Sales Policy. Effective: 1 March, 2010

Product Warranty

All Voyager virtual tour camera kits, optics and hard good products come with a manufacturer's warranty. Please submit the registration cards to these vendors so that you are protected. Additional protection is available on whole enchilada 360 camera kits with the Diamond Protection plan. This add on warranty extends the manufacturer's warranty by 1 - 3 years (depending on camera kit/make/model and optic selections) and covers breakage and theft.*

By placing your order online or by telephone, you acknowledge that you have had the opportunity to review Voyager's warranty terms and sales policy to the extent you are familiar with them and you accept the terms and conditions, including return policy, limitations, exclusions and disclaimers in them. Every sales invoice Voyager issues makes mention of this Sales Policy and it is your responsibility to read this. Once you have paid Voyager, this policy becomes effective immediately. This policy is updated from time with little or no notice to you. As a customer of Voyager, it is your responsibility to review Voyager's Sales and Return policy if you are a recurring customer. Your continued use of Voyager's service(s) constitutes an automatic acceptance of changes we may make to our policy.

All hardware and hard goods from third parties are sold "as is" along with their own manufacturer's warranties. Software from any vendor cannot be returned or restocked. If you have questions about a software product's operation or functionality before you purchase any Voyager bundled 360 kit, you are allowed in many cases to try the software before you buy it -- such as AutoDesk Stitcher allows a 15 day trial use before it requires an activation key and a serial number.

All products including custom websites and any Voyager or Kayyah.com hosting services are non-returnable. Voyager offers no refunds or exchanges after the purchase has been made. EXCEPTION: If you receive any hard good that appears to have a defect after you received the shipment -- it can be exchanged for another identical product as permitted under the manufacturer's warranty. Claims for any damage from FedEx, UPS or other carrier require you to notify Voyager within 72 hours after having received the product(s). Failure to claim carrier damage within 72 hours will constitute a void of this policy.

Credit Card Purchase(s). Any customer who makes a purchase using a Credit Card for Voyager product(s) or service(s) will make the purchase on his or her own credit card, or if using a company card, he/she has the full legal authority to make the purchase on the firm or individual's behalf. Any customer who calls their bank or financial institution in order to gain a refund by circumventing Voyager's sales policy will constitute Credit Card Fraud. At such time, Voyager may take legal action. Voyager's sales and return policies have all been reviewed by the Better Business Bureau (BBB) and Visa, MasterCard, American Express and Discover and have been approved. In the event legal action is used to re-collect a disputed credit card charge, you will be responsible for reasonable attorney fees, the original amount, bank charges and any other damages that might be imposed by a court hearing. Travel expenses to/from Santa Fe for any legal action or court appearance will be the sole responsibility of the customer.

Custom/Semi-Custom Websites/Software/Mashups. Any customer who employs or contracts Voyager for the development of any website or custom/semi-custom software agrees to the following terms. 1.) Because the Internet makes available certain software application program libraries/interface (APIs) or software development toolkits (SDKs) Voyager will not and cannot legally convey any copyright ownership of the mashup code or finished project to any client. 2.) You may possess a copy of the mashup and project source code on a CD-ROM, but you are not entitled to use this software in form that might be used to directly or indirectly compete with Voyager's business model. 3.) Voyager may at anytime take the mashup and use this in any business model Voyager sees fit with little or no notice to you whatsoever. Exception: If Voyager is hired to work for you within a protected territory, especially in an Internet marketing capacity for SEO and real estate marketing, then this policy is void as you will have a signed project proposal where Voyager only works for one broker or top producing agent/broker per geographic region.

Custom Websites, SuperIDX-IDL VOW Driven Websites Any customer who engages Voyager for the creation of a custom website driven by a SuperIDX IDL system agrees to the following terms and conditions; 1.) Customer shall in no way, alter the custom code developed by Voyager, 2.) Customer shall not engage any 3rd party for the purposes of enhancing or modifying the software and shall give Voyager the first right of refusal to make any and all requested changes. Voyager's refusal to provide the upgrade does not automatically constitute any relinquishment of Voyager proprietary code or know how to any 3rd party. If Customer desires a change that Voyager is not willing to provide, then Customer can elect to purchase a license to the SuperIDX code developed for said Customer. In such an event, Voyager shall provide a written quote for such a license to Customer and it will be accompanied by a Software User License Agreement (SULA) which shall be binding on the Customer and Customer's software applications developer/vendor. In the event customer elects to circumvent this policy and have any 3rd party developer use any software program to reverse engineer, trace, scrape or obtain a working copy of Voyager developed software, Customer shall be subject to immediate termination and all services with a 30 day notice. Customer may also be subject to legal and civil action in order to protect Voyager intellectual property.

Unknown Procedures/Features that Cannot Be Replicated; At no time shall Voyager be required to deliver any module or service feature of any custom software if, after all good faith measures have been exhausted, Voyager engineers have identified a client requested feature that is not able to be duplicated. We cannot possibly know what we do not know. And in the course of copying look and feel of a software product or idea for a custom mashup, good faith and due diligence shall be conducted as to the feasibility of a particular feature/service that can or cannot be replicated, designed or engineered and given to Customer in the final mashup product(s). In some instances when Voyager engineers might be able to deliver a Customer requested feature, a reasonable amount of time shall be given to Voyager for research in order to learn if such feature(s) can be replicated and engineered. In some cases, time consumed for research can and sometimes does result in flat rate quoted mashup projects to be over budget, but shall not exceed plus or minus 10% of the agreed, capped project amount. Email requests for additional tasks and research are subject to Voyager's hourly rate and will be billed in addition to any signed contracted amounts. In some cases, Voyager shall first submit an amendment of any Scope of Work, MRD/PRD to Customer for review of extra costs(s) needed to provide some requested features in the final mashup delivered to Customer from Voyager.

If a Customer requested feature cannot be replicated and engineered because there is insufficient documentation or knowledge of how to do so, Voyager shall remain the final determining authority as to whether or not a feature can or cannot be replicated or built. In such instances, should they arise, Voyager shall notify Customer of the features that cannot be replicated for the fixed budget and shall offer options to hire (when available) engineers from the company of which source code for mashup is licensed from in order to build the feature at a reasonable extra cost to Customer. In some cases Voyager may elect to strike a particular feature or features from the final delivered product to Customer and Customer shall not withhold monies due Voyager for the features that are working. Transfer of the final mashup/website/project and code developed by Voyager shall only be made to Customer after receipt of good funds as pursuant to the signed agreement of the MRD/PRD or Scope of Work document between the two parties. Customer is required to make good funds on the final invoice submitted by Voyager within 48 hours in absence of any other written and mutually agreed upon payment terms.

Carrier Negligence of Products Shipped to Customer. Voyager will replace or refund your order once actual loss due to fault of the carrier has been determined. Example, UPS or FedEx leaves the box at your door with no signature. At no time shall Voyager nor any of our affiliates ship a product to a customer without having requiring a signature. This is to avoid issues of theft. In the event any customer claims carrier negligence, Voyager shall make reasonable efforts with the carrier to launch an investigation to determine where carrier left the package. Once the UPS or FedEx investigation has been completed, at that time and at the discretion of Voyager, we shall either replace the product or refund the charge(s) to your credit card, less the cost of training or any software(s) downloaded and purchases of serial numbers. Therefore any refund, if given, will be the amount charged the customer less the cost of the software purchase(s).

Recurring Services. SEO / Hosting. Any customer that uses Voyager hosting services, including SEO or Pay Per Click (PPC) programs, Kayyah.com for hosting 360 tours, listings and / or any custom marketing / advertising services must provide a credit card on file for recurring monthly charges to be billed. Billing on your card will be done on the 1st business calendar day of the month. Accounts that are not paid by the 5th calendar day of the month are late, and a $10 - $25 late charge will be added (depending on the size of your account). Accounts not brought current by the 10th calendar day of the month are deactivated on the 11th. Reconnecting your service will only be done after your balance is brought current. The cost of relinking Showcase Listings to Realtor.com as a result of disconnection are not included and will be $25 per MLS listing to reconnect. Accounts not brought current after 30 days are subject to legal action. Websites and other custom software work including IDX and any other customer software you ask Voyager to work on will require your acceptance of a Marketing Requirements Document (MRD) and a Product Requirements Document (PRD). Voyager provides one to you before money is accepted. Once you have received the MRD/PRD and have authorized Voyager to begin work and money you have authorized Voyager to debit your credit card, then you will have accepted Voyager's terms and conditions as covered in our Sales Policy.

Cancellation of Voyager Services, SEO / Hosting. Any customer who desires to cancel his / her services with Voyager may do so at anytime with 30 day written notice to Voyager. Click here to cancel your account. Once canceled, your Kayyah account, IDX and all email services will self-terminate on day 30. Kayyah MLS listing services are not permitted to run on 3rd party servers. You will be liable for all charges until the next billing cycle at which time, your pro-rated account will need to be brought current at the time disconnection of your account is made. Abandonment of your account, meaning failure to pay your regular monthly service charges is an insufficient action to cancel your recurring services (as we are not mind readers). Therefore, regular monthly charges will continue to accrue on your account whether there is an active credit card on file for your recurring services or not. Accounts not paid after 30 days: After all reasonable methods have been exhausted to contact you regarding your past due account, collections and / or legal action may be used to collect the outstanding balance due Voyager.

Returns (RMA) of Equipment. Any return of equipment must be approved in advance from Voyager. Customer will ship back the equipment in original boxing/packing materials. Customer is advised they shall not break off or alter any cases such as snapping off the GoPano tabs -- as this can result in damage to optic during transit. Any customer who ships back any panoramic hard good product(s) including lenses and cameras will ship the return via a bonded and nationally recognized carrier such as UPS or FedEx. If customer is given the Voyager's FedEx # to return the equipment, customer understands he/she will be charged for that transportation for the equipment return(s). Restocking fees up to 15% of the product(s) retail cost may be imposed at Voyager's discretion. Customer understands he/she is responsible for any damage due to their negligence or improper packaging. At no time shall customer be entitled to credit/refund for any software as it cannot be restocked and resold. In the event any product(s) received by Voyager are damaged, Customer shall be given 72 hours notice to pay for the repair and or replacement of the product(s). Without receiving any other instructions, customer's existing credit card on file shall be charged for the repair/replacement if Voyager does not receive an alternative form of payment within 72 hours of initial notification of damage.

Return of Equipment / Product to Voyager. You need to obtain written permission from Voyager before you return any equipment. In some cases an RMA number might be required. Contact: v360sales@voyager360.com to obtain permission and/or an RMA number before you ship anything back. Equipment shipped to Voyager without permission or an RMA number may be rejected at Voyager's sole discretion.

Please note Voyager does not permit the return or do we offer refunds for the services:

• Custom or Semi Custom Websites
• Hosting
• Links to Realtor.com for Showcase Listings
• Consulting, or SEO Work
• Press Releases
• Radio or Newspaper Ads
• Electronic Software Downloads
• Custom Software Programming or Engineering