verification, Audit, Penalties", "Right to Independent Auditor", "Notification", "Independent Contractors", "Indemnification", "Trademarks and Intellectual Property", "Disclaimer of Warranties", "Limitation of CruiseCompete's Liability", "Confidentiality", "Specific Limitation on Confidentiality", "Venue & Governing Law" and "No Implied Waiver" of the Terms and Conditions are continuing and shall survive the termination of the Agreement.

  19. Account Inactivity. Should Agency not submit any quotes to customers via the CruiseCompete system for a period of one (1) year, Agency's account will automatically be terminated.

  20. Right to Independent Auditor. Agency has the right, at its sole expense, to hire an independent professional auditing organization ("Auditor") to review CruiseCompete's computer and financial records for the sole purpose of determining the accuracy of charges to Agency. Auditor must agree in writing, to CruiseCompete's satisfaction, to maintain the confidentiality of, and not to reveal, any information to Agency or any third party about CruiseCompete's business other than its assessment of the accuracy of the charges to Agency as defined in the Agreement. CruiseCompete agrees to provide reasonable access to the Auditor, but Auditor shall not interfere with CruiseCompete's business operations in conducting such audit. Agency agrees that it will have no claim to legally challenge fees charged by CruiseCompete without an Auditor's report showing errors on CruiseCompete's part.

  21. Notification. E-mail communication from CruiseCompete to Agency's Official Notice E-mail Address shall serve as formal notification to Agency under the Agreement. It shall be the responsibility of Agency to notify CruiseCompete in writing of any changes to Agency's Official Notice E-mail Address.

  22. Independent Contractors. The parties are and shall remain independent contractors with respect to all matters pursuant to the Agreement. No partnership, joint venture, affiliate, agency or similar relationship is established by the Agreement, and neither party has actual or apparent authority to bind the other. Any representation to the contrary shall be deemed a material breach of this contract.

  23. Indemnification. Agency agrees to protect, defend, indemnify and hold CruiseCompete, its officers, owners, managers, employees, agents, successors and assigns, harmless from and against any and all claims, demands, actions, damages, liabilities, judgments, costs, and expenses (including CruiseCompete's reasonable attorney fees) of any kind whatsoever arising from, or relating in any way to, Agency's business operations or Agency's use of the Service or any act or omission by Agency with respect thereto.

  24. Trademarks and Intellectual Property. All content included or available on the web-site, including site design, logos, text, graphics, interfaces, navigation, general concept, and the selection and arrangements thereof is copyrighted by CruiseCompete as of the current year, with all rights reserved, or is the property of CruiseCompete protected by intellectual property rights. Any use of content or materials on the web-site, including reproduction for purposes other than those required by the Agreement, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of CruiseCompete is strictly prohibited. "CruiseCompete" is a registered trademark of CruiseCompete. Use of CruiseCompete trademarks without the prior written consent of CruiseCompete is prohibited.

  25. No Use of Automated Systems. Agency may not use any automated system including any artificial inteligence (A.I) agent to access or post any information on the CruiseCompete web site. This includes, but is not limited to, any system that "reads" quote requests and/or posts responses to quote requests. Any violation of this clause will result in immediate account suspension and/or termination. (Note: CruiseCompete has systems in place to detect any type of autonomous program, i.e. bots.)

  26. Limitations on 3rd-Party Access To Agency CruiseCompete Account(s). Agency may allow non-employees access to Agency's account on Agency's behalf only for the following purposes:

    • Reading and responding to quote requests
    • Managing Bookings
    • Managing Specials postings
    • Updating agent and/or agency information or descriptions for display to potential customers
    • Training of new agents or other personel in the above tasks

    Agency may not allow non-employees access to Agency account(s) for any purpose other than those described above without the express written permission of CruiseCompete.

  27. Disclaimer of Warranties. THE SERVICE AND WEB-SITE IS PROVIDED BY CRUISECOMPETE ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CRUISECOMPETE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE USE OR RESULTS OF THE SERVICE OR WEB-SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. CRUISECOMPETE SHALL HAVE NO LIABILITY FOR ANY INTERRUPTIONS IN THE USE OR AVAILABILITY OF THE SERVICE OR WEB-SITE. CRUISECOMPETE DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITATION ON THE FOREGOING: (1) CRUISECOMPETE MAKES NO REPRESENTATION OR WARRANTY THAT THE WEB-SITE OR SERVICE WILL OPERATE WITHOUT ERROR OR THAT THE WEB-SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL AGENTS. AGENCY AGREES THAT CRUISECOMPETE WILL NOT BE RESPONSIBLE FOR REPLACING ANY EQUIPMENT OR DATA AS A RESULT OF AGENCY'S USE OF THE SERVICE OR WEB-SITE. (2) CRUISECOMPETE MAKES NO REPRESENTATION OR WARRANTY REGARDING THE SECURITY OF THE SERVICE AND WEB-SITE WITH RESPECT TO UNAUTHORIZED ACCESS TO AGENCY'S ACCOUNT. (3) CRUISECOMPETE MAKES NO REPRESENTATION OR WARRANTY REGARDING THE AVAILABILITY OF THE SERVICE AND WEB-SITE. (4) CRUISECOMPETE MAKES NO REPRESENTATION OR WARRANTY REGARDING THE TRUTHFULNESS, ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION PROVIDED BY USERS. (5) CRUISECOMPETE MAKES NO REPRESENTATION OR WARRANTY REGARDING THE NUMBER OF REQUESTS FOR QUOTES TO BE SUBMITTED BY USERS, OR THE NUMBER OF BOOKINGS AGENCY WILL BE ABLE TO OBTAIN THOUGH PARTICIPATING IN THE SERVICE, (6) CRUISECOMPETE MAKES NO REPRESENTATION OR WARRANTY REGARDING THE AUTHENTICITY OR AUTHORITY OF ANY USER, OR THE ABILITY OF ANY USER TO PERFORM OR SATISFY ANY FINANCIAL OR OTHER OBLIGATION TO AGENCY OR OTHER THIRD PARTIES.

  28. Limitation of CruiseCompete's Liability. CRUISECOMPETE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR, CRUISECOMPETE SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE USE OF THIS SERVICE OR THE WEB-SITE OR THE INFORMATION CONTAINED IN THEM, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF CRUISECOMPETE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  29. Confidentiality. During the term of the Agreement and indefinitely after the term of the Agreement has expired or the Agreement has been otherwise terminated, each party will only use the other party's information for purposes set forth in the Agreement and only to the extent necessary for such purpose and, except as required by legal process (written notice of which shall first be given to the other party prior to any disclosure) and except for such information that is in the public domain, each party will not disclose the other party's information acquired through the Service to any person other than the party's agents or employees having a need to know, without the prior written approval of the other party. CruiseCompete may share market information about quotes, Bookings and Booking trends with third parties, provided that this information does not identify any specific consumer or any specific travel agency, Notwithstanding the foregoing, CruiseCompete may disclose, through this Service, Agency's quotes to Users.

  30. Specific Limitation on Confidentiality. CruiseCompete reserves the right to share Agency's quote, Booking and other information related to a particular cruise line with representatives of that cruise line.

  31. Venue & Governing Law. The Service and the web-site are operated in the State of Iowa. The Agreement shall be governed by and interpreted according to the laws of the State of Iowa, without regard to its conflict of laws provisions. Both parties submit to the exclusive jurisdiction of the State and Federal Courts located in Polk County, Iowa for any action or proceeding relating to the Agreement brought by either party, and each party expressly waives any objection it may have to such jurisdiction or the convenience of such forum.

  32. No Implied Waiver. CruiseCompetes waiver of any term, condition or provision of the Agreement shall not be construed as a waiver of any rights and remedies afforded to CruiseCompete under law or the Agreement. CruiseCompete's waiver of any default or breach by Agency hereunder shall not constitute a waiver of any other default or breach by Agency whether similar or otherwise.

  33. Modification. CruiseCompete has the right, at any time, to modify and amend the Agreement, including the Terms and Conditions, without prior notice to Agency. Such modifications shall become effective immediately upon being posted at the www.cruisecompete.com web-site. Agency's continued use of the Service after such modifications are posted shall constitute Agency's acknowledgement and acceptance of the Agreement, including the Terms and Conditions as modified. Except as provided in this paragraph, the Agreement may not be amended.