Updated December 1, 2022
READ CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE
By accessing this Website, you agree to hold the Company and its affiliates harmless against any claims for damages arising from any decisions that you make based on such information (see Disclaimer- No Warranties). The following terms apply if applicable to the transaction, if any, that you enter into with the Company.
The Company provides an online service to you and other Users and is not responsible for the content that any of the Users provide. You are responsible for the information that you provide through the Website, and by posting information on the Website, you are representing it to be true.
You agree that the term Buyer applies to you if you use the Website to inquire about buying a timeshare including the right to use such timeshare on a permanent basis OR are inquiring about renting a timeshare or making use of a timeshare for a particular stay.
You agree that the term Seller applies to you if you use the Website to offer a timeshare for sale OR for rent including leasing your right to use the timeshare. You agree that the Company is an “Information Content Provider” under 47 U.S. Code § 230.
“Timeshare” or “timeshare” means the right to stay or use a real property that would be commonly called a hotel or condominium on a periodic basis, whether that right is through a deed, a membership agreement, a lease, or other contractual agreement providing you that right.
NO COOLING OFF PERIOD
You understand and acknowledge that the “Federal Trade Commission’s 3-day “Cooling-Off Rule” regarding cancellations of sales made at homes or at certain other locations does not apply to the transactions conducted through this Website.
DISCLAIMER - NO WARRANTIES
WE AND OUR AFFILIATES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY US OR OUR AFFILIATES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WE AND OUR AFFILIATES DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM US, OUR AFFILIATES OR OWNERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE AND OUR AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
BY USING THE WEBSITE YOU AGREE THAT IN NO EVENT WILL WE OR OUR AFFILIATES, OFFICERS, DIRECTORS, CONSULTANTS, AGENTS AND/OR EMPLOYEES, OR ANY OTHER THIRD PARTY PROVIDER OF A SERVICE OR TOOL OFFERED ON ANY WEBSITE OF A MEMBER OF THE RESORT RENTAL GROUP, BE LIABLE FOR ANY LOST PROFITS OR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF, OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY, OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED WEBSITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITONAL RIGHTS.
If you use this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. The Company does not sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. The Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
User verification on the Internet is difficult and we cannot, and do not assume any responsibility for, the confirmation of each User’s purported identity. We encourage you to communicate any concerns you have through the tools available on the Website, though even this does not assure you of the identity of the person with which you are communicating or researching.
By using the electronic signature feature of this Website, you and all other entities on whose behalf you are acting have chosen to electronically sign all agreements. Your electronic signature shall have the same legal effect as a written signature and by using an electronic signature, you are deemed to have read every record and document before electronically signing the same. If you do not understand any record or document, then you agree to communicate directly with an appropriate representative of the Company concerning your understanding prior to your use, or continued use of an electronic signature. Additionally, you authorize the reproduction of your electronic signature on any form required or requested to facilitate the services association with the Website.
No refunds will be issued to a Consumer after a Consumer makes a reservation through the Company.
PRICING; INSPECTION PRIVILEGE PRICE; PRICE MARGIN
Except where noted otherwise, the price (“Rate”) displayed for products on our Website represents the price advertised and is provided by the Seller. The words “Rent” and/or “Rental” is used to describe the service of the “Inspection Privilege” and not the literal denotation. The Rate is individually authorized by the Seller and may or may not represent the prevailing price in every area on any particular day. Any reference to “Price Margin” made on the Website is used to describe certain services and not accommodations. We cannot confirm the Rate of every item on the Website. Despite our efforts, some of the items in our postings may be mispriced.
RISK OF LOSS
All items purchased from the Website are made between the Buyer and the Seller. This means that the risk of loss and title for such items are between the Buyer and the Seller.
The Company attempts to be as accurate as possible. However, the Company does not warrant that product descriptions or other content of this Website are accurate, complete, reliable, current, or error-free. If a product offered on the Website itself is not as described, the Consumer’s sole remedy is to seek redress with the Seller directly.
PUBLISHED INFORMATION BY THIRD PARTIES
Although the Website may include listings for certain well-known brands in the travel and leisure industry, we do not specifically endorse any parties, other than the Company, that are offering, selling, or renting travel-related products, or providing services advertised on this Website (“Vendor,” or “Vendors”). In addition, we provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. The Company does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. We urge all Users to be responsible about their use of this Website. The Company does not own or manage, nor can we contract for, any property, venue or travel-related product or service listed on the Website.
Once a booking is made, we act solely as an intermediary between you and the Vendor. We transmit the relevant details of your booking to the relevant Vendor(s), and send you a confirmation email. The Company does not (re)sell, rent, or offer any travel-related product or service. Confirmation of details is the sole responsibility of the User. The Company is not responsible for the accuracy of Vendors’ advertisements or listings and information related thereto. We assume no responsibility for the condition of any goods or services advertised. It is the sole responsibility of the Buyer to validate the information given. We expressly disclaim any liability or responsibility for the success of any transaction you have with any User.
Users agree to be responsible for and to abide by all laws, rules, and regulations applicable to the use of the Website. Users further agree to be responsible for the use of any tool, service, or product offered on the Website as well as any transaction entered into on the Website.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
We may provide Users access to post reviews, comments, photos, and other content; send offers and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. The Company reserves the right (but does not assume the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant the Company and sub-licensees the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify the Company for all claims resulting from content you supply. The Company has the right but not the obligation to monitor and edit or remove any activity or content. The Company takes no responsibility and assumes no liability for any content posted by you or any third party.
LIMITATION OF LIABILITY & INDEMNIFICATION
We are an online marketplace and service provider, not a real estate broker, agent, or rental company. We expressly disclaim all liability for any User or Vendor misrepresentations.
RIGHTS AND LICENSES IN THE WEBSITE
Modification or use of any material from this Website or use for any other purpose is a violation of our copyright and other proprietary rights. Use of any such material from this Website, including aggregating information from the Website for distribution on any other website or computer environment is prohibited. Under no circumstances shall We or any affiliated company be liable for any damages, direct, special, incidental, consequential, punitive or exemplary or otherwise, that result from the use of, or the inability to use, the materials in this Website, even if you or your authorized representative has been advised of the possibility of such damages. You, any User, Buyer or Seller, agree that, in addition to all remedies we may have, we have the right to seek a temporary or permanent injunction on an ex parte motion to the court to stop or prevent further violations of this restriction and agree that the court may enter such a decision against you.
License not expressly granted herein are reserved. If the company determines the use of the Website is commercial use, you agree and understand that you will not be entitled to a refund.
Copyrights are held by their respective owners. All the text, graphics, audio, design, software and other works are the copyrighted works of the Company. All Rights Reserved. Any redistribution or reproduction of any materials herein is strictly prohibited.
Timeshare resorts may be referenced on this Website; however, the Company is neither affiliated with, nor the owner of any trademarks or other marketing information used to identify the timeshare property owned by a Seller or Represented Seller. Such marks are only used to assist Users in correctly identifying the property being advertised and such use is solely for the purpose of preventing confusion between the different timeshare properties. Furthermore, Sellers of the Timeshare which are shown on this Website grant the Website permission and the right to act as they would regarding the use of any trademarks in order to correctly identify the Timeshare and limit the use to the words describing the Timeshare and not any symbols or logos for the timeshare or timeshare resort.
All content is protected under the copyright and intellectual property laws of the United States and other countries.
The Company provides a searchable marketplace where you can research and identify timeshares that Sellers have offered. You agree not to take any action towards your travel plans until you have received confirmation that you are the owner, or have a confirmed right to use the timeshare; however, in any case you agree that the Seller is responsible for such confirmation and you will hold the Company harmless for any loss, you may suffer as a result of your inability to use a timeshare advertised by a Seller on the Website.
We do not recommend, endorse or guarantee any timeshare presented on the Website. We assume no responsibility, and are not liable, for the condition of any timeshare presented on the Website.
We do not verify or investigate any timeshare, and we make no guarantee, explicit or implied, as to whether the description of a timeshare presented is correct and accurate. The descriptions and text presented on the Website regarding any property is presented “as is,” as an advertisement submitted to us by the Seller. You agree that the Sellers are solely responsible for the accuracy of the description of their timeshare.
TRAVEL INTERRUPTIONS and RISKS
Although most travel is completed without a serious incident, travel to some destinations may involve more risk than others. We urge travelers to research the location they wish to visit and to review travel prohibitions, warnings, announcements, and advisories issued by the United States Government prior to booking. Information may be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac, and www.customs.gov.
BY ADVERTISING AND/OR FACILITATING TRAVEL SERVICES TO PARTICULAR INTERNATIONAL DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK. WE ARE NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
TO THE EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES ACCEPT NO RESPONSIBILITIES FOR ANY DAMAGE AND/OR DELAY DUE TO OWNER CANCELLATIONS, QUARANTINE, GOVERNMENT RESTRAINTS, WEATHER, TERRORISM OR CAUSES BEYOND OUR CONTROL. NO RESPONSIIBLITY IS ACCEPTED FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING, OR ACTS OF ANY GOVERNMENTAL AUTHORITY. WE SHALL NOT BE RESPONSIBLE FOR ANY OWNER’S BREACH OF ANY WARRANTY, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE (INCLUDING ANY LIABILITY IN TORT), AS TO ANY PRODUCTS AND/OR SERVICES AVAILABLE THROUGH THIS WEBSITE. WE SHALL NOT BE RESPONSIBLE FOR ANY OWNER FAILURE TO COMPLY WITH THIS AGREEMENT NOR FOR ANY FAILURE TO COMPLY WITH APPLICABLE FEDERAL, STATE, LOCAL, OR PROVINCIAL LAW.
You agree that we may provide the Seller and/or their assigns/agents if a FSBO Seller and/or Timeshare Broker Services and/or their agents if a Represented Seller with the contact information that you provide to us in order for them to contact you and discuss the proposed transaction, negotiate terms, enter into a contract, etc. If you contact a buyer directly, you agree that we are not responsible to qualify potential buyers in any way and that we are not responsible to assist the transaction, nor for any outcome or loss from a proposed transaction. You are providing your contact information with the express permission and intent that we share that information with the Seller and/or Timeshare Broker Services applicable to the timeshares in which you inquire or express interest.
ALL SELLERS – GENERAL TERMS
NO SPECIFIC BUYER IDENTIFIED
Although your timeshare(s) will be exposed to potential buyers as a result of using our Website, the Company has not identified a specific buyer at the present time.
SELLER ELIGIBILITY; ACCURACY OF INFORMATION; REPRESENTATIONS
Any person posting an advertisement on the Website agrees that their advertisement may remain on our Website pursuant to the terms of their subscription. The Company will rely on information from you with regard to the status of any advertised product. Any advertisement may be cancelled by you because of a sale (which you must report); by us by removing your advertisement; or because you choose to cancel your advertisement. The Company cannot and does not guarantee that any property or other product advertised will be sold in any specific timeframe. If your access to advertising on the Company is derived from an affiliated organization this opportunity to advertise as part of your subscription is ancillary to your primary benefits provided by us and our partner providers.
The terms of any transaction and the time it takes to consummate a transaction are outside our control and based upon market conditions, price, quality, week, unit, resort, location, and other factors. With your subscription, the Company will allow you to advertise your property with the information you provide subject to any restriction on appropriate content within the Terms herein. All Sellers are responsible to review any and all advertisements they post with the Company to be sure that the information is accurate and to contact us if any changes need to be made. The Company assures Users all effort will be taken to create a professional and accurate advertisement, but assumes no liability for misprints, omissions, etc. Any and all changes, deletions or additions should be submitted to us in writing as soon as revisions are deemed necessary. Revisions to client advertisements can be made to any part of the description specific to your property at no charge during the time span in which the advertisement appears on the Website.
The Company is providing marketing assistance to Sellers in the advertising of their vacation property. If the Company represents that it has identified a Buyer who is interested in purchasing your property interest, then the Company must provide you with the name, address, and telephone number of such represented interested resale purchaser or the legally designated agent or assign.
You are not obligated to pay the Company any money unless you sign the Agreement (which signature must be executed electronically).
IMPORTANT: Before signing this contract, you should carefully review your original timeshare purchase contract and other project documents to determine whether the developer has reserved the right of first refusal or other option to purchase your property interest or to determine whether there are any restrictions or special conditions applicable to the resale or use of your timeshare interest. If you require legal advice, please contact an experienced timeshare lawyer to assist you.
TERMS OF ADVERTISING
The Company reserves the right, in its sole discretion, to refuse, deny, or cancel an advertisement. The maintenance fees on the property being advertised must be paid in full. The property advertised cannot be utilized or assigned to any third party. You must not deposit or commit the property to a third party. Any expenses or losses incurred to a Buyer or the Company, denied access to the property as a result of any double booking with a third party, will be your responsibility. A number of resorts will reserve the weeks on the property owner’s behalf. Please check with the resort if unsure of the resort booking procedure. The Company will accept a Seller’s property no less than three (3) weeks prior to the or check-in date of the property.
You agree that prior to the check-in day of the property, the Company may, at its sole discretion, adjust the Rate based on market conditions which include but are not limited to season, weather, supply, demand, quality and/or size of accommodations.
You agree to allow the Company to rent your Property. You also represent that the Property Profile included in the Agreement is true, complete, and accurate regarding the Property. You represent, warrant, and covenant that you possess good, full, valid, and marketable right, title, and interest to the Property for the Use Period stated in the Agreement and that no other agreement has or will be entered into that would interfere with the Buyer’s use of the Property during the Use Period. You represent that you are fully up-to-date in fees, such as maintenance and taxes, owed on the Property and are not in default under the purchase contract or membership agreement with the respective resort or timeshare plan. You agree to hold the property interest open exclusively for the Company. You agree to respond within forty-eight (48) hours to communications from the Company. You will be responsible for paying any charges in excess of the Rate and shall not charge or invoice the Company for such incidental charges.
Except as expressly provided in this Agreement, neither Seller nor any Company affiliate shall disclose the terms or conditions of the Agreement other than its existence and duration, nor any matters relating to the course of dealings between the parties, to any third party. Notwithstanding the foregoing, a party may disclose Confidential Information in response to the order, requirement or request of a court administrative agency, or other governmental body, provided that the party shall use commercially responsible efforts to provide prompt notice of the latter event to the disclosing party to enable the disclosing party to seek a protective or otherwise prevent or restrict such disclosure.
LIMITATION OF LIABILITY
Except for damages arising from Seller’s breach of these Terms, in no event will either party, or any affiliate of the Company be liable to the other for any punitive, incidental, or consequential damages in any action arising from or related to the Terms or the Agreement, whether based in contract, tort (including negligence), intentional conduct, or otherwise, including without limitation, damages relating to the loss of profits, income, or goodwill, regardless of whether such party has been advised of the possibility of such damages. To the extent that the applicable law does not allow the limitation of liability or incidental or consequential damages, the above limitation may not apply.
ASSIGNMENT; COMPLIANCE WITH LAWS; ENTIRE AGREEMENT
These Terms shall inure to the benefit of, and be binding upon Seller and the Company (including the Company’s successor and assigns). The Company may assign its obligations to any person or entity, including any affiliate. Each party agrees to comply with all laws applicable to these Terms. These Terms and the Agreement constitutes the entire understanding of the parties and supersedes all prior discussion, negotiations, agreement and understanding, whether oral or written, with respect to the subject matter. Any agreement entered into between the parties may be amended only by written instrument signed by both parties.
Each party to this Agreement agrees to indemnify and hold harmless the other party to this Agreement from any and all losses, liability, damages, costs, claims, demands, actions, or suits, including reasonable attorneys’ fees and court costs in connection with a claim by a third party, which arises directly or indirectly of (i) any breach of this Agreement by the indemnifying party; (ii) any act, error or commission of the indemnifying party in connection with its performance hereunder, and/or (iii) with respect to Seller, (a) any claim that Seller infringed upon third party intellectual property, privacy, or other proprietary rights, (b) Seller’s provision of inaccurate information applicable to the Rates, or (c) any claim brought by any third party or Buyer as a result of the operation of, action or event occurring at or on, a Property. The indemnified party agrees to promptly notify the indemnifying party in writing of any indemnifiable claim, tender to the indemnifying party the right to defend against such claim, and cooperate and assist the indemnifying party at the indemnifying party’s cost and expense.
RELATIONSHIP OF PARTIES
Nothing in this Agreement shall be construed to create a partnership or joint venture between the parties or to authorize a party to act as the agent for the other party or to permit a party to undertake or bind the other party to any contract or undertaking.
SURVIVAL OF PROVISIONS
All obligations of each party that have accrued prior to a termination of this Agreement or that are of a continuing nature shall survive termination of this Agreement. A Seller shall honor any reservation made through the Website prior to the effective date of any termination of this Agreement. Upon termination of this Agreement and the written request of either party, each party shall deliver to the other party all of such other party’s Confidential Information that such party may have in its possession or control.
We reserve the right to refuse hypertext links to, or addresses of, other websites from Sellers’ pages, and to remove links or web addresses without notice at our sole discretion. Further, we reserve the right to charge for hypertext links at any time.
SUBSTITUTION OF PROPERTIES; ADVERTISING MORE THAN ONE PROPERTY
Each advertisement must relate to an individual and uniquely identified property, unless you otherwise purchased a Subscription package that expressly allows for substitution of properties. This means that:
(i) The property in an advertisement may not be substituted for another property without our consent. We may approve a request if the property that was listed was sold or the contract with the owner was cancelled and the Seller provides sufficient proof thereof and completes any additional request forms we may request. The term of the subscription for any substituted property shall be the same as the term of the originally advertised property (i.e., the term will not be extended past the original term).
If a Seller submits changes to an existing advertisement that, if approved, would substantially alter the advertisement to make it that of another property, then we have the right to terminate the advertisement and may choose, in our sole discretion, to retain any fees associated with the term of the previously existing advertisement as compensation for the violation of this condition.
(ii) The advertisement specifically cannot be a mere example of properties in a given area. Only one property can appear on each advertisement, unless it is a property with multiple units on the same Website and additional advertising units are purchased. We reserve the right to amend the copy or remove any advertisement when more than one property is described in such advertisement, and may choose, in our sole discretion to retain any fees associated with the initial term of such non-conforming listing as compensation for the violation of this condition.
UNAUTHORIZED PAYMENT METHODS; SUBSCRIPTION PAYMENTS
We are not a party to any payment transaction between Sellers and Buyers. No Seller may request any Buyer to mail cash, or utilize any instant-cash wire transfer service such as PayPal, Western Union or MoneyGram in payment for all or part of a transaction. Any violation of this term or any other unacceptable payment methods that may be posted on the Website may result in the immediate removal of the non-conforming advertisement from the Website without notice to the Seller and without refund. From time to time, we may become aware of Users attempting to conduct a transaction that would involve an unauthorized payment method or a fraudulent payment method. Ideally, we hope to be able to assist Users in avoiding such transactions, but we assume no liability or responsibility to do so or to inform users of any such actual or suspected activity. To the extent we accept funds and remit them, the Subscriber agrees to be responsible for additional service fees commensurate with the costs of accepting said funds, including credit card processing fees and/or bank fees.
Payment for subscriptions must be made to us in U.S. Dollars paid either by major credit or debit card, or when automation is available, an ACH check drawn on a U.S. bank.
SUBSCRIPTION TERM, REFUND REQUESTS, AND TERMINATION OR TRANSFER OF ADVERTISEMENTS
The Company reserves the right to charge a subscription fee to any Seller. No subscription fee shall be due from Seller the first year the Seller submits a vacation property from an affiliated site if the subscription expressly includes access to the Company.
Generally, no refunds are available unless a Seller qualifies for a refund under any guarantee program we may have in effect. If you believe you qualify for a refund under a guarantee we are offering, you may contact customer support and include your customer number and reason for dissatisfaction. We will then determine, in accordance with the applicable guarantee program, whether any refund is due.
Refund Requests for Advertisement Not Completed
In the event you purchase a subscription for an advertisement but do not complete the creation of the advertisement or the advertisement does not get posted after purchase for any other reason, refund requests will be considered only during the first three (3) days following the purchase date. If within such three (3) day period you do not complete the creation of your advertisement as we may require to display such advertisement on the Website (i) you shall not be entitled to any refund and (ii) your subscription will expire no more than 12 months from the purchase date of the subscription regardless of the advertisement posting date.
If you renew your subscription, or if your subscription automatically renews under its terms of your subscription, your advertisement will remain online for the entire subscription period without refund. If you sell your property and no longer wish for the advertisement to remain online, please contact us and we can remove the advertisement; however, no refund will be owed.
An Agreement may be terminated immediately and without notice (i) if the other party materially defaults in the performance of any of its material obligations under these Terms and/or the underlying Agreement and does not cure the default within thirty (30) days after receipt of notice in writing from the non-defaulting party or thirty (30) days prior to the Arrival Date, whichever occurs first; (ii) if the other party commences insolvency, receivership, or bankruptcy proceeding or any other proceedings for the settlement of its debts, which are not dismissed or otherwise resolved in its favor within 60 days thereafter; (iii) if the other party makes a general assignment for the benefit of creditors; or (iv) if the other party dissolves or ceases to conduct business in the ordinary course.
Our Right to Terminate an Advertisement
If, in our sole discretion, any Seller submits unsuitable material to our Website or into our database, misuses the Website or our online system or is in material breach of these Terms, we reserve the right to terminate such Seller’s subscription(s) immediately without refund. In addition, if we become aware of or receive a complaint or a series of complaints from any User or other third party regarding a Seller’s advertisement or practices that, in our sole discretion, warrants the immediate removal of such Seller’s advertisement from the Website (for example, and without limitation, if a Seller double-books a property for multiple guests or itself on the same date, or engages in any practice that, in our sole discretion, would be considered unfair or improper within the vacation industry, or if we receive a complaint that any advertisement’s content infringes on the rights of a third party), then we may immediately terminate such Seller’s subscription(s) without notice to the Seller and without refund. We assume no duty to investigate complaints. Finally, if any Seller is abusive or offensive to any employee or representative of the Company, we reserve the right to terminate such Seller’s subscription(s) immediately without refund. Finally, if any Seller is in breach of these Terms or its obligations to us then we may terminate such Seller’s subscription(s) immediately without notice to the Seller and without refund.
Transfer of Advertisement
No advertisement may be transferred to another party. In the event of a property sale, the Company will provide guidance to both parties regarding options for creating a new advertisement.
LIMITATIONS ON COMMUNICATION
You agree that, with respect to other Users’ personal information that you obtain directly or indirectly from or through the Website or through any Website-related communication, transaction or software, we have granted to you a license to use such information only for: (a) Website-related communications that are not unsolicited commercial messages, (b) using services offered through the Website, and (c) inquiring about or otherwise facilitating a financial transaction between you and the other User related to the purpose of the Website (such as inquiring about or booking an online booking or charging a personal credit card). Any other purpose will require express permission from the User. You may not use any such information for any unlawful purpose or with any unlawful intent.
In all cases, you must give Users an opportunity to remove themselves from your address book or database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this provision, may you disclose personal information about another User to any third party without both our consent and the consent of the other User. You agree that other Users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect other Users’ personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorized transfer of such information.
We do not tolerate spam or unsolicited commercial electronic communications of any kind. Therefore, without limiting the foregoing, you are not licensed to add a Website User, even a User with whom you have prior dealings, to your mailing list (email or physical mail) without the User’s express consent. You may not use any tool or service on the Website to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate these Terms. You are responsible for all content you provide to the Website or through any tool or service provided on the Website.
No Specific Buyer Identified
Although your timeshare(s) will be exposed to potential buyers as a result of using our Website, The Company has not identified a specific buyer at the present time.
Under some state law, including Florida, language exists that we believe does not apply to us but, in an abundance of caution, we choose to voluntarily provide the requested disclosures, but do not guarantee that we will provide such disclosures in the future. Although we provide advertisements on our Website with your subscription, the Company may be deemed to operate within the timeshare resale marketplace. Through various advertising partnerships, the Website provides its Users with, among other things, a web-based network for timeshare buyers, sellers, and users. The Company does not itself engage in real estate broker or transfer services on your behalf or anyone else. Inquiries and communications are between the Seller and the inquiring party directly. The Company does not negotiate on behalf of Sellers or Buyers. The Company can refer you to a licensed real estate broker or attorney to provide whatever real estate brokerage or legal services are necessary upon request. You authorize all inquiries/communications regarding a particular property to be submitted to an affiliated or unaffiliated licensed real estate brokerage/agent (“Professional”) by the Company and that Professional may contact the User, the inquiring party, and/or any third party and attempt to consummate a transaction. The Company and broker/agent shall not be liable if an inquiry is not forwarded or does not result in sale/use or results in sale or use of a different property. Users and inquirers are encouraged to reply timely to communication in order to reduce risk of a lost transaction. The terms of any agreement between a real estate broker/agent and you are not endorsed or recommended by the Company. Additional fees beyond the Company subscription may apply such as transaction fees, broker commissions, and/or closing costs charged to either the buyer and/or seller based upon the terms of a purchase and sale contract. Market conditions fluctuate and influence every transaction. The Company does not guarantee that a property can be used or sold at any particular price or within any particular period of time. Due to privacy concerns, direct contact information for Buyers or Sellers is not available on the Website.
If you or your timeshare are subject to Florida Law, we provide the following disclosures pursuant to Florida Statute §721.205, THEREFORE you, the User, agree and understand that:
(i) Upon the sale of a timeshare, additional cost to third parties over which we have no control may be due including resort transfer fees, title fees and costs, government recording fees and taxes. §721.205 (1)(a)1 and 2, F.S.
(ii) We recommend Users utilize a licensed title agency to administer the closing of a timeshare to avoid falling victim to fraud or excessive demands by a third party.
(iii) The owner of the timeshare remains obligated for all fees and costs associated with the timeshare payable to any owner association, finance company or other provider with whom the owner has contracted. §721.205(1)(a)1 and 2, F.S.
(iv) Neither we, the Website, nor our agents have stated or implied, directly or indirectly, that we will provide direct sales or resale brokerage services other than the advertising of the Timeshare Ownership(s) for sale or rent by User. §721.205(2)(a), F.S. (except as identified below if you select Assisted Listing services).
(v) Neither we, the Website, nor our agents have stated or implied, directly or indirectly, that we have already identified a person interested in buying or renting the timeshare resale interest. §721.205(2)(b), F.S.
(vi) All information regarding results from using our services are documented on the Website; therefore, neither we, the Website, nor our agents have stated or implied, directly or indirectly, that sales or rentals have been achieved or generated as a result of its advertising services without providing documentation substantiating the statement. §721.205(2)(c), F.S.
(vii) Neither we, the Website, nor our agents have stated or implied, directly or indirectly, that a timeshare has a specific resale value. §721.205(2)(d), F.S.
(viii) We have not charged your credit card or received any compensation for resale advertising services prior to your agreeing to a written Agreement, which can be signified with an electronic signature including the digital recording of your verbal approval. §721.205(2)(e) and (f), F.S.
If you are subject to the law of another jurisdiction, we make the following disclosures. THEREFORE you, the User, agree and understand that:
(i) Your resort, and in some cases governmental agencies, will charge fees in order to document the sale of your timeshare; we have no control over these fees.
(ii) You should utilize a licensed title agency to administer the closing of a timeshare to avoid falling victim to fraud or excessive demands by a third party.
(iii) You need to keep paying maintenance fees, mortgages, and other obligations related to your timeshare.
(iv) We do not have a current buyer and have not identified a person interested in buying or renting your timeshare.
(v) We do not provide appraisals or otherwise specify that your timeshare has a specific resale value.
(vi) We will only charge your credit card after you have approved us to do so in writing, including the digital recording of your verbal approval using an electronic signature on the Website.
You understand that the term “written Agreement” includes agreements signed by electronic signature and recorded verbal electronic signatures (“VES”) that meet the electronic signature laws in Florida, other states, and Federal Law.
The Company utilizes various advertising techniques, media and internet optimizations to attract buyers/renters to the Website or invite them to contact us directly for information. We do not specifically advertise your Timeshare at any timeshare resort or make visits to any timeshare resort as part of our services. Your Timeshare is presented through the Website only.
SELLERS – FOR SALE BY OWNER (“FSBO SELLER”)
The Company will forward all inquiries about your Timeshare directly to you, and you then negotiate the sale/rental of your Timeshare without further involvement of The Company.
You agree that you have read and understand the different options available to you as a FSBO Seller at the time that you purchased your subscription to the services provided by the Company. We agree to provide the level of benefits that are applicable to the services that you purchase.
Our staff will assist potential Buyers in using the Website but are not your agents and will not steer or direct potential Buyers to a specific Seller’s timeshare.
You, as a FSBO Seller, understand that you are solely responsible for contacting potential Buyers, negotiating with them, and entering into a contract without any involvement of the Company. We recommend that you use a licensed bonded title company to perform the closing of any contract and urge you to call us for a recommendation. Furthermore, you understand that most Buyers make inquiries on multiple timeshares and that we forward all inquiries to every Seller, and that it is your responsibility to respond in a timely manner, and that we have no control over which timeshare or from which Seller a Buyer chooses. Repeated failure to respond to Buyer inquiries may result in the FSBO advertisement being made inactive at the sole discretion of the Company.
SELLERS – ASSISTED LISTING (“REPRESENTED SELLER”)
If you choose to use our Assisted Listing services, you understand that we are providing the services to advertise your timeshare only, and that you as a Represented Seller will enter into an agreement at the times that you purchase services with a Vacation Ownership Brokerage, LLC or Vacation Ownership Brokerage of New Hampshire, LLC, as applicable, both of whom do business as “Timeshare Broker Services” and that those services are of a transactional broker unless other described in the purchase and/or representation agreement signed by you and them.
We will forward all inquiries about your timeshare to Timeshare Broker Services to be handled by them. They will assist you to negotiate the sale/rental of your Timeshare without further involvement of the Company. You give us permission and have the specific intent when providing us contact information for us to provide that information to Timeshare Broker Services in order to contact you. The term “Broker” on this Website may be used to describe the services offered by a licensed real estate professional under the direction of a licensed broker and not those directly handled by a broker.
We recommend that you use a licensed bonded title company to perform the closing of any contract and urge you to call us for a recommendation. Furthermore, you understand that most Buyers make inquiries on multiple timeshares and that we forward all your inquiries to Timeshare Broker Services; however, we have no control over which timeshare or from which Seller a Buyer chooses.
You agree to pay the Inspection Price listed in the Traveler Agreement and that is the cost of the right that Owner is granting you to utilize the Stay which is made available to you and others to advertise the Timeshare. Should you desire to purchase a Timeshare property at the Resort following the use of the Stay, you will be credited the entire Inspection Price toward any future purchase price. However, you are under no obligation to purchase any Timeshare property, and unless otherwise stated in the advertisement, under no obligation to take any tour or listen to any solicitation. Additionally, although the Owner must give you a credit for the Inspection Privilege Price towards the sales price, the Owner is under no obligation to sell the Timeshare property. It is not expected that there will be sales taxes, resort fees, or hotel taxes due on the Stay unless otherwise indicated in your paperwork, but if a government entity determines that such taxes are due, you, the Traveler, and the Owner are jointly and severally liable for such taxes and you indemnify us from any liability related thereto.
You agree that once the Stay is reserved by the Owner, there are no refunds or changes. If possible, we may assist in contacting the Owner to make changes; however, we cannot and do not promise that such changes to the Stay will be accepted by the Resort or that the Owner will cooperate in making such changes. Regardless of how much notice you have given for a proposed change, you understand that no such changes are guaranteed and that you are still responsible for the trial use fees even if life events, Acts of God, or the Resort actions occur that make it impossible for you to use the Stay. Travel insurance is available from third parties to assist with some unforeseen events and we encourage all Travelers to consider purchasing the appropriate travel insurance.
You understand that the Resort may have additional fees for services, not included as part of the Stay Inspection Price, which are charged by the Resort to all those who utilize a Timeshare at that Resort or those that utilize particular services whether they are Owners or not (“Daily Fees”). Daily Fees vary at different timeshare resorts and can include, without limiting the types of fees applicable to your Stay, wifi access fees, local phone call fees, towel exchange fees, activity fees, extra cleaning fees (beyond the standard cleaning done by the Resort for all guests), transportation fees, amenity fees (beyond the standard amenities included for all guests), etc.
Additionally, the Owner or Resort in some cases may have the legal right to change or cancel a reservation for the Stay or in otherwise interrupt or disrupt the enjoyment of the Resort during your Stay (“Owner Interruption”). You agree that we are not responsible for an Owner Interruption and that although we will do what we can to return the Inspection Price to you we are not required or obligated to do so. You understand that the claim for refund that you and Stay Guests have for an Owner Interruption is against the Owner of the Timeshare property or the Resort.
OWNER – INSPECTION USE
You have agreed to make a reservation for the person identified in the Owner Agreement (“Traveler”) so that the Traveler and others accompanying them OR third parties designated in writing by the Traveler (“Stay Guests”) and list them with the Resort as a “Guest”, “Guest Reservation”, or similar term used by that Resort to mean those using the Stay. The Traveler has agreed to be responsible for their actions and the actions of Stay Guests, including compliance with all the rules applicable to any persons staying at the Resort. Traveler has agreed to reimburse you for any damage caused at the Resort during the Stay for which the Resort holds you responsible. You understand and agree that we are not responsible for such damages.
You represent and state that you are the owner of a Timeshare Property at the Resort identified in the Owner Agreement and that you have the right to reserve a Stay at the Resort for the Stay either as owner, a representative of owner, an officer with authority to bind a business entity, etc. After you have made a reservation the Traveler and/or Stay Guests, you agree that you will provide this information (“Confirmation”) to us and to the Traveler at our request. You are responsible to verify the information provided in the Owner Agreement and verify that the size of the unit, the dates for the Stay, and all other information are accurately reflected in the Confirmation and also reflect the description of the Timeshare property for which you are Owner. We may hold any monies due to you under the Owner Agreement until the Confirmation is received and verified by us and/or the Traveler.
You agree that you will not interfere in any way with the Stay for any reason. You understand that by making the reservation you will not be able to deposit the Stay with any resort or third party exchange program nor to have access to the right to use that is used for the Stay and will not commit the Timeshare property to any third party for which you have received Confirmation.
Should you or the Resort interfere with the Stay for any reason including any disruption of the enjoyment of the resort by the Traveler and/or Stay Guests during the Stay (“Owner Interruption”), you agree to pay liquidated damages to the Traveler and/or Stay Guests damages in the amount of the cost of alternate accommodations made by the Traveler during the time covered by the Stay and all costs associated with changing accommodations. If we may make substitute accommodations for the Traveler, you agree to reimburse us rather than the Traveler for those accommodations. Furthermore, you agree to indemnify and hold us harmless from any claim the Traveler and/or Stay Guests make against us for an Owner Interruption.
IMPORTANT: Before signing the Owner Agreement, you should carefully review your original timeshare purchase contract and other documents to determine what reservations you can make for the Traveler and if there are any restrictions or special conditions applicable to the use by third parties of your Timeshare property. If you decide to sell your Timeshare property, you also need to review them to determine whether the developer has reserved a first right of refusal (“ROFR”) or other option to purchase your interest or to determine whether there are any restrictions or special conditions applicable to resales. If you require legal advice, please contact an experienced timeshare lawyer to assist you. Nothing in this Agreement shall be construed to create a partnership or joint venture between you and us or to authorize you to act as the agent for us or to permit you to undertake or bind us to any contract or undertaking. Since the Traveler is visiting for an Inspection Privilege, it is not expected that there will be sales taxes, resort fees, or hotel taxes due on the Stay unless otherwise indicated in your paperwork, but if a government entity determines that such taxes are due, you, the Owner, and the Traveler are jointly and severally liable for such taxes and you indemnify us from any liability related thereto.
All content included on this Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company or its content owners as described under the Copyright Notice contained herein, and is protected by United States and international copyright laws. The compilation of all content on this Website is the exclusive property of the Company and protected by U.S. and international copyright laws. All software used on this Website is the property of the Company or its software owners and protected by United States and international copyright laws.
The Company respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
Company identifiers on the Website, including graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks, or trade dress of the Company in the U.S. and/or other countries. The Company’s trademarks and trade dress may not be used in connection with any product or service that is not the Company’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits the Company. All other trademarks not owned by the Company that appear on this Website are the property of their respective Owners, who may or may not be affiliated with, connected to, or sponsored by the Company.
One or more patents owned by the Company and/or its affiliated companies may apply to this Website and to the features and services accessible via the Website. Portions of this Website operate under license of one or more patents.
LICENSE AND WEBSITE ACCESS
The Company grants you a limited license to access and make personal use of this Website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Company. This license does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. 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 Company without express written consent. You may not use any meta tags or any other “hidden text” utilizing the Company’s name or trademarks without the express written consent of the Company. Any unauthorized use terminates the permission or license granted by the Company and the Company may prevent access to the Website by you. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of The Website so long as the link does not portray the Company, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Company logo or other proprietary graphic or trademark as part of the link without the Company’s express written permission.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Company’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying the Company that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Website, including the ID number, if applicable;
- Your address, telephone number, and e-mail address;
- A 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;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The Company’s Copyright Agent for notice of claims of copyright infringement on its Website can be reached as follows:
Timeshare Broker Services Legal Department
8545 Commodity Circle, Suite 130
Orlando, FL 32819
e-mail: [email protected]
AUTHORIZATION GRANTED TO THE COMPANY
By submitting any communication to this Website you are fully and irrevocably authorizing this Website and any of its affiliated entities to publish or use the communication in whole or in part in any manner, to publish through any medium and through any media type known or hereafter devised, and to communicate with you via your email provided.
Further, you represent that you own or have the necessary rights without the required authorization from, or payment to, any other person or entity to own, and convey the information contained in the communication. You acknowledge that you will not be compensated or provided other consideration for any use of the communication, and you acknowledge that you have no expectation to be compensated or provided any compensation for any use of the communication.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
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Information We Collect
We collect personally identifiable information (“Personal Data”) about you that you specifically and voluntarily provide to us while using the Website. Personal Data includes information that can identify you as a specific individual, such as your name, address, phone number, credit card number or e-mail address.
Protecting Your Personal Data
To prevent unauthorized access, maintain data accuracy, and ensure correct use of information, we employ reasonable and current Internet security methods and technologies.
How We Use the Information We Collect
We use the Personal Data we collect to provide you with the products and services you purchase or offer to purchase from our Website, and to build features that will make the services available on the Website easier to use. This includes faster purchase requests, better customer support and timely notice of our services and special offers. From time to time, we may contact you to request feedback on your experience using the Website, to assist us in improving the Website, or to offer special savings or promotions to you, as a Website User. If you would prefer not to receive notices of special savings or promotions, you may simply opt-out from receiving those by replying to the hyperlink provided in these notices. At its sole discretion, the Company may use your feedback regarding its services in marketing materials and may attribute them to you without revealing your full name or contact information.
Sharing Your Personal Data
Services: Many of the services we provide you require that we share or sell information with buyers/sellers/agents/brokers/etc.—you agree that we may share or sell this information in order to provide the services promised to you with these persons and to affiliates and subsidiaries of the Company as needed to perform the services.
Agents: Many of the operations we perform require us to hire other companies to help us with these tasks. For example, the Company hires other companies to help us manage our computer and telephone networks, manage and assist us with network and data servers, handle mail and email (including sending and delivering packages, postal mail and email), analyze the data we collect, market our products and services, handle credit card transactions and provide customer service. The companies we employ to help us with these tasks have access to Personal Data to perform their functions.
Advertisements, Marketing Material and Other Offers: The Company will occasionally send advertisements; marketing material or other offers on behalf of other businesses that we think might be of interest to you.
Outside Credit Card and/or Bank Check Processing Companies: These companies do not retain, share, store, or use Personal Data for any purposes other than to support the Website in providing our services and to support you in purchasing our services.
Future Business Transfers: Our business is constantly changing. As part of that process, the Company may sell or buy other companies and Personal Data may be transferred as part of these transactions. It is also possible that the Company, or substantially all of its assets, may be acquired by another company, whether by merger, sale of assets or otherwise, and Personal Data may be transferred as part of such a transaction.
Compliance with Law and Protection of the Company: The Company reserves the right to release Personal Data in order to comply with the law. We may also release Personal Data to enforce or apply the terms and conditions applicable to our products and services, or protect the rights, property or safety of us, our users, or others.
Consent: If none of the categories described above apply, we will notify you to obtain your consent if we believe it is necessary and appropriate to share your Personal Data with someone else. You will have the right to tell us not to share your Personal Data.
Our Policy Concerning Cookies
We also may use a third-party advertising company to serve ads when you visit our Website. The third-party advertising company may use information (not including your name, address, e-mail address or telephone number) about your visits to our and other Websites, in combination with non-personally identifiable information about your purchases and interests from other online and offline sources, in order to provide advertisements about goods and services of interest to you. In addition, we may share or sell Website usage information about visitors to our Website and other websites owned by the Company We and third-party advertising company may note some of the pages you visit on our Website through the use of pixel tags (also called clear gifs).
We also permit other companies that show advertisements on some of our pages to place and access cookies on your computer. Other companies’ use of their cookies is subject to their own privacy policies and not ours. Such advertisers do not have access to our cookies.
How You Can Access or Change Your Personal Data
We understand that you may want to change your Personal Data by contacting us. To protect your privacy and security, we will verify your identity before granting access or making changes to your Personal Data. Should you have any questions, concerns or comments, please contact us via the information found on the pages below.
Notice to Users Outside the United States of America
This Website and the services on this Website operate in the United States of America and are primarily targeted at Users in the United States of America. Any information you enter on this Website may be transferred outside of your country to the United States of America which may or may not offer an equivalent level of protection to that required in your country of residence. By using this Website, you consent to having your Personal Data transferred and collected and understand that your Personal Data will be secured in accordance with applicable laws within the United States of America and not the laws of your country.
A Special Note About Children
Persons under the age of 18 are not eligible to use any services on our Website and we do not knowingly collect personal information from children under 13. If you know we have collected information about a child under age 13, please notify us immediately. If we learn from any source that we have collected personal information from a child under age 13, we will delete that information as quickly as possible, and you agree that you have no claim to recover that information.