Vacations by Adventure Tours Site User Agreement
August 22, 2005

Terms of Site Use
VacationsByAdventure.com is intended exclusively for your personal and noncommercial use. The content and data (including information relating to the pricing and availability of travel), as well as the website infrastructure used to provide such content and information, is proprietary to Vacations by Adventure Tours. As a condition of using VacationsByAdventure.com, you agree not to use its contents or information for any commercial or non-personal purpose. Unless otherwise agree upon, in writing, by Vacations by Adventure Tours, you may not commit any of the following acts either directly or indirectly:

• Use any automatic device or manual process to copy or monitor content of the site without prior written consent
  
  
• Use or access VacationsByAdventure.com in any way that, in the opinion of Vacations by Adventure Tours, has a negative affect on the performance or function of the site, or any other computer systems or networks used by Vacations by Adventure Tours
  
  
• Attempt to upload or transmit to VacationsByAdventure.com or use any device, software or routine that contains malicious computer programming routines that are intended to damage, interfere or attempt to interfere with, intercept, the normal operation of VacationsByAdventure.com, or take any action that imposes an unreasonable load on our computer equipment.

Termination
Vacations by Adventure Tours, at our sole discretion, may terminate or restrict your access to all or any component of VacationsByAdventure.com at any time, regardless of if access continues to be allowed to others. Upon such termination or suspension, you must immediately discontinue use of VacationsByAdventure.com. If you continue to access the Site after such termination, your use shall constitute an act of trespass.

Changes
Any cosmetic or functional part of VacationsByAdventure.com may be changed, supplemented, deleted, updated, discontinued, suspended, or modified at any time, and without prior notice to you.

Privacy and Security
Our Privacy Policy covers use of information collected on VacationsByAdventure.com. You agree that you have read our Privacy Policy, and it is reasonable and acceptable to you. Your acceptance of these Terms is also your consent to the information practices in our Privacy Policy.

Intellectual Property Rights
All material contained on the VacationsByAdventure.com Site, unless otherwise indicated, is protected by law including, but not limited to, copyright and trademark law, as well as other state, national, and international laws and regulations. User acknowledges that all right, title and interest in and to the VacationsByAdventure.com Site and any and all intellectual property rights associated therewith are exclusively owned by Vacations by Adventure Tours. User will not contest the validity of any trademark or Vacations by Adventure Tours' exclusive ownership of it.

Any re-use on your web site(s) of copyrighted images, logos and marketing text must include notices in the following form:

1. "Vacations by Adventure Tours" & logo is a registered trademark of The Mark Travel Corporation. Permission granted only for use on this web site.
   
   
2. For marketing text: Copyright © year (e.g., 2005) Vacations by Adventure Tours. All Rights Reserved.

Disclaimers
User assumes the sole risk of making use of and/or relying on the information or services, made available by Vacations by Adventure Tours. Vacations by Adventure Tours makes no representations about the suitability, completeness, timeliness, reliability, or accuracy of the information or services described or provided by the VacationsByAdventure.com Site for any purpose. Vacations by Adventure Tours does not warrant that the VacationsByAdventure.com Site will meet all of User's requirements or that performance of the VacationsByAdventure.com Site will be uninterrupted or error-free including any errors or omissions in the results obtained through use of the VacationsByAdventure.com Site. All such information or services are provided "as is" without warranty of any kind, including all implied warranties and conditions or merchantability, fitness for a particular purpose, title, and non-infringement.

Vacations by Adventure Tours may make modifications and/or changes to the VacationsByAdventure.com Site at any time, for any reason.

In no event shall Vacations by Adventure Tours be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of the VacationsByAdventure.com Site or with the delay or inability to use the VacationsByAdventure.com Site, or for any information or services offered or available (or not available) through the VacationsByAdventure.com Site, or otherwise arising out of the utilization of the VacationsByAdventure.com Site, whether based in contract, tort, strict liability, or otherwise, even if Vacations by Adventure Tours has been advised of the possibility of damages.

In the event that the foregoing limitations are not enforceable, Vacations by Adventure Tours' liability incurred in connection with this agreement shall not exceed the amount of payments received by Vacations by Adventure Tours from User.

Indemnification
User shall defend, hold harmless and indemnify Vacations by Adventure Tours for any damages awarded pursuant to any third party claim brought against Vacations by Adventure Tours and its affiliates and all of their directors, officers, employees, secondees, legal representatives, contractors, and agents (collectively "Indemnified Parties"), which would constitute a breach of any warranty, representation or covenant made by User under this Agreement; provided that the Indemnified Parties notifies User in writing of any such claim and tenders the control of the defense and settlement of any such claim to User at User's expense and with User's choice of counsel. The Indemnified Parties shall cooperate with User, at User's expense, in defending or settling such claim. User will not enter into any settlement or compromise of any such claim without the Indemnified Parties' prior consent, which shall not be unreasonably withheld.

Governing Law
This Agreement has been made in and will be construed and enforced in accordance with Wisconsin law. Any action will be brought in the courts of Wisconsin, and all parties to this Agreement expressly agree to be subject to the jurisdiction of such courts.

Waiver
Failure to insist on strict performance of any of the terms and conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by Vacations by Adventure Tours of any right under these terms and conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.

Severability
If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these terms and conditions shall continue in effect.

Relationship Between the Parties
No joint venture, partnership, employment, franchise, or agency relationship exists between User and Vacations by Adventure Tours as a result of this Agreement or User's utilization of the VacationsByAdventure.com Site.

Entire Agreement
This agreement represents the entire agreement between User and Vacations by Adventure Tours with respect the use of the VacationsByAdventure.com Site. Any rights not expressly granted herein are reserved.

Assignment
User may not assign its rights or delegate its obligations under this Agreement without Vacations by Adventure Tours' prior written consent.

Notices Any notice or other communication hereunder shall be in writing and shall be deemed given and effective (i) when delivered personally, or by overnight express, or (ii) five (5) business days after the postmark date if mailed by certified or registered mail, postage prepaid, return receipt requested, addressed to a party as follows, or to such other address as such party may designate by written notice to the other party in accordance with the provisions of this section.

If to Company, the notice shall be addressed to:

VACATIONS BY ADVENTURE TOURS
8907 North Port Washington Road
Milwaukee, Wisconsin 53201
Attention: General Counsel