Please be advised that the following Terms and Conditions and Limitations of Liability apply to all our travel program offerings. These terms and conditions are supplemented by our Release of Liability Forms and further conditions as may be outlined in our Skykingdom Adventures Pre Departure Packet, which you will receive when you sign up with us.

34

TERMS REGARDING THE USE OF OUR WEB SITE:

Terms of Use

PLEASE READ THESE TERMS OF USE ("Terms") CAREFULLY BEFORE USING THIS SITE

Skykingdom Adventures may change any or all content on the Site, including, but not limited to, products, programs, and/or services described on or offered through the Site, without notice and without liability.

COPYRIGHT & LICENSES
All materials and content on the Site, including, but not limited to, images, illustrations, text, audio clips, and video clips, are protected by or consist of copyrights, trademarks, service marks, and/or other intellectual property rights ("Intellectual Property"). The Intellectual Property is governed and protected by United States and worldwide copyright, trademark, and/or other intellectual property laws and treaty provisions, privacy and publicity laws, and communications regulations and statutes.

INFORMATION SENT FROM USERS
Content sent to us, as between the two of us, whether via e-mail, forms, messages, ideas, and/or suggestions, becomes our sole property and is transmitted at your sole risk. You hereby represent and warrant that you own or have the right to submit the foregoing to us. We will respond to customer service questions in accordance with our "Privacy Policy."

You are strictly prohibited from uploading to the Site any material that contains any virus, worm, "time bomb, or similar contaminating or destructive feature. Violators may be prosecuted to the maximum extent of the law.

LEGAL RESPONSIBILITY
You are solely responsible for maintaining the confidentiality of your account information and your password, and for all activities that occur under your account and/or password. We do not knowingly sell any of our products or services to anyone under the age of 18. By using the Site, you represent that you are of sufficient legal age to use the Site, and create binding legal obligations for any liability incurred as a result of your use of the Site. If you become aware that an unauthorized person may have access to your password, you should change your password immediately and contact us.

The Site may contain links to some sites that are not maintained by us. While we make every effort to include links to only those sites that are in good taste and safe for our visitors, we do not regularly review materials posted at such sites. These links are provided solely as a convenience to you. We do not necessarily endorse all of the materials appearing on such sites. We shall not be responsible for, and we make no representation regarding, the content on such sites. If you choose to link to any third-party site, you do so at your own risk.

Once your reservation has been confirmed on one or more of our Trips or Travel Programs or Journeys or Adventures have been confirmed, you are deemed to have agreed to all of the terms and conditions related to your purchase. Since you are obligated to comply with all of the terms and conditions related to your purchase, it is in your best interests to review those terms and conditions carefully at the time they are made available to you.

LIMITATION OF LIABILITY
IN NO EVENT SHALL WE, AND/OR OUR PROVIDERS OR DISTRIBUTORS, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, THAT ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH THE USE, OR THE INABILITY TO USE, THE SITE OR THE SERVICES OR MATERIALS ON THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, AND/OR OUR PROVIDERS OR DISTRIBUTORS, BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THE SITE, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO, OR OTHER INFORMATION FROM THE SITE. IN NO EVENT SHALL OUR AGGREGATE LIABILITY, OR THAT OF OUR PROVIDERS OR DISTRIBUTORS, EXCEED THE TOTAL CHARGES SET FORTH IN THE ITINERARY GIVING RISE TO ANY SUCH LIABILITY. ANY CLAIM OR CAUSE OF ACTION ARISING FROM, OR RELATING TO, YOUR ACCESS AND USE OF, OR PURCHASE OF PRODUCTS AND/OR SERVICES FROM, THE SITE MUST BE BROUGHT WITHIN ONE (1) YEAR FROM THE DATE ON WHICH SUCH CLAIM OR ACTION AROSE OR ACCRUED OR PURCHASE WAS COMPLETED. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOUR USE OF THE SITE SHALL BE AT YOUR OWN RISK.

THE SITE AS INTERMEDIARY
SKYKINGDOM ADVENTURES, THEIR EMPLOYEES, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SUCCESSORS, AGENTS AND ASSIGNS (COLLECTIVELY SKYKINGDOM ADVENTURES) ARE NOT LIABLE FOR ANY NEGLIGENT OR WILLFUL ACT OR FAILURE TO ACT OF ANY ENTITY OR THEIR ASSOCIATES OR AFFILIATED PERSONNEL WHICH IS TO, OR, DOES PROVIDE GOODS OR SERVICES FOR YOUR TRIP, INCLUDING BUT (NOT LIMITED TO),FOR EXAMPLE, LODGING FACILITIES, TRANSPORTATION, FOOD SERVICE ETC. WE SHALL NOT BE RESPONSIBLE FOR BREACH OF CONTRACT OR ANY ACTIONS OR OMISSIONS ON THE PART OF SUCH PROVIDERS, WHICH RESULT IN ANY LOSS, DAMAGE, DELAY, OR INJURY TO YOU AND/OR YOUR TRAVEL COMPANION(S), IF ANY. WE DO NOT GUARANTEE ANY OF SUCH PROVIDER'S RATES, BOOKINGS, RESERVATIONS OR OTHER PURCHASE TERMS. WE SHALL NOT BE RESPONSIBLE FOR ANY DISRUPTION OF TRAVEL-RELATED PRODUCTS AND/OR SERVICES, WHETHER RESULTING FROM BANKRUPTCY OF ANY SUCH PROVIDER(S), OR DUE TO MONETARY CRISIS, POLITICAL OR SOCIAL UNREST, LABOR PROBLEMS, MECHANICAL OR CONSTRUCTION DIFFICULTIES, CLIMATIC ABERRATIONS, LOCAL LAWS, DISEASES, NOVEL CONDITIONS, INCLUDING TERRORIST ACTIVITIES, AND/OR EVENTS OF "FORCE MAJEURE" (I.E., THOSE BEYOND OUR REASONABLE CONTROL).

INDEMNIFICATION
You shall defend and indemnify us, our Providers and Distributors, and each of their respective officers, directors, employees, and agents, from and against any claim, cause of action, or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of the site.

ENTIRE AGREEMENT; GOVERNING LAW; VENUE; SEVERABILITY
This agreement, including any other terms and conditions referenced herein, constitutes the entire agreement with respect to this Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to this Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state or federal courts located in San Luis Obispo, California and you hereby agree to consent and submit to the exclusive personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

**********

CST # 20-77990-40