Exodus Booking Conditions

Terms and Conditions

When you book travel services with Exodus Travels Canada Inc., d/b/a Exodus Adventure Travels (“Exodus”, “us”, “we”, “our”) the following Terms and Conditions constitute the agreement between us and you, and also become part of the agreement with us for any travel services you ask us to book on behalf of anyone else named on your booking (a “Participant”). 

We reserve the right to update or amend these Terms and Conditions at any time. An up-to-date version of these Terms and Conditions is accessible on our website at www.exodustravels.com/ca/. You should read these Terms and Conditions carefully and provide a copy to any Participant on whose behalf you are asking us to make a booking for an Exodus tour before you make any booking, because before you can complete a booking you must indicate that you accept these Terms and Conditions on behalf of yourself and all Participants.

In addition to these Terms and Conditions, you and any Participant will be entering into agreements with the suppliers of the travel services that we book on behalf of you and any Participant, including (but not limited to) airlines, cruise companies and hotels.  The terms and conditions of those suppliers are located on their websites and/or in their brochures. Any questions about the travel suppliers’ terms and conditions should be addressed to the specific travel service supplier.

PLEASE READ ALL OF THE TERMS AND CONDITIONS BELOW SO THAT YOU UNDERSTAND YOUR RIGHTS AND OBLIGATIONS AND THOSE OF ANY PARTICIPANT, BEFORE MAKING A BOOKING. YOUR ACCEPTANCE, ON BEHALF OF YOU AND ANY PARTICIPANT, IS REQUIRED TO CONFIRM YOUR AGREEMENT, ON YOUR OWN BEHALF AND ON BEHALF OF ANY PARTICIPANT TO THESE TERMS AND CONDITIONS.

1.Completion of Booking

1.1 In order for the booking to be completed, you must indicate your acceptance of these Terms and Conditions on behalf of you and all Participants included on the booking, by signing on the last page of these Terms and Conditions.

2. Your booking

2.1. A booking will exist as soon as we issue the Booking Confirmation (“Booking Confirmation”). To make a booking, you must be at least 18 years old. By making a booking you are confirming to us that you have the authority to accept and do accept, on behalf of yourself and all other Participants, all of these Terms and Conditions.

2.2 . Whether you book alone or also on behalf of other Participants, we will only deal with you in all subsequent correspondence, including changes, amendments and cancellations to all or part of the booking.  You are responsible for ensuring the accuracy of the personal details and any other information you supply to us for you and all other Participants. By doing so, you confirm that you have the consent of all other Participants to provide us with their personal details. You are also responsible for providing a copy of these Terms and Conditions and any information regarding the booking, and any changes made to it, to all Participants, including but not limited to, information about schedule changes and copies of any Booking Confirmation(s).

2.3. When you receive the Booking Confirmation and travel documents, you must review all details in them immediately and immediately inform us if anything is incorrect. You must make sure that the names on all travel documents, for yourself and all other Participants, are an exact match to those in the passports. We are not liable for the refusal by any travel supplier to permit use of their services because the name(s) shown in a passport differ from those on the travel document. Travel documents will be sent to the email address you provide to us, but will only be sent if payment of the full amount owing to Exodus has been received.

2.4. We may not be able to confirm some of our ground arrangements immediately, e.g. bespoke accommodation, tours etc. but may still issue you with a Booking Confirmation. Any arrangements that have not been confirmed on that Booking Confirmation will only be confirmed when we send you written confirmation of those additional arrangements. If there is any change to any of the details discussed at the time of booking, before the Booking Confirmation is issued, we will notify you promptly of any new or changed details, including a change to the total price, if any.

2.5. By booking an Exodus tour you acknowledge for yourself and all other Participants, that it is an active tour which may test physical ability and consist of strenuous and demanding activities. You and all Participants are therefore responsible for ensuring you are aware of the nature of the associated activities and physical requirements before you book.

2.6. By making the booking, you and all Participants are confirming that you are all healthy and able to complete the itinerary of the chosen tour as described in the trip notes applicable to your tour (the “Trip Notes”).  The tour leader has the right to disqualify you at any time during the tour if they feel that you are physically incapable and/or if your continued participation will jeopardize other participants in the tour.

2.7. All prices we advertise are accurate at the date published, but we reserve the right to change any of those prices from time to time. In the unlikely event of an administrative error leading to an incorrect price being displayed, we reserve the right to correct it until the full amount has been paid. Offers are not combinable unless expressly stated and may be withdrawn at any time. All quotations are provisional until confirmed in writing on your Booking Confirmation.

2.8. When the price per person depends on the number of people participating and the number of people changes, the price per person may need to be recalculated based on the new number of participants.

2.9. Only those who are 18 years of age or over can make a booking with Exodus. Minors who are aged 16 or 17 years old may accompany their parents or legal guardians on any tour. Minors under the age of 16 may accompany their parents or legal guardians on family adventure tours, subject to meeting the minimum age requirements as specified in the Trip Notes. For polar voyages, minor aged between 10 and 17 may accompany their parents to travel on the booking.

2.10. Accommodation for all Exodus tours is based on double occupancy. If you are traveling alone and wish to share accommodation, a roommate will be assigned to you whenever possible. When pairing roommates, we will always pair participants of the same biological sex as stated on passports. If it is not possible to pair you with a roommate, you may be asked to pay a single supplement for the land portion of the tour. If this applies, you will be advised of this during the booking process.

2.11. Exodus reserves the right to decline to accept any individual on any tour for any reason whatsoever.

3. Flights

3.1. Travel documents may contain conditions of carriage which limit airlines’ liability under international conventions and agreements. Any complaints concerning flights should be made to the airline concerned. We reserve the right to substitute alternate airlines and aircraft types and to add en-route stops at our discretion with or without notice to you or other Participants. 

3.2. When you book a flight be aware that:

3.2.1. Quotes: All quotes are in Canadian dollars.

3.2.2. Price changes: Until the tickets are issued, Exodus reserves the right to change prices for any reason including, but not limited to, airfares wrongfully quoted due to system error, the price of fuel and/or currency fluctuations or government taxes or levies, or any other reasonable cause.

3.2.3. Additional Charges: Charges may apply to inflight services including internet connection, entertainment, gratuities, food and drink services.

3.2.4. Full payment: Until the full payment for a flight is received a quoted price is not guaranteed.

3.2.5. Changes and cancellations: Unless otherwise stated, airline tickets are 100% non-changeable and non- refundable once issued. Changes may be made prior to ticket issuance but will be subject to all applicable administrative fees.

3.2.6. Non-transferable: Once issued, all airline tickets are non-transferable and are valid only for the dates and routings shown. Not showing up for a flight will result in a forfeit of the ticket and you (or, as applicable, any other Participant) will be responsible for the full cost of a new ticket.

3.2.7. Flight reconfirmation: You are responsible for confirming all flights at least 48 hours prior to departure.

3.2.8. Connecting flights: If you or other Participants have connecting flight(s), at least 3 hours (and preferably overnight) between those connecting flights should be allowed. All such connecting flight reservations are made at your risk and that of any other Participant and the cost of any loss or damages in the event of a change to the connecting flight is yours and the Participants.

3.2.9. Seating and Check-in: Seats are allocated on a first-come, first-served basis unless you or other Participants have pre-purchased seating allocation.  You and other Participants should arrive at the airport at least 3 hours prior to flight departure. Check-in closes 60 minutes prior to flight departure and all passengers must be present for check-in. Neither you nor other Participants will be allowed to board or obtain a refund if you or other Participants have not checked in 60 minutes prior to flight departure.  Airlines reserve the right to deny boarding to any passenger they deem to be in an unfit condition to fly.

3.2.10. Baggage: You and other Participants must check the booking documents or with the airline for details about baggage allowance and updated baggage regulations. Charges may apply for baggage and additional charges will apply to baggage in excess of the weight allowance. Any lost, delayed, or damaged baggage is the responsibility of the airline. If baggage is delayed at destination or upon return home, you or the other Participants must contact the airline representative before leaving the airport. If you or another Participant fail to notify the airline representative before leaving the airport any claim will be invalidated. The handling of baggage is performed by an independent contractor over which we have no control. Exodus is not responsible for the loss or damage to baggage or any other possessions, and it recommends you and other Participants purchase insurance to cover this type of loss.

3.2.11. Personal Information: As part of the booking, you and all Participants provide certain information that may be sent to governmental authorities and border control and security agencies for the purpose of security and counter terrorism. The information that must be provided will include, but not be limited to, full name (as shown in passport or travel document), sex, date of birth, travel document type, number, country of issue and expiry date. This information will be provided to the airline between 6 months and 24 hours before departure.

3.2.12 At Airport delays: If a flight delay is announced at the airport, it may not be possible for the airline to provide accommodation or meals during the delay. If a delay is related to weather, traffic, or another Force Majeure Event (as defined in section 11) event, any expenses incurred by you and other Participants will be the responsibility of you and those other Participants. Exodus is not responsible for additional expenses, lost income or any other consequential damages as a result of changes to flight times or missed tour departure. Exodus will not refund any unused portion of air tickets purchased.

4. Paying for your tour

4.1. When you make a booking, a non-refundable deposit of the lesser of (i) 25% of the total cost of the travel arrangements, or(ii) CA$500, must be paid for each traveler. For all polar tours and voyages, the required non-refundable deposit is 25% per person of the selected travel arrangements, with a minimum CA$2,000 per person or equivalent. For private groups, the non-refundable deposit amount will be confirmed on the initial quotation document sent prior to booking. The balance of the price of all travel arrangements must be paid at least 120 days before the departure date specified in the Booking Confirmation. In certain cases, full payment may be required more than 120 days before the departure date, for example, airlines requiring full payment at the time of booking. If the deposit and/or balance is not paid in time, you and other Participants will be considered to have cancelled your travel arrangements. If the balance is not paid on time we will retain your deposit.

4.2. Payment may be required for non-transferable and non-refundable items, including (but not limited to) National Park entrance fees and permits, and for some accommodation and services at peak times of travel or when accommodation and space are limited. You will be advised of all such charges due at the time of booking and before the booking is confirmed. You may also be required to pay for any non-transferable and non-refundable items, such as (but not limited to) special air fares, tickets or entry permits and any other applicable supplements due, at the time of booking and they may be non-refundable in the event of cancellation for any reason.

4.3. We accept payment by Visa and Mastercard but do not accept payment by American Express.

5. Insurance

5.1. You and any Participant must purchase adequate travel insurance for your chosen itinerary. We recommend you and any Participant take out insurance as soon as your booking is confirmed, including coverage for cancellation, interruption, medical care, death, repatriation and property. You should carry proof of insurance with you at all times.

5.2. Exodus is not responsible for any costs you or any Participant incur as a result of not having valid or adequate travel insurance.

5.3. We strongly recommend that no travel arrangements to the point of departure of the tour, any connecting travel that is non-refundable or non-changeable or incurs penalties or any costs with respect to visas or vaccinations be made until your travel itinerary has been confirmed. Exodus will not be liable for the cost of any such arrangements, which are not useable due to a change in your itinerary.

6. If you cancel your travel plans

6.1. You, or any Participant may cancel your travel arrangements at any time. Written notification from you or your travel agent must be received at our offices. Since we incur costs in cancelling your travel arrangements, you will have to pay cancellation charges as follows (see also the exceptions below):

6.2. Certain tours may involve different cancellation charges. Details of any such applicable charges will be provided during the booking process.

6.3. For polar tours, the following cancellation charges apply:

6.4. Your deposit is non-refundable, even if the cancellation charge calculated is lower than the deposit amount paid.  If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges. Certain travel arrangements may be subject to higher cancellation charges up to 100% of that part of the travel arrangements from the moment the booking is confirmed.

7. If you change your booking

7.1. If, after our Booking Confirmation has been issued, you wish to change the date of departure of your booking, then this shall be treated as a cancellation and the cancellation terms in Section 6 shall apply.

7.2. If, after our Booking Confirmation has been issued, you wish to change travel arrangements for you or any Participant, for example your accommodation (but not travel dates), we will do our utmost to make these changes, but it may not always be possible. Any request for changes must be in writing from you or your travel agent. Our fee for any change will be CA $75, plus any further cost we incur in making this alteration (including those charged by third party travel suppliers who provide the component parts of your booking). These costs are likely to increase the closer to the departure date the changes are made so contact us as soon as possible. Certain travel arrangements may not be changeable after a reservation has been made and any alteration request could incur a cancellation charge of up to 100% of that part of the travel arrangements.

7.3. A booking can be transferred to another person, who satisfies all the conditions that apply to the booking, by giving us notice in writing at least 7 days before departure provided that the new Participant accepts the transfer and these Terms and Conditions. Both you and the new Participant are responsible for paying all costs we incur in making the transfer in addition to making the payment to Exodus of CA $75. Certain airlines and other transportation providers treat changes as a cancellation and charge accordingly, up to 100% of the cost of that service. Where applicable these charges will be passed on to you.

8. If we cancel your booking

Exodus reserves the right to cancel a tour before departure for any reason whatsoever, including too few participants, logistical problems, a Force Majeure Event (as defined in Section 11), or any other circumstances that may make operation of the tour inadvisable. All payments received will be promptly refunded, and this refund will be the limit of Exodus’ liability without any further obligation on Exodus’ part. Exodus is not responsible for any expenses incurred by you or any other Participant in preparing for the trip, including non-refundable or penalty-carrying airline tickets, special clothing, visa or passport fees, or other trip-related expenses.

9. If we change your booking

Changes to the price

9.1. The travel services are typically sold well in advance of travel dates and sometimes the price increases.  If the increase in the cost of the travel services is more than 7% (unless government imposed), the choice of a refund of all refundable amounts or comparable travel services will be available to you and any Participant.

Changes other than the price

9.2. We may make changes to any aspect of a booking. If the change is insignificant, for example change of accommodation to another of the same or higher standard, we will notify you of this.

9.3. If a significant change of any of the main characteristics of the travel services is required, we will advise you and provide a timeframe within which you must respond. If you do not respond to us within the timeframe given your booking may be cancelled. 

9.4. In circumstances where there is a significant change to any of the main characteristics of the travels services, you and any Participant may:

9.4.1. accept the change; or

9.4.2. accept an alternative tour and a refund any price difference if the alternative is of a lower value; or

9.4.3. receive a refund of all refundable monies paid, in which case we will not be liable for any further sums, compensation or otherwise.

10. Responsibility of Exodus and the limitation of Exodus’ liability

10.1. Exodus arranges travel services with independent third parties, such as airlines, hotels, bus companies, tour operators, baggage handlers and other independent suppliers on behalf of you and Participants. Exodus exercises care in selecting these independent suppliers and pays particular attention to their reputation and reliability. However, Exodus does not control these independent suppliers and cannot be held responsible for their performance or lack thereof.

10.2. Exodus is not responsible for any personal injury, death, loss or damage whether mental, emotional or physical howsoever sustained, resulting or arising from any error, omission or negligence of any company or person, agent, employee or sub-contractor supplying any of the travel services.

10.3. Exodus is not responsible for consequential damages or special damages suffered by you or any Participant, even in circumstances in which Exodus is aware of the reason you or a Participant are using the travel services, including circumstances in which you or a Participant arrive at a destination later than expected and/or are unable to attend an event/excursion, whether the event/excursion is included in the price of the travel services or not.

10.4. Neither you nor any Participant shall have any claim against Exodus by reason of you or any Participant failing to purchase travel insurance or because you failed to advise any Participant to purchase travel insurance.

10.5. Exodus liability for any personal injury, death, loss or damage whether mental, emotional or physical howsoever sustained, resulting or arising from any error, omission or negligence of any company or person, agent, employee or sub-contractor supplying any of the travel services or arising from its own acts, omissions or negligence, is limited to the amount paid directly to Exodus by you or a Participant, in relation to which any claim by you or any Participant, is made.

11. Force Majeure

11.1. In no event shall Exodus be liable for any failure to perform its obligations or delay in performing its obligations where such failure or delay is due to events beyond its control which prevents the performance of its obligations, including  without limitation, nuclear or environmental catastrophes; natural disasters and extreme weather conditions; war, invasion, or similar hostilities; rebellion, revolution, insurrection; riots or civil unrest; strikes, lockouts and labor action; acts or threats of terrorism; epidemic, pandemic, or spread of disease; Acts of state or governmental restrictions; and loss or prolonged interruption of necessary utilities, communications or computer services (a “Force Majeure Event”).  In any circumstance, in which Exodus is prevented or delayed in the performance of its obligations, it shall not be obliged to return any amount paid by you or any other Participant.

11.2. You acknowledge that Exodus, on behalf of you and all Participants, will forward funds to independent third party travel suppliers, and that once forwarded, these funds may not be recovered and/or refunded. Where a Force Majeure Event has occurred, performance of Exodus’ obligations shall be suspended for the duration of the Force Majeure Event, and Exodus shall perform its obligations only when it is possible to do so.

11.3. In any event, the liability of Exodus arising out of Force Majeure Event shall not exceed amounts paid directly by you and any Participant to Exodus, and Exodus shall not be liable for any consequential or indirect damages or legal costs incurred by you or any Participant.

12. ADVENTURE TRAVEL WARNING

12.1. We operate tours in regions where standards of accommodation, transport, safety, hygiene, medical facilities and other infrastructure are lower than those you and Participants are used to. By making a booking you and other Participants acknowledge and accept the hazards involved in this kind of tour, including injury, disease, loss or damage to property, inconvenience and discomfort. The whole philosophy of this type of travel is one that allows alternatives and a substantial degree of in-trip flexibility. The outline itineraries given for each tour must therefore be taken as an indication of what each group may accomplish, and not as a contractual obligation on our part.

Changes in itinerary may be caused by local political conditions, flight cancellations, mechanical breakdown, weather, border restrictions, sickness, or other unforeseeable circumstances. Pro rata refunds will be given for services not utilized wherever possible. Please note that the timing of air, sea, road or rail departures are estimates only. The timing may be affected by operational difficulties, weather conditions or failure of passengers to check in on time.

12.2. Exodus is not responsible for any additional expenses incurred by you to meet up with the group before the first service stated in the Booking Confirmation begins.

12.3. At the start of certain tours, a local service provider will require signature of an ‘Acceptance of Risk’ form prior to accepting participation on the tour.

13. Medical Care

13.1. In the event medical care is necessary during the tour, it may be hours or days travel by water, porter, animal, or other non-vehicular transportation from any medical facility. The medical facility at which treatment is provided may not have the same standards as hospitals or doctor’s offices in your home country. The medical personnel providing the treatment may not speak fluent English and have the same training as medical personnel in your home country. An emergency evacuation may be unavailable, expensive and delayed at the location, and the medical facilities and attention available may be limited. Decisions are made by our staff based on a variety of perceptions and evaluations of any situation. You and all Participants agree to abide by these decisions.

14. Complaints and Assistance

14.1. If you have a complaint about any of the services included in a tour and/or need assistance whilst away, you must inform our local office or your tour leader and email our Customer Services team using  customerservices@exodustravels.com without undue delay who will endeavor to put things right.

14.2. If your complaint is not resolved locally, please follow up within 28 days of your return home by writing to our Customer Services Department at  customerservices@exodustravels.com, giving your booking reference and all other relevant information. Please keep your letter concise and to the point. If you fail to follow the requirement to report your complaint in country, we will have been deprived of the opportunity to investigate and rectify it and this may affect your rights.

14.3. If you’re in difficulty whilst on tour and ask us to help we will provide appropriate assistance, in particular by providing information on health services, local authorities and consular assistance; and helping you to find alternative arrangements and any necessary phone calls/emails. You must pay any costs we incur, if the difficulty is your fault.

15. Passport, Visa, Health, Travel and Immigration Requirements

15.1. Passport and visa requirements, and other immigration requirements are the responsibility of you and all Participants, and you and they should confirm these with the relevant Embassies and/or Consulates. We do not accept any responsibility if travel is not permitted because of a failure to comply with any passport, visa or immigration requirements, including any required criminal pardons.

15.2. Some trips require special permits, in which case we require passport details for you and any Participant prior to accepting a booking. If a passport is renewed after booking, the old passport must be brought along –  as well as your valid passport – to maintain the validity of the permit.

15.3. It is up to you and any Participant to decide they are healthy enough to participate in a tour. Anyone with any existing medical condition should consult their physician in making this decision.

15.4. You should check travel advisories in relation to your ultimate destination and any location you will be passing through to ensure you are prepared to travel. You can do that on the Canadian government travel website at: https://travel.gc.ca/travelling/advisories

16. Conduct

16.1. We reserve the right to refuse to accept anyone as a customer or continue dealing with them if we, or another person in authority, believe their behavior is disruptive, causes unnecessary inconvenience, is threatening or abusive, causes damage to property, upsetting, annoying, disturbing, discriminatory or puts themselves, any other traveler or our staff or agents at risk or in danger. 

16.2. If you or any Participant commits any illegal act during a tour or in our reasonable opinion or the reasonable opinion of the leader or another person in authority, your behavior is disruptive, threatening or abusive, causes unnecessary inconvenience, impacts others  enjoyment of the tour or is causing or likely to cause damage to property, danger, distress or upset, disturbance or annoyance to others or puts any other person or our staff in any risk or danger, we may terminate the travel arrangements without any liability on our part.

16.3. By confirming your booking, you and all Participants accept that Exodus’ tour leaders have the authority to prevent anyone from participating in any part of a tour should a leader have concerns about (a) ability to safely partake in an activity or (b) physical ability to complete an activity in the required timeframe. In the event the tour leader makes one of these decisions, we will endeavor to make alternative arrangements, but we will not be liable to provide any refund for missed activities, and you or a Participant may be liable for additional costs incurred.

16.4. You undertake and agree to defend and indemnify Exodus and hold Exodus harmless, at your sole expense, from and against all claims, demands, suits, losses, costs, damages, and expenses that Exodus may sustain or incur by reason of:

(a) any breach of these Terms and Conditions by you or by any Participant;

(b) anything stated by you to a Participant that is contrary to any of these Terms and Conditions or the terms and conditions of any travel supplier;

(c) a claim, demand or suit, etc. made by any of the suppliers of travel services for damages caused by you or any Participant;

(d) a claim, demand, suit, etc. made by any Participant; and

(e) a claim by a credit card company or other third party dealt with by Exodus in relation to the booking of travel services for you or a Participant, including any charge back request by a Participant or credit card issuer.

17. Data Protection

17.1. We will use and process your data in accordance with our privacy policy which be found here https://www.exodustravels.com/ca/privacy-policy.

18. Optional Tours, Excursions & Activities

18.1. Any optional tour, excursion or activity undertaken at any location contains a risk of personal injury, loss or damage to the participant and/or personal possessions. The optional tours, excursions or activities are subject to conditions and limitations imposed by the independent third parties and the laws of the country in which they operate. You and Participants assume the entire risk of any and all such injury, loss or damage suffered during or arising out of participation in any optional tour, excursion or activity, however it may be caused and you and Participants release, discharge and indemnify Exodus, its officers, directors, employees, independent contractors, subsidiaries, affiliates and its parent company from any and all liability or claims of any nature arising out of or in relation to any loss, damage, injury or illness whether physical or mental, arising out of or in relation to any optional tour, excursion or activity. Before participating in any optional tour, excursion or activity the signing of a written release, forever releasing, discharging and indemnifying Exodus from any and all claims of any nature arising out of or related to any such optional tour, excursion or activity may be required. Any mention or description of an optional tour, excursion or activity in any Exodus literature is not an endorsement of the optional tour, excursion or activity.

19. Trip Notes

19.1. If we issue Trip Notes for your booking, these Trip Notes and all the information contained therein will be part of your agreement with us. Trip Notes are available from our website and contain up-to- date definitive information about the itinerary and travel arrangements. Should there be a discrepancy between the information in the brochure or website and the Trip Notes, the information in the Trip Notes supersedes that in the brochure or on the website and will be considered the most up-to-date and accurate.

20. Miscellaneous

20.1. Photo use authorization. Exodus may use, reproduce, and/or publish photographs and/or videos that may pertain to you, including your image, likeness, and/or voice without compensation. You understand that this material may be used in brochures, e-mails, and online to promote Exodus and its product offerings and agree to Exodus using it for one or more of these purposes.

20.2. Governing law and jurisdiction. These Terms and Conditions and any dispute, action or legal proceedings whatsoever by you shall be governed, without regard to conflict of law principles, by the laws of Ontario, Canada. You agree that any dispute will be submitted to the exclusive jurisdiction of the Courts of the province in which you were located when you booked your tour with us.  If you booked the tour with us from outside Canada then you agree that any dispute will be submitted to the exclusive jurisdiction of the Courts of the province of Ontario.

20.3. Severability. If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

20.4. Waiver. Any failure from time to time, to enforce or to require the strict keeping and performance of any of these Terms and Conditions shall not constitute a waiver of these Terms and Conditions and shall not affect or impair these Terms and Conditions in any way or the right of Exodus to avail itself of such remedies as it has for the breach or breaches of these Terms and Conditions.