Terms and Conditions
PLEASE READ THIS TERMS OF USE AGREEMENT (THE “TERMS OF USE”) CAREFULLY. BY ACCESSING OR USING THIS WEBSITE OR ANY OTHER WEBSITES OF THE GRANT CARDONE FOUNDATION, ITS AFFILIATES OR AGENTS (“GCF”) WITH LINKS TO THIS TERMS OF USE (COLLECTIVELY, THE “WEBSITE”) IN ANY WAY, CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR MERELY BROWSING THE WEBSITE YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF USE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH GCF, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY OR ON BEHALF OF THE COMPANY YOU HAVE NAMED AS THE CUSTOMER, CONTRIBUTOR, AND/OR DONOR AND TO BIND THAT COMPANY TO THE TERMS OF USE. THE TERM “YOU OR GUEST” REFERS TO THE LEGAL ENTITY IDENTIFIED AS THE CUSTOMER, CONTRIBUTOR, AND/OR DONOR WHEN YOU REGISTERED ON THE WEBSITE AND YOU INDIVIDUALLY AND PERSONALLY AGREE TO COMPLY WITH ALL TERMS APPLICABLE TO SUCH ENTITY.
1. Introduction
This Cruise/Private Yacht Retreat ticket agreement (the “agreement”) describes the terms and conditions that will apply to the relationship between Guest and The Grant Cardone Foundation (“GCF”) for the Cruise/Private Yacht Retreat. The terms and conditions set forth in this Agreement constitute the entire agreement between GCF and Guest. By agreeing to this Agreement you are also agreeing to be bound by the Terms and Conditions of Cruise Yacht OpCo Ltd doing business as The Ritz-Carlton Yacht Collection (“CARRIER”). The Terms and Conditions contained on CARRIER’s website can be found at https://www.ritzcarltonyachtcollection.com/legal/booking-terms-conditions. By continuing on with this agreement, you are also agreeing to have fully read, understood, and agree to be bound by CARRIER’s Terms and Conditions.
By contributing to the GCF, you acknowledge and agree to be bound by the full Terms and conditions and Refund Policy as well the Terms of Use and Privacy Policy. If you do not agree to these Policies, please do not donate, contribute, or purchase anything with us.
2. Charitable Organization Disclosures
a. Disclosure Statement. www.grantcardonefoundation.com is a Non-Profit Site. Charitable Organization. The amount of the contribution that is deductible for Federal income tax purposes is limited to the excess of any money (and the value of any property other than money) contributed by the donor over the fair market value of goods or services provided by the charity. GCF will provide a good faith estimate of the fair market value of the goods or services that the donor received. GCF will furnish the statement in connection with either the solicitation or the receipt of the quid pro quo contribution. If the disclosure statement is furnished in connection with a particular solicitation, it is not necessary for the organization to provide another statement when it actually receives the contribution.
b. Fair Market Value. An organization may use any reasonable method to estimate the fair market value (FMV) of goods or services it provided to a donor, as long as it applies the method in good faith. The organization may estimate the FMV of goods or services that generally are not commercially available by using the FMV of similar or comparable goods or services. Goods or services may be similar or comparable even if they do not have the unique qualities of the goods or services being valued.
c. Contributions. Proceeds made as a form of “payment” or “payment plans” towards securing a Cabin on the “Exclusive 5-Day Getaway Private Yacht Retreat with Grant & Elena Cardone” are funds that are contributed towards educating at-risk Children. The contributions cannot be refunded or transferred to store credit due to the proceeds immediately being distributed to the Foundation. Contribution made through the Services are complete and final charitable gifts to the Foundation and are not refundable. The Foundation is a tax-exempt public charity described in Section 501(c)(3) of the Internal Revenue Code.
3. Use and Display of Likeness
Guest hereby grants to GCF and affiliated entities and any other person or entity GCF may authorize, the right to photograph, film and/or record Guest and/or Guest’s charge.
Furthermore, Guest hereby grants to GCF and its successors, affiliates, licensees, and assigns, forever and throughout the world, the right to use such photographs, film, images, tapings and/or recordings of Guest for any purpose, which include but is not limited to governmental investigations, litigation, and promotional materials. Guest agrees they will not be compensated for such use, and all rights, title, and interest therein (including all worldwide copyrights therein) shall be GCF’ sole property, free from any claims by Guest or any person deriving any rights or interest from Guest in perpetuity.
4. Cancellation and/or Deviation by GCF
a. Cancellation by GCF Generally. GCF has the right, without prior to notice to Guest, to cancel the cruise, deviate from the scheduled ports of call, route and/or timetable, call or omit to call at any port or place or cancel or modify any activity on or off the Vessel, comply with all governmental laws and orders given by governmental authorities, render assistance to preserve life and property, change the date or time of sailing or arrival, change the port of embarkation or disembarkation, shorten or lengthen the cruise or substitute ships. Notwithstanding the foregoing, for Guests embarking a cruise at a United States port, should Guest’s cruise be (i) cancelled or (ii) delayed for more than three (3) calendar days with Guest electing not to travel on the delayed cruise, and Guest declines to accept a future cruise credit as a result of the cancellation or delay, Guest is entitled to a refund of the Fair Market Value fare paid (including taxes, fees and port expenses) for the cancelled or delayed cruise. Unless otherwise provided herein, Guest agrees that a refund shall be Guest’s sole and exclusive remedy and GCF shall have no liability for damages or compensation of any kind. GCF’s right to cancel this Agreement shall be in addition to GCF’s right to cancel the Cruise.
5. Cancellation by Guest
Guest is not entitled to any refund, payment, compensation of any kind or credit for cancellation except as provided in this section or as otherwise provided by law. Cancellation penalties will apply when the entire Cruise booking is cancelled and applies to all travel products and /or services purchased.
6. Force Majeure
Except as provided herein, GCF and its successors, affiliates, licensees, and assigns, shall not be liable in any way to Guest for death, injury, illness, damage, delay, cancellations or other loss or detriment to person or property or for GCF’s failure to commence, perform and/or complete any duty owed to Guest if such death, injury, illness, damage, delay or other loss or detriment to person or property is caused by act of God, war or warlike operations, terrorist activities, civil commotions, breakdown, labor difficulties or disputes (whether or not GCF is a party thereto), strikes, lockouts, medical or health epidemic, outbreaks of illness, pandemic, interference by authorities, requisitioning of the Vessel, political disturbance, inability to secure or failure of supplies, perils of the sea, collision, foundering of the Vessel, fire, earthquakes, flood, vandalism, destructive acts of government, mechanical failure of the Vessel, piracy, perils of navigation, perils of the sea or any other cause whatsoever beyond the control of GCF.
7. No Solicitation Policy.
We have a strict no-solicitation policy covering all of our events, conferences, and expositions. In order to provide a distraction-free environment for our attendees and guests, we do not allow solicitation at any of the aforementioned events by attendees or unauthorized parties. This policy includes but is not limited to the following unauthorized activities:
a. Unauthorized receptions & parties (including off-site events)
b. Unauthorized exhibits, mobile exhibits & hospitality suites
c. Unauthorized membership recruitment activities
d. Unauthorized subgroups on social media platforms (including WhatsApp)
e. Unauthorized sale of any product or service not offered by an affiliated Cardone Company at that event
f. Unauthorized promotion of non-Cardone Company events
g. Unauthorized employment recruiting
h. Unwelcome advances toward event participants
i. Unauthorized on-site distribution of printed or electronic materials including literature, signs, flyers, invitations, tickets, forms, etc. (except business cards)
j. Unauthorized distribution of virtual invitations to any of the aforementioned prohibited activities
k. Unauthorized use of the venue’s Wi-Fi, guest Wi-Fi or Company’s Wi-Fi for self-promotional or solicitous purposes
l. Unauthorized use of the venue for self-promotional or solicitous purposes
Any person and/or organization found to be violating this policy shall be expelled from the event without a refund and may be subject to legal action for any damages incurred by Us. Attendees found to be violating this policy agree to pay the affected Cardone Company(ies) the equivalent of a Sponsor or Exhibitor fee, plus a pro rata portion of the event’s cost. Attendees found to be violating this policy shall also be immediately expelled from the event and shall be disqualified from future events at the discretion of any of the Cardone Companies.
8. Guests with Special Needs or Disabilities
GCF requests that Guests with disabilities or special needs who may require special accommodations during the cruise including, but not limited to the use of a wheelchair or a qualified service animal, notify GCF of any special needs at the time of booking. Guests are requested to report any special need or request for accommodation to GCF as soon as Guest becomes aware of it. Upon booking the cruise, Guests who have special needs are requested to contact GCF at: Events@grantcardone.com .
9. Liability Disclaimer.
The information, software, products, and services included in or available through the site may include inaccuracies or typographical errors. changes are periodically added to the information herein. GCF and/or its suppliers may make improvements and/or changes in the site at any time.
GCF and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the site for any purpose. to the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. GCF and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
To the maximum extent permitted by applicable law, in no event shall GCF and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the site, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if GCF or any of its suppliers has been advised of the possibility of damages. because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the site.
10. Guest’s Obligation to Comply with Agreement, and Applicable Laws; Indemnification:
a. Guest shall at all times comply with the provisions of this Agreement, all applicable laws, and rules, policies and regulations of GCF, and the CARRIER’s terms and conditions, rules, policies and regulations.
b. Guest understands and agrees that GCF has a zero tolerance policy for illegal activity and shall report such activity to the appropriate authorities.
c. GCF may also change accommodations, alter or cancel any activities of, deny service of alcohol to, confine to a stateroom or quarantine, search the stateroom, property or baggage of any Guest, disembark or refuse to embark the Guest, or restrain any Guest at any time, without liability, at the risk and expense of the Guest when, in the sole opinion of GCF, the Guest’s conduct or presence is believed to present a possible danger, security risk or be detrimental to himself or the health, welfare, comfort or enjoyment of others, or is in violation of any provision of this Agreement.
d. Indemnification. You agree to indemnify, defend and hold harmless GCF, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. GCF reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with GCF in asserting any available defenses.
e. Arbitration. In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
f. Class Action Waiver. Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and GCF agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
11. Privacy
Your use of www.grantcardonefoundation.com is subject to GCF’s Privacy Policy. Please review our Privacy Policy at https://grantcardonefoundation.com/privacy-policy/ , which also governs the Site and informs users of our data collection practices.
12. Electronic Communications.
Visiting www.grantcardonefoundation.com or sending emails to GCF constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
13. Your Account.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that GCF is not responsible for third party access to your account that results from theft or misappropriation of your account. GCF and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
14. Links to Third Party Sites/Third Party Services.
www. grantcardonefoundation.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of GCF and GCF is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. GCF is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by GCF of the site or any association with its
operators.
Certain services made available via www.grantcardonefoundation.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.grantcardonefoundation.com domain, you hereby acknowledge and consent that GCF may share such information and data with any third party with whom GCF has a contractual relationship to provide the requested product, service or functionality on behalf of www.grantcardonefoundation.com users and customers.
15. No Unlawful or Prohibited Use/Intellectual Property.
You are granted a non-exclusive, non-transferable, revocable license to access and use www.grantcardonefoundation.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to GCF that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of GCF or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. GCF content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of GCF and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of GCF or our licensors except as expressly authorized by these Terms.
16. Changes to Terms.
GCF reserves the right, in its sole discretion, to change the Terms under which www.grantcardonefoundation.com is offered. The most current version of the Terms will supersede all previous versions. GCF encourages you to periodically review the Terms to stay informed of our updates.
17. Contact us
GCF welcomes your questions or comments regarding the Terms:
Grant Cardone Foundation
18909 NE 29th Ave
Aventura, Florida 33180
Email Address:
info@grantcardone.com
Telephone number:
(310) 777-0255