This website is not intended for distribution to, or use by, any person in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or that would subject us or our affiliates, directors, officers or employees to any registration or licensing requirement.
Last Updated: February 20, 2014
Welcome to our website, which is operated by VP Resales, LLC and Vacation Property Resales, Inc (referred to as “Operator, “we,” “us” or “our”). VP Resales, LLC, Vacation Property Resales, Inc and its affiliates also operate several other websites, including www.Buyatimeshare.com, www.Sellatimeshare.com, www.VPResales.com, www.VacationPropertyResales.com and www.Rent-Timeshare-today.com (which, with this website, are referred to collectively as the “Website”).
The Website contains information, statements, tools, articles, features, functionality, software and services (collectively, the “Content”) we believe instrumental in providing Sellers and Buyers with an effective online timeshare marketplace. When we refer to “Sellers,” we mean persons who have purchased an advertisement from us with the intent of selling and/or renting one or more timeshares that they own. When we refer to “Buyers,” we mean persons who wish to purchase and/or rent one or more timeshares. When we refer to “Users,” we mean Sellers, Buyers and any other person who visits the Website for any reason whatsoever.
Your use of this Website for any reason is conditioned upon the following terms and conditions (collectively, the “Agreement”). You agree to be bound by this Agreement when you click to accept the Agreement (when this option is made available) or by actually using the Website or any of the Content. You may not accept the Agreement, and by extension may not use the Website or any of the Content, if you (i) are not of legal age to form a binding contract, or (ii) are barred from using the Website or Content under the laws of the United States, or (iii) are barred from using the Website or Content under the laws of another country in which you are a resident or from which you are accessing the Website or Content.
Please note that we may modify this Agreement from time to time, with or without notice, pursuant to the terms hereof and each modification will become effective once posted. We suggest that you review this Agreement on a regular basis to ensure that you understand your current rights and obligations under this Agreement. We also suggest that you print or save a copy of this Agreement for your records. If you utilize a translation of the English language version of this Agreement, you nonetheless agree that the English language version of the Agreement will govern in the event of any contradiction with the translation.
You cannot opt out of, modify or choose not to be bound by any particular provision of this Agreement and still use the Website. If you do not wish to accept the Agreement, you should discontinue use of the Website and any Content.
WHO WE ARE
We are an internet advertising company. Our goal is to create a marketplace that efficiently serves the needs of both Sellers and Buyers. While we derive our revenue primarily by offering services to Sellers who wish to advertise their timeshares on a “for-sale-by-owner” basis, we specifically tailor our Content to be attractive to Buyers. We also engage in certain practices, such as search engine optimization and “pay-per-click” advertising programs, in order to maximize Buyer traffic at the Website.
We are NOT involved in any transaction between a Seller and a Buyer, even though we may from time to time provide tools that enable the transaction to occur. As a result, we do not warrant or guarantee any part of an actual or potential transaction between a Seller and a Buyer, including the quality, safety or legality of the timeshare advertised, the truth or accuracy of the advertisement, the ability of a Seller to sell or rent a timeshare or the ability of a Buyer to buy or rent a timeshare.
We are NOT a licensed real estate broker. Any inquiries about a timeshare are submitted via email, and the Seller and the Buyer are responsible for negotiating any sale or rental of a timeshare. We do not provide Sellers or Buyers with any brokerage services, including, but not limited to: appraising or providing professional guidance regarding the value of a timeshare; showing timeshares (other than posting advertisements on our Website); screening, qualifying or identifying Buyers or Sellers; forwarding any offers or counteroffers (other than those you automatically receive by email); advising as to offers received; participating in the negotiation of any sale or rental of a timeshare; providing Sellers or Buyers with any form of agreement, or completing an agreement, necessary to effectuate the sale or rental of a timeshare; or performing any actions related to a transfer of a timeshare, including the review of title, the request of estoppel letters, the escrowing of funds, and the acknowledgement of transfer by the timeshare resort’s owners association.
We do NOT use unsolicited telemarketing, direct mail, or e-mail in connection with the offering of our resale advertising services to owners of timeshare interests. As a consequence, we are not obligated to comply with any laws applicable to telemarketers generally.
We are NOT affiliated with any resort or resort developer. We are an independent company that advertises timeshares located throughout the world, irrespective of who developed or manages the timeshare resort.
To understand our practices, please review our PRIVACY NOTICE. The Privacy Notice is incorporated as part of this Agreement and also governs your visit to this Website. You agree that we can use any data provided by you in accordance with the Privacy Notice.
Services Made Available by Operator
When a Seller purchases advertising services from us, we will create an advertisement using Your Ad Content, assign that advertisement an “AD#” and post that advertisement to the Website. Your Ad Content may be modified from time to time so long as the modifications comply with our Content Guidelines. When a Buyer searches our Website, advertisements fitting his/her search criteria will appear in the search results. Generally, advertisements will automatically rotate, with the more recently posted or edited advertisements appearing closer to the top of the search results.
Unless otherwise noted in your Advertising Services Contract, your advertisement will remain posted for one (1) year. Upon expiration of the one-year period, the advertisement will be removed from the Website unless the Seller renews his/her Advertising Services Contract by emailing us at email@example.com. To assist us in processing your request, please include the phrase “Ad Renewal” and your AD# in the header of the email. Advertisements are automatically renewed for a one year term from the date you last logged into your free online account on the Website or from the date of the last approved change to Your Ad Content by customer service, whichever is later. All Renewals have a term of one year, and there is no limit on the number of renewals. Further, there is no charge for any renewal unless additional services (”Enhancements”) are purchased at the time of renewal.
From time to time, we may offer additional services (“Enhancements”). Some Enhancements will allow Your Ad Content to be modified using special fonts, characters and functionality. Other Enhancements will improve the placement of your advertisement on the Website for a specific period of time by, for example, placing an advertisement at the top of a Buyer’s search results or within prominent “featured” areas within the Website. Other Enhancements may be made available from time to time, and we reserve the right to immediately cease offering any particular Enhancement at our discretion. When considering whether to purchase an Enhancement, please make sure you fully understand the conditions, cost and, as applicable, the duration of the Enhancement prior to purchasing.
The pricing for all services made available to Sellers by Operator may vary from time to time based upon a number of variables. Any price paid by a Seller will be set forth in the applicable Advertising Services Contract. We reserve the right to alter pricing at any time, and have no obligation to provide any refunds to any Seller as a result any pricing modification. From time to time, we may offer specials, rebates or discounts; these are available on the terms and conditions set by us at our discretion.
The Website includes certain Content that helps Buyers efficiently identify timeshares that meet their criteria for purchase or rental. We do not currently charge any registration, access, use or other fees with respect to the use of such Content, whether or not the Buyer purchases or rents a timeshare advertised on the Website.
You understand and agree that the services described above do not include any advice or assistance in connection with the sale, purchase or rental of real estate, including but not limited to real estate brokerage services. If you feel that you need such services, you should contact a licensed real estate broker.
OTHER SERVICES OFFERED BY AFFILIATES
The advertising services we offer help Buyers find Sellers. However, concluding any transaction will often require additional steps, such as negotiating prices, completing agreements and filing documents. While we don’t provide these services, the Website contains links to other companies that do (“Affiliates”). If you request our assistance with respect to documentation or brokerage services, we will provide your information to our Affiliates so that they can assist you with your request.
In some cases, these Affiliates are owned, in whole or in part, by the same individuals that own the Operator. However, we do not control the Affiliates. You are not obligated to use the services of any Affiliate that links to the Website or that we may otherwise recommend or suggest.
The fact that we provided a link to a third party website, or that we recommend a particular product, service or Affiliate, does not constitute an endorsement of that website, product, service or Affiliate. Your use of the same is at your own risk. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any Affiliate or the content of their websites. We do not assume any responsibility or liability for the actions, products, or services of any Affiliate
WHAT BUYERS SHOULD BE AWARE OF
While generally bound by the entire Agreement, Buyers should take note of some specific aspects of the Website and Content:
1. Our platform empowers you to make offers and negotiate the purchase or rental of timeshares. In order to take advantage of these benefits, you must register as a “new user” by clicking on “sign up for a free account” and submitting a new user registration form. You agree that any registration information you submit will always be accurate, correct and up to date.
2. While we provide a platform for you to negotiate with Sellers, we cannot ensure that a Seller will always receive your communications. If you have not received a reply to any message sent to a Seller, it could be that the Seller has not checked his/her account or that the email alerting the Seller of your message was intercepted by his/her spam filter.
3. We use the word “timeshare” in its broadest possible sense. Therefore, the timeshares advertised by Sellers on the Website could refer to either deeded real estate or undeeded use rights. In either case, the right to use accommodations could be perpetual or time-limited, and the accommodations may be fixed or assigned to you at check-in. Further, it is possible that use rights are expressed in some form of currency, such as points. See our Frequently Asked Questions to better understand the variables associated with the purchase or rental of timeshares.
4. Although we believe the Content to be generally reliable, we do not independently confirm the accuracy of any information on the Website related to a timeshare advertised by a Seller. As a consequence, we do not represent or warrant that the Content is accurate, current or complete. Buyers are advised to contact the applicable resort regarding the condition and availability of any timeshare prior to completing any transaction with a Seller.
5. We are also not responsible for: (i) the condition of any timeshare advertised on the Website or the compliance with laws, rules or regulations that may be applicable to such timeshare; or (ii) the actions of any Seller, including, but not limited to, the failure of Seller to comply with the terms of any timeshare rental or sale agreement.
6. Advertisements on our Website should not be construed as a recommendation to buy or rent a particular timeshare, or to otherwise engage in any negotiation with a Seller.
7. While we currently do not limit the number of Sellers a Buyer can contact, we reserve the right to set upper limits on the number of communications and negotiations a Buyer can maintain simultaneously. Those limits may apply generally or to specific Buyers, at our sole discretion.
8. The resort manager may condition your use of any timeshare upon additional terms and conditions, irrespective of any agreement you may have with a Seller. These could include, but are not limited to, a requirement that the Buyer present a credit card at check-in or sign a liability waiver prior to engaging in resort activities. Failure to comply with such obligations could result in the cancellation of your accommodation use rights or an inability to use certain resort amenities. Buyers should understand all such conditions prior to effectuating a transaction with a Seller.
Based on the foregoing, every Buyer agrees that the Website and Content are provided for informational purposes only, and that any reliance on any portion of the Content shall be at a Buyer’s sole risk.
WHAT SELLERS SHOULD BE AWARE OF
This Agreement is expressly made part of the Advertising Services Contract each Seller executes with us. As a consequence, receipt of the Services you purchased is contingent upon your compliance with this Agreement, including the following:
1. Our platform empowers you to manage Your Ad Content and respond to offers. In order to take advantage of these benefits, you must register as a “new user” by clicking on “sign up for a free account” and submitting a new user registration form. You agree that any registration information you submit will always be accurate, correct and up to date.
2. The sale/rental of your timeshare will depend on many factors outside of our control, including, but not limited to, market conditions, the attributes of your timeshare (i.e., type, size, location, season), your sale/rental price, and the speed and method by which you respond to offers. The Operator cannot, and does not, make any representation as to if or how soon your timeshare will be rented or sold or as to the amount you will receive as a result of such transaction. For best results, you should check your Website account frequently for offers. If you have not received a reply to any message sent to a Buyer, it could be that the Buyer has not checked his/her account or that the email alerting the Buyer of your message was intercepted by his/her spam filter.
3. Posting an advertisement does not require you to disclose your identity. We strongly suggest that you take appropriate security measures and not include your name, physical address, telephone number or email address in your advertisement. This type of information is better shared once you have completed negotiations and have assurances that the Buyer has a bona fide interest in purchasing/renting your timeshare.
4. In order to make our Services more effective, we engage in various general advertising activities intended to attract Buyers to the Website. However, you agree that we are under no obligation to include any references to your timeshare or Your Ad Content in such advertising.
5. Neither this Agreement nor the Advertising Services Contract results in any change with respect to your ownership of the timeshare advertised. You remain responsible for the payment of maintenance fees/taxes, and you retain the right to use the timeshare, until the timeshare is transferred to a Buyer.
6. You are responsible for any rental or sale of your timeshare. As a consequence, you are responsible for ensuring that you do not engage in any activity that would be considered unfair, improper or unlawful, such as double-booking your timeshare, infringing on the intellectual property rights of others, renting timeshares that are unavailable for your use due to failure to pay maintenance fees, or violating the terms of any agreement (written or oral) with a Buyer.
7. The resort manager may condition your sale or rental of your timeshare upon additional terms and conditions, irrespective of any agreement you may have with a Buyer. These could include, but are not limited to, a requirement that the Buyer be an individual or your payment of a transfer fee. Failure to comply with such obligations could result in your being unable to consummate a transaction with a Buyer. Sellers should contact their resort’s management in order to fully understand all such conditions prior to negotiating a transaction with a Buyer.
8. You agree that you are solely responsible for compliance with any and all laws, rules and regulations that may apply to any sale or rental of your timeshare, and that we assume no responsibility for your compliance.
9. You understand that the rental or sale of your timeshare may result in an obligation to pay sales, use, occupancy or other taxes in one or more jurisdictions, and you agree to ensure that the same are paid by you or the applicable Buyer. You further agree there may be circumstances where we are legally obligated (as we may determine in our sole discretion) to provide information relating to your offer to sell or rent in order to comply with investigations, litigation or administrative proceedings.
WHAT ALL USERS SHOULD BE AWARE OF
While the following describes some specific provisions applicable to all Users, you should review all the terms of this Agreement to ensure that you understand your rights and obligations hereunder.
1. You agree that you will not engage in any activity that interferes with or disrupts the access to or functionality of the Website.
2. You agree to treat our employees respectfully. We will not tolerate, under any circumstances, any behavior that is abusive or offensive to any employee or representative of the Operator.
3. You agree not to access (or attempt to access) any of the Content by any means other than through the Website interface. You specifically agree not to access (or attempt to access) any of the Content through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file referenced in the Content from time to time.
4. You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Content for any purpose.
5. You agree that you are solely responsible for (and that Operator has no responsibility to you or to any third party for) any breach of your obligations under the Agreement and for the consequences (including any loss or damage which Operator may suffer) of any such breach.
6. You agree that Operator may stop (permanently or temporarily) providing the Content (or any features within the Content) to you or to Users generally at Operator’s sole discretion, without prior notice to you.
7. You acknowledge and agree that if Operator disables access to your account, you may be prevented from accessing the Content, your account details or any files or other content which is contained in your account.
8. We have the right, but not the obligation, to monitor the Content at all times, including any chat rooms and forums that may hereinafter become available, to determine your compliance with this Agreement.
9. You agree to use the Website and Content at your own risk. We assume no liability or obligation to take any particular measure to assist Users in avoiding potentially fraudulent or other illegal activity. In the event we do provide warnings or messages to Users about any such activity, we do not warrant that such messages are accurate or that such messages will reach any or all Users they should have reached in a timely manner or at all or that such messages or measures will prevent any harm, result or action.
The Website, including the Content, is owned by the Operator or its licensors, and is protected under the copyright, trademark, data misappropriation, unfair competition, and other intellectual property laws of the United States and other countries as well as by international treaties and conventions.
All content on this site is the property of the Operator or its licensors and protected by United States and international copyright laws. The collective work and/or compilation of all content on the Website are the exclusive property of the Operator and are protected by U.S. and international copyright laws. All software used on this site is the property of the Operator or its software suppliers and protected by United States and international copyright laws.
The Website and the Operator’s graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of the Operator, and these trademarks and trade dress may not be used in connection with any product or service that is not owned or operated by Operator in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Operator. All other trademarks not owned by Operator that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Operator.
License and Website Access
Operator grants you a limited license to access and make personal use of this Website and its Content. This limited license does not permit you to download or modify it, or any portion of it, except with express written consent of Operator. This license does not confer any right to: resell or commercially use the Website or any of its Content; collect and use of any advertisements, descriptions, or prices; derivative use of this Website or any of its Content; download or copy account information for the benefit of another person; or use data mining, robots, or similar data gathering and extraction tools. Neither this Website nor any portion of its Content may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Operator. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Operator without express written consent. You may not use any meta tags or any other "hidden text" utilizing the Operator's name or trademarks without the express written consent of the Operator. Any unauthorized use terminates the permission or license granted by the Operator. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this Website so long as the link does not portray the Operator or its services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of the Operator’s logos or other proprietary graphics or trademarks as part of the link without express written permission.
Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject the offender to civil and/or criminal penalties.
If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, you should provide our Copyright Agent with a written notice that sets forth the infringement details. To be effective, the notice must contain the following information:
1. a description of the copyrighted work that you believe has been infringed;
2. a description of the material that you claim is infringing the copyrighted work and a detailed description of where it is located on the Website;
3. your physical address, telephone number, and email address;
4. a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
5. a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are either the copyright owner or authorized to act on the copyright owner's behalf; and
6. an electronic or physical signature of the copyright owner or the person authorized to act on the copyright owner's behalf.
Please send the notice complying with the foregoing to our Copyright Agent using the following information. If contacting us by email, please include the phrase “Attention – Copyright Agent” in the header of the email.
32 Daniel Webster Hwy #25
Merrimack, NH 03054
Phone: (800) 882-0296
We reserve the right, in appropriate circumstances and at our discretion, to terminate the privileges of any User who repeatedly infringes the copyrights or other intellectual property rights of the Operator or others.
CONTENT PROVIDED BY USERS
Users have various opportunities to provide us with Content. These opportunities may include, but are not limited to, Your Ad Content, resort reviews and testimonials. You retain copyright and any other rights you already hold in any Content which you submit or post on or through the Website. However, upon submitting or posting the Content, you give us a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute that Content. Further, you agree that this license permits us to make such Content available to other companies, organizations or individuals with whom we have relationships.
We reserve the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content you provide for use at the Website. Accordingly, we may revise Your Ad Content, or refuse to approve it for publication on the Website, if it does not comply with our Content Guidelines, violates the intellectual property rights of any third party, or otherwise does not advance our business purposes. If you offer any Content that reviews or comments upon any resort or accommodation, you agree that such Content represents your experience and impressions after having actually stayed at that resort.
Notwithstanding the foregoing, you agree that you are solely responsible for (and that Operator has no responsibility to you or to any third party for) any Content that you provide for use at the Website and for the consequences of your actions (including any loss or damage which we may suffer) by doing so. You further agree that you are responsible for protecting and enforcing any intellectual property rights you may claim with respect to any Content you provide to us.
Photographs should depict the timeshare resort as the main subject of the photograph. By submitting a photograph either electronically or by mail, you represent and warrant that (a) you either hold all intellectual property rights with respect to each submitted photograph or have secured from the copyright holder all rights necessary for the photograph to be used in an online advertisement, (b) any people in the photograph have given permission for their likeness to be displayed in an online advertisement on the Site, (c) the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph, and (d) you will indemnify and hold harmless the Operator from any cause of action arising from any misrepresentation with respect to any and all photographs so submitted. You further agree to provide us with any proof of your compliance with the foregoing that we may request.
All printed photographs submitted by a Seller will be discarded after we have scanned the same into our electronic database. We have no responsibility to return such photographs to you. We will use reasonable efforts to reproduce faithfully any photograph submitted, but we are not responsible for any loss or damage or harm otherwise resulting from any defect in this regard.
PASSWORDS AND ACCOUNT SECURITY
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Content. Accordingly, you agree that you will be solely responsible to Operator for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Operator immediately at firstname.lastname@example.org.
When you visit the Website or send e-mails to us, you are communicating with us electronically. By doing so, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
REFUND REQUESTS AND THE TERMINATION/TRANSFER OF ADVERTISEMENTS
Generally, no refunds are available to Sellers as our costs for performing services are incurred once the advertisement is posted and Enhancements are put into effect. However, as more fully described in the Advertising Services Contract, Sellers may cancel their purchase of one or more of the services prior to the Deadline. Any Seller wishing to cancel a purchase prior to the Deadline can do so by emailing us at email@example.com. For effective processing, please include the phrase “Notice of Cancellation” and your AD# in the header of the email. If canceling by mail, address your notice of cancellation as follows:
Notice of Cancellation
32 Daniel Webster Hwy #25
Merrimack, NH 03054
Nothing in this Agreement or the Advertising Services Contract shall obligate the Operator or any of its subsidiaries or affiliates to refund any fees paid to us if you fail to sell your timeshare within a certain period of time or for a certain minimum price.
Money Back Guarantee
Sellers should check their Advertising Services Contract to verify whether they have the opportunity to participate in our Money Back Guarantee program. A timeshare sale is a “Qualified Sale” if: (a) the sale is accomplished through a real estate broker; and (b) the amount received by Seller in exchange for the timeshare exceeds $200 and 85% of the initial “Sale Price” included in your original Advertising Services Contract In the event of a Qualified Sale, the Seller will receive a full refund for our basic advertising services (but not any Enhancements) within 30 days’ of providing us with: (a) evidence of the sale, including the sale agreement, the recorded deed (if the timeshare is deeded), and proof of payment of a broker’s commission (i.e., a settlement statement); and (b) completed refund documentation approved by us from time to time.
This guarantee does not apply if your timeshare was transferred: (i) for less than $200; (ii) where the consideration received included debt forgiveness or credit toward another timeshare or vacation product; or (iii) in connection with a foreclosure or deed-in-lieu transaction. In addition, the guarantee does not apply to timeshare rentals or agreements whereby we accept payment for services in any form other than U.S. currency. We reserve the right to check our records to see if you and the Buyer negotiated or otherwise communicated through the Website or Content, in which case you may not be eligible for any refund whatsoever.
Any Seller wishing to claim a refund under the guarantee can do so by emailing us at firstname.lastname@example.org. For effective processing, please include the phrase “Money Back Guarantee” and your AD# in the header of the email. If claiming the refund by mail, address your refund request as follows:
Money Back Guarantee
32 Daniel Webster Hwy #25
Merrimack, NH 03054
Termination by Seller
As discussed above, advertisements will generally remain posted for one (1) year, after which they will be removed from the Website unless the Seller renews his/her Advertising Services Contract by emailing us at email@example.com. Advertisements are automatically renewed for a one year term from the date you last logged into your free online account on the Website or from the date of the last approved change to Your Ad Content by customer service, whichever is later. All Renewals have a term of one year, and there is no limit on the number of renewals. Further, there is no charge for any renewal unless additional services (”Enhancements”) are purchased at the time of renewal.
Enhancements will terminate in accordance with their terms, as approved by us from time to time. You should verify the duration of any Enhancement at the time of purchase. In general, an Enhancement will terminate along with your advertisement, if not earlier.
If your timeshare sells or you otherwise wish to remove your advertisement from the Website for any reason, please email us at firstname.lastname@example.org. For effective processing, please include the phrase “Termination” and your AD# in the header of the email.
Termination by Operator
If, in our sole discretion, we determine that Your Ad Content violates our Content Guidelines, or that you have misused the Website or materially violated the terms of this Agreement or your Advertising Services Contract, we may: (i) terminate or suspend your account, which you acknowledge may delete or otherwise limit your access to the Content, your account details or any files or other content which is contained in your account; (ii) terminate or suspend the Advertising Services Contract and remove your advertisement from the Website without advance notice and without any right to a refund of any fees paid to us; or (iii) pursue any and all remedies available to us at law or in equity.
YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OR SUSPENSION OF YOUR ADVERTISEMENT, ACCOUNT OR YOUR ABILITY TO ACCESS THE INFORMATION AVAILABLE THROUGH THE WEBSITE.
Sellers may not assign or transfer any advertisements or Enhancements without our prior written consent. In furtherance of this policy, Your Ad Content may not be altered to advertise a timeshare different from the one you originally advertised with us.
The provisions of this Agreement relating to intellectual property licenses, the disclaimer of warranties, limitations on liability, indemnification obligations, releases, and the resolution of disputes will survive any termination of this Agreement by either party.
DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY
THE WEBSITE AND ALL CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THE OPERATOR AND ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, VENDORS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEBSITE OR THE ACCURACY OR RELIABILITY OF ANY CONTENT PROVIDED THROUGH THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE OPERATOR DOES NOT GUARANTEE THAT THE WEBSITE WILL BE ERROR FREE, AVAILABLE AT ALL TIMES, OR WITHOUT INTERRUPTION.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE OPERATOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE OPERATOR DOES NOT WARRANT THAT THE WEBSITE; THE CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS ARE: (A) FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (B) IMMUNE TO OR FREE FROM THE RISK OF ANY BREACH OF SECURITY. THE OPERATOR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR FROM ANY CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
THE OPERATOR’S LIABILITY, OR THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITE, SERVICES, AND PRODUCTS SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID THE OPERATOR DURING THE ONE-YEAR PERIOD PRIOR TO BRINGING A CLAIM FOR THE SPECIFIC SERVICE OR PRODUCT INVOLVED.
IF ANY JURISDICTION PROHIBITS THE FOREGOING DISCLAIMERS, LIMITATIONS, AND EXCLUSIONS, IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS, LIMITATIONS, AND EXCLUSIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY THE JURISDICTION.
INDEMNIFICATION & RELEASE
You agree to defend, indemnify, and hold harmless the Operator, its affiliates, directors, officers, employees, and agents from and against all claims, damages, and expenses, including reasonable attorney’s fees, arising out of or related to any products or services you purchase in connection with the Website, your use of the Website, or your violation of any third-party right. You are solely responsible for interactions with any other Users of the Website. To the extent permitted by applicable law, you hereby release the Operator from any and all claims or liability related to any product or service available through the Website or any conduct, action, or inaction by the Operator. In connection with the foregoing release, you hereby waive any rights under California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
GOVERNING LAW, DISPUTES AND BINDING ARBITRATION
This Agreement and any dispute of any sort that might arise between you and the Operator shall be governed by and construed in accordance with the laws of the State of Florida, notwithstanding the conflict of laws provisions of any state. Except as otherwise provided herein, You irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state and federal courts in the County of Hillsborough, Florida (the “Florida Courts”) for any litigation or dispute arising out of or relating to this Agreement or your performance or nonperformance hereunder (including but not limited to collection matters).
Most concerns can be resolved quickly and effectively by calling the Operator’s customer service department at (800) 882-0296.
In the unlikely event that customer service is unable to resolve your concern, we each agree to resolve any disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. You agree that, by entering into this Agreement, you and Operator are each waiving the right to a trial by jury or to participate in a class action. For any non-frivolous claims that do not exceed $15,000 in the aggregate, Operator will pay all costs of the arbitration. However, you will remain responsible for your own attorneys fees and costs.
References to "Operator," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services under this or prior Agreements between us. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
Operator and you agree to arbitrate all disputes and claims between us that can’t otherwise be resolved through customer service. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
- claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising);
- claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
- claims that may arise after the termination of this Agreement.
The arbitration shall be held in Hillsborough County, Florida before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, you shall select an arbitrator from a panel of arbitrators acceptable to and chosen by the Operator from AAA’s pool of arbitrators. Except as otherwise provided above, the costs of arbitration shall be paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand and serve such demand on the other party within one (1) year of when the claim or controversy first accrued. Any judgment upon the award rendered by the arbitrator may be entered in the Florida Courts. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.
THE TERMS AND THIS AGREEMENT PROVIDE THAT ALL DISPUTES BETWEEN YOU AND THE OPERATOR WILL BE RESOLVED BY BINDING ARBITRATION. THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. ACCORDINGLY, YOU GIVE UP AND WAIVE YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS OR HAVE YOUR DISPUTE HEARD BY A JURY. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY AN ARBITRATOR AND NOT A JUDGE OR JURY.FURTHER, UNLESS BOTH YOU AND OPERATOR 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. IF THIS SPECIFIC PROVISION IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION SHALL BE NULL AND VOID.
The Agreement (including, with respect to Sellers, the applicable Advertising Services Contract) constitutes the entire agreement between us with respect to your access, use, and receipt of services from the Website and supersedes all prior communications, agreements, negotiations and discussions between you and us relating to the same, whether written or oral. We exclude any representations and warranties previously given or made in relation to the same.
We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement (including the Privacy Notice) with or without prior notice, and such change or modification will be effective upon posting of an updated version of these terms on the Website. Notwithstanding the forgoing, any such changes to the Agreement will not apply to disputes filed before the effective date of the amendment. Further, with respect to any conflict between the modified terms and an effective Advertising Services Contract between Operator and a Seller, the provisions of that Advertising Services Contract will prevail.
You are responsible for regularly reviewing these terms. By using our Services, you agree that the posting of new or revised terms and conditions on the Website will constitute adequate and constructive notice to you of any and all revisions and changes. Continued use of the Services after any such changes or after explicitly accepting the new terms upon logging into the Website shall constitute your consent to such changes. If you do not agree to any modification of this Agreement, you must immediately stop using this Website.
This provision will survive any termination of this Agreement.
If one or more of the provisions herein are held to be invalid or unenforceable for any reason, such holding shall not affect any other provision hereof, and this Agreement shall be construed as if such provision had never been contained herein. This Agreement shall be binding upon and inure to the benefit of each of us and our respective heirs, administrators, legal representatives, successors and assigns. It is our mutual and express intent that the rights and obligations set forth herein apply to us only, with no third-party beneficiary rights intended. Waiver of any term of this Agreement shall not affect any other term or subsequent performance of the waived term
We do not have any obligation to investigate the truthfulness or accuracy of any content provided by you, including Your Ad Content. Nonetheless, we reserve the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content you provide for use at the Website. Accordingly, we may revise Your Ad Content, or refuse to approve it for publication on the Website, if it does not comply with the following Content Guidelines, as determined by us in our sole discretion:
1. All content must be truthful and not misleading.
2. The content must be directly related to its purpose. For example, Your Ad Content must relate to the timeshare advertised and any other information reasonably useful to a Buyer interested in your timeshare; reviews of a timeshare resort must focus on the experience of the person providing the review; and content posted in a forum must be relevant to the purpose of the forum and discussion.
3. The content must not infringe anyone’s rights, violate the law or otherwise be inappropriate. Therefore, we reserve the right to remove or edit: (a) any personal information that can be used to identify or contact any person; (b) content that violates the intellectual property rights of any third party; (c) any promotional content that would promote other websites, businesses, services or products unaffiliated with this Website; (d) any content which disparages the Website, the Content or the Operator or any of its employees; and (e) obscene, abusive, discriminatory or illegal content.
4.Users who post content must have all legal rights to post the content.
Reviews and other similar content submitted by a User are the subjective opinions of the User who posted the content. They do not constitute the opinions of the Operator and are not endorsed by us.