READ CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE
The owner (“we”, our”, “us”, “Company”) maintains this website (“Website”) for informational purposes only. For information about the Company, read About Us. Please read this agreement carefully before using the Website. Any person who uses, or makes decisions based on information contained in this Website (“you”, “your”, “User”) does so at their own risk. Access to this Website is subject to the terms and conditions set forth below (“Terms of Use”) including, without limitation, the Disclaimer and Privacy Policy sections. Your use of the Website signifies your acceptance of the Terms of Use. If you do not agree to comply with this Terms of Use, please do not use the Website.
The Company reserves the right to make changes in the programs, policies, products and services described in this Website at any time without notice. If you do not agree with any change or modification to these Terms of Use, then you should stop using the Website. Your continued use of the Website will signify your acceptance of any change to the Terms of Use.
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). The following terms apply if applicable to the transaction, if any, that you enter into with the Company.
All Users
Privacy Policy. Your use of the Website is subject to our Privacy Policy. That policy explains how The Company treats your personal information and protects your privacy when you access the Website and use the Service. Your acceptance of these Terms of Use is also your consent to the information practices in our Privacy Policy. By using the Website—submitting your phone number to us or calling us—you consent and agree to have all calls between you and the Company, whether incoming or outgoing, recorded.
Provider. 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. Terms. 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.
Buyers
Searchable Marketplace. 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.
Disclaimers. 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.
Timeshare Description. 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.
Safety. We do not guarantee the safety or security of any timeshare location. We recommend that before purchasing, renting, or traveling to any vacation destination, that Buyers verify the level of risk by consulting newspapers, online sources, and travel and safety advisories issued by the U.S. Government and published at www.state.gov, www.cdc.gov, and other government resources.
Contact Information. 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. 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.
Disclosures
Florida: 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 Webs Site, nor our agents have stated or implied 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 Webs Site, 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 Webs Site, 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 Webs Site, nor our agents have stated or implied that the 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.
All States: 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.
(v) We do not have a current buyer and have not identified a person interested in buying or renting your timeshare.
(vi) All information regarding results from using our services are documented on the Website.
(vii) We do not provide appraisals or otherwise specify that your timeshare has a specific resale value.
(viii) 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 electronic signature and recorded verbal agreements in Florida, other states, and Federal Law.
You understand that the period to sell your timeshare and the sales price is determined by market conditions, and the size, location, resort, amenities, and week that you desire to sell. The Company does not go to your resort to show your property. All our services are provided online. We have not promised you, the Seller, that your timeshare will sell within any specific period of time. In the event you enter into an agreement with the Company or its affiliates, the terms of that agreement will supersede the Terms of Use.
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.
You grant to us a license to use all information and descriptions submitted by you regarding your timeshare, and give us ownership to all such information and copyrightable works in order to enforce the Rights and Licenses in the Website. You grant us the right to update, correct and/or modify outdated or discovered misinformation.
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.
Disclaimer No Warranties
INFORMATION CONTAINED IN THIS WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR FREE FROM ERRORS, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IT DISCLAIMS LIABILITY FOR AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE INTERPRETATION OR RESULTS OF THE USE OF MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS OF USE AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
Rights and Licenses in the Website
The Company grants you a limited, personal, nontransferable, non-sublicensable, revocable license to access and use the Website only as expressly permitted in these Terms of Use. Except for this limited license, we do not grant you any other rights or license with respect to this Website; any rights or license not expressly granted herein are reserved. The Company reserves the right to prohibit commercial use of the Website and you agree that the Company in its sole discretion can determine what commercial use is. 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.
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, and 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.
All content is protected under the copyright and intellectual property laws of the United States and other countries.
Limitation of Liability & Indemnification
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 a your authorized representative has been advised of the possibility of such damages. This Website is operated by us within the United States of America; as such these Terms of Use shall be governed by and enforced in accordance with the laws of the State of Florida. If a court of competent jurisdiction finds any part of these Terms of Use void or unenforceable, the remainder should be enforced and the court should use its authority to amend it in order to fulfill the stated purposes of these Terms of Use to the fullest extent permitted by law.
You agree to indemnify and hold The Company and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand including reasonable attorneys’ fees incurred by The Company or others (i) due to information you: submit, post, or otherwise make available through the Website; (ii) your use of the Website or any other Company service; (iii) your breach of any warranties or other provision of these Terms of Use; or (iv) your violation of any rights of another user of the Website.
Copyright Notice
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 not affiliated with or 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 Buyers in correctly identifying the property being advertised and such use is solely for the purpose of preventing confusion between the different timeshare properties. Furthermore, Owners 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.