Terms of Use

Welcome! SellMyTimeshareNOW, LLC ("SMTN") operates this web site located at http://www.SellMyTimeshareNOW.com (also referred to as "the Web Site") to provide information and an online marketplace for the resale and rental of timeshares, vacation intervals, and vacation club, deeded, and right-to-use properties (all of which are referred to as "Timeshares") to potential buyers and renters. The Web Site, information, tools, features and functionality provided by SMTN are referred to together and separately as "the Service(s)."

1. Acceptance of this Agreement

This statement of Terms of Use (referred to as the "TOU" or the "Agreement") describes the terms on which you may access and use the Service, and it constitutes a binding agreement - and the only agreement - between SMTN and you governing your use of the Service. By visiting the Web Site, you agree to be bound by all of the terms and conditions of this Agreement. Please note that we may modify the TOU from time to time, with or without notice. Any modifications will be posted on this page and will become effective upon posting, so we suggest you return to this page on a regular basis to view the TOU. Your continued use of the Web Site and the Service after any modification will mean you agree to the TOU as modified. If you do not agree to a modification, you should stop visiting the Web Site immediately. It is important to understand that the TOU relate only to your use of the Service described here, and if you receive other services from SMTN or its affiliates, including but not limited to our Broker Assist and Rental Assist services, those additional services will be subject to their own or additional terms and conditions and agreements (referred to as the "Other SMTN Agreements"). In the event of any inconsistency, ambiguity, or disagreement between the TOU and the terms of Other SMTN Agreements, then the terms of the Other SMTN Agreements will govern.

You may not accept this Agreement nor use the Service if you are not of a legal age to form a binding contract with SMTN. If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company, corporation, organization or other entity (referred to in the singular as a "Company" and in the plural as "Companies"), that you have the authority to bind such Company.

If you do not agree to the TOU and thus, this Agreement, please do not access the Web Site or use the Service.

2. Privacy Policy

Your use of the Web Site is subject to our Privacy Policy. That policy explains how SMTN treats your personal information and protects your privacy when you access the Web Site and use the Service. Your acceptance of the TOU is also your consent to the information practices in our Privacy Policy.

3. Our Services to Those Re-Selling or Renting Timeshares

Because transactions in Timeshares and other real estate interests often involve several parties, each with different roles, we want to be clear about the services SMTN provides. SMTN is an advertising company focused on resales and rentals of Timeshares. By advertising a large number of Timeshares and leveraging our expertise in search engine marketing, we are able to provide maximum online exposure to people interested in Timeshare purchases and vacation rentals. SMTN posts information on this Web Site that you provide regarding your vacation property (referred to as "Advertiser Content"), along with pertinent resort information. We will forward all inquiries about your Timeshare directly to you, and you may then negotiate the sale/rental of your Timeshare without further involvement of SMTN.

SMTN advertises its Service through various advertising media, and attracts buyers/renters to the Web Site or invites them to contact us directly for information. We do not specifically advertise your Timeshare in our advertising programs. Your Timeshare is presented through the Web Site only, and not on advertisements of SMTN's Service.

SMTN does NOT provide any of the following services to Advertisers:

• We do not appraise or provide guidance regarding the value or rental price of your Timeshare. The sales or rental price of your Timeshare is established by you, the owner, and we do not advise on whether a price needs to be changed in order to maximize the likelihood of sale or rental. We cannot and do not make any representations as to the likelihood of success of the ad you place on the Web Site, the purchase/rental offer(s) that you may receive, or the period of time it will take to sell or rent your Timeshare. The marketing period and sales/rental price are determined by market conditions, and the size, location, resort, amenities, and week that you desire to sell/rent.
• We do not identify specific buyers or renters.
• We do not monitor individual advertisements or views per ad.
• We do not screen or qualify potential buyers or renters who respond to ads. Your interactions with persons interested in your advertised property are at your own risk, and we caution you to take appropriate security measures.
• We do not personally assist you in the sale/rental of your Timeshare, including (but not limited to) showing your property, other than by posting on this Web Site the property descriptions and photographs provided by you, our Advertiser. However, our staff can and will assist potential buyers/renters in identifying Timeshares from Advertiser Content that match each buyer/renter's stated requirements. In doing so, we do not recommend one advertised property over another.
• We are not affiliated with your resort or any third party organization, and other than through our Assist programs (referenced below), we do not take part in any negotiation for sale or rent of a Timeshare. You will be negotiating directly with the potential buyer/renter for the sales/rental price.
• We do not process the transfer of ownership.

If you choose, you may elect additional types and levels of service from SMTN, which include:

• our Broker Assist program, by which licensed real estate agents of Timeshare Broker Services, which is an affiliate and partner of SMTN, assist in screening and negotiating with prospective buyers;
• our Rental Assist program, by which rental agents of Timeshare Broker Services, which is an affiliate and partner of SMTN, screen offers to rent your Timeshare and assist in completing rental transactions; and
• our Book It NOW feature of the Web Site that enables rentals to be reserved and paid for at the press of a button

4. Our Services to Those Wishing to Buy or Rent Timeshares; Cancellation Rights

The Web Site provides an easily searchable virtual marketplace of Timeshares located throughout the world. We forward your inquiries about specific vacation properties directly to the Advertiser, with whom you may then negotiate the purchase/rental of the vacation property. You may also book a rental more readily by using our Book It NOW feature which enables you to reserve and pay immediately for certain Timeshares. Please note that you should not take any action (for example, booking travel to a Timeshare) based on information on this Web Site until you have received a confirmation of your transaction.

Once you have provided payment for a rental of a timeshare, we are typically able to provide an e-mail confirmation of the rental within five (5) business days of your booking a property through the Web Site. If you have not received a confirmation of your rental via e-mail, first check your "spam" or "junk" folder to verify that it has not been misdirected, and if still not found, please contact us as provided in the Contact Information Section below. Renters are advised to contact the resort at which a booked Timeshare is located, within five (5) business days of receiving our confirmation e-mail, to confirm that the Timeshare is as described in the SMTN listing. If we do not hear from you by 5 PM (EST) of the fifth business day following delivery of our confirmation e-mail, you will be deemed to have accepted the Timeshare rental.

SMTN does NOT provide any of the following services to prospective buyers and renters of Timeshares:

• We do not endorse, recommend, or guarantee any property presented on the Web Site, and the inclusion of any property on the Web Site should not be considered to be an endorsement, recommendation, or guarantee.
• We assume no responsibility, and are not liable, for the condition of any property presented on the Web Site.
• We do not verify Advertiser Content. The information presented on the Web Site regarding any property is presented "as is," as an advertisement submitted to us by a person or entity offering the property for sale or rent. We do not investigate, and make no guarantee, explicit or implied, as to whether the information presented is correct and accurate. The Advertisers who offer properties through SMTN are solely responsible for the accuracy of their ads, including information about physical features of properties, services and amenities, and the advertisers' rights in the properties offered for sale or rental; and prospective buyers and renters are solely responsible for verifying the accuracy of information presented, before completing any transaction regarding a Timeshare.
• We do not guarantee the safety or security of any Timeshare location. We recommend that before purchasing, renting, or traveling to any vacation destination, the purchaser or renter 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.

Once a reservation is confirmed, it cannot be cancelled and refunded. 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 Web Site. However, if you wish to cancel your Timeshare reservation at least sixty (60) days prior to the date the reservation period was to begin, and we are able to rent the same Timeshare for the same period and at the same rental amount, then we will refund your rental fee less a $150 cancellation fee.

5. Rights and Licenses in the Web Site

SMTN is the owner of this Web Site as a whole, including its "look and feel" (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material; and individual contents of the Web Site belong or are licensed to SMTN or its software or content suppliers. All content is protected under the copyright and intellectual property laws of the United States and other countries.

SMTN grants you a limited, personal, nontransferable, non-sublicensable, revocable license to access and use the Web Site only as expressly permitted in these TOU. Except for this limited license, we do not grant you any other rights or license with respect to this Web Site; any rights or license not expressly granted herein are reserved. You may display and, unless otherwise noted, download and print out the content of this Web Site solely for your own personal, non-commercial use, and not to provide services to a third party. Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any Web Site content, including copyright notices from materials downloaded or printed from the Web Site.

Except as provided above, you may not, with regard to the Web Site or any portion thereof, including Advertiser Content (as defined in Section 3 above):

• Copy, reproduce, upload, post, display, republish, distribute, transmit, any material in any form whatsoever;
• Use any framing or border technique to enclose the Web Site or any portion of the Web Site;
• Mirror or replicate or reverse engineer any portion of the Web Site; or
• Modify, translate into any language or computer language, or create derivative works from, any part of the Web Site.

6. Other Limitations

Unless otherwise provided within the Terms of Use, you may not:

• Place false or misleading information on the Web Site;
• Use the Web Site to make any false, fraudulent, or speculative claims or reservations;
• Imply in any way that SMTN is endorsing your property, products, or services;
• Post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful or prohibited by the TOU;
• Use or access the Web Site in any way that may or does, in SMTN's sole judgment, adversely affect the performance or function of the Web Site, or any other computer systems or networks used by SMTN or other Web Site users;
• Upload or transmit to the Web Site or use any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere or attempt to interfere with, intercept, the normal operation of the Web Site, or appropriate the Web Site or any system, or take any action that imposes an unreasonable load on our computer equipment, or that infringes upon the rights of a third party; or
• Disguise the origin of the information transmitted through the Web Site.

7. Other parties and web sites; relationships formed through the SMTN Service

From time to time, SMTN may make available to you certain services offered by third parties, or pages of the Web Site may include links to other parties' web sites. SMTN does not endorse, warrant, or guarantee the products or services available through these third parties, and is not an agent or broker or otherwise responsible for the activities or policies of those web sites. Third party services and web sites are not governed by these TOU and/or by SMTN's Privacy Policy, but may be governed by other terms of use and privacy policies. Also, SMTN does not review all the content of these external web sites, and is not responsible for the quality of information on any of the external web sites or any link contained in the external web sites.

You agree that any transaction you enter into or attempt to enter into with a property owner whom you contact through the Service is between you and that property owner alone, and not with SMTN.

8. Advertisers' Warranties

In advertising your Timeshare with SMTN for posting on the Web Site, you warrant that:

1. you hold all property rights necessary to convey the rights offered for sale or rental;
2. any maintenance fees and other fees regarding your Timeshare are paid in full in a timely manner through the date of sale or rental;
3. you are in good standing with all other parties relative to the property, including but not limited to the resort managing the property; and
4. there are no liens or other obstructions that would prevent the fulfillment of any transaction for which you are using the Service.

These warranties are a continuing obligation, and you agree to notify SMTN promptly of any changes to your situation.

9. Termination; Advertisement Term and Refund

You agree that SMTN may remove your advertisement from the Web Site and/or terminate your account and access to the Service, for reasons that include but are not limited to the following: (a) breaches or violations of the TOU or Other SMTN Agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) unexpected technical issues or problems, (e) extended periods of inactivity, and (f) nonpayment of any fees owed by you in connection with the Service. You agree that all removals or terminations shall be made in SMTN's sole discretion and that SMTN shall not be liable to you or any third party for any such action. You understand and agree that SMTN is not required to give notice of removal or termination, but that if notice is given, it may be sent to the e-mail address or other contact address you provided to SMTN.

Your Timeshare advertisement with SMTN will remain on the Web Site for one year unless: (a) terminated in accordance with the terms above, (b) renewed by you, or (c) your Timeshare is sold or rented.

For those wishing to sell their Timeshare, we are so confident in our Services, we will refund your advertising fee in full if you sell your Timeshare through another Timeshare resale company at a price equal to or greater than the price posted on our Web Site. When requesting a refund, documents confirming proof-of-sale must be provided. In all other cases, all sales are final and refunds are not available.

For those wishing to rent their Timeshare, all sales are final and refunds are not available.

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 Web Site. If you discover errors in your Advertiser Content, whether introduced by you or by SMTN, please contact us immediately. Errors in Advertiser Content will not be considered grounds for a refund. Please take this into account prior to choosing to advertise your Timeshare on our Web Site.

10. Advertisers' Indemnity

You agree to indemnify and hold SMTN and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys' fees incurred by SMTN or others, due to or arising out of Advertiser Content you submit, post, transmit or otherwise make available through the Web Site, your use of the Web Site or any other SMTN Service, your connection to the Web Site, your breach of any warranties or other provision of this Agreement, or your violation of any rights of another.

11. Disputes; Governing Law

You are solely responsible for your interactions with other users of the Service. SMTN reserves the right, but has no obligation, to monitor or take action regarding disputes between parties. In the event of disputes, SMTN may in its sole discretion take such action, as it deems appropriate, including but not limited to suspending or terminating any party's ability to access the Web Site, and removing any Advertiser Content.

This Agreement and your relationship with SMTN under this Agreement shall be governed by the laws of the State of New Hampshire without regard to its conflict or choice of laws provisions. Any dispute with SMTN, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the courts of New Hampshire, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case SMTN may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, SMTN is able to offer the Service at the terms designated, and that your assent to this provision is an indispensable consideration to this Agreement.

12. Disclaimer of Warranties

SMTN makes no warranty of any kind regarding the Web Site, Advertiser Content, the Service, or any Timeshares or properties listed with us, all of which are provided on an "as is" basis. We expressly disclaim any representation or warranty that the Web Site will be free from errors, viruses or other harmful components, that communications to or from the Web Site will be secure and not intercepted, that the Service and other capabilities offered from the Web Site will be uninterrupted, or that the material on the Web Site, including Advertiser Content, will be accurate, complete, or timely. The information, software, products, and services provided on and through this Web Site may include inaccuracies or errors, including pricing errors. In particular, we do not guarantee the accuracy of, and disclaim all liability for, any errors or inaccuracies relating to the information and description of any Timeshare listed on the Web Site (including, without limitation, the pricing, photographs, list of amenities, and general description), which information is provided by our Advertisers.

OTHER THAN THOSE WARRANTIES WHICH, UNDER THE LAWS APPLICABLE TO THESE TERMS, ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION, SMTN EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEB SITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES.

13. Limitations of Liability

You expressly understand and agree that SMTN and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if SMTN has been advised of the possibility of any such damages), resulting from: (1) the use or the inability to use the Web Site; (2) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Web Site; (3) unauthorized access to or alteration of your transmissions or data; (4) statements or conduct of any third party on the Web Site; (5) any computer viruses, linked sites, products and services obtained through the Web Site; or (6) any other matter relating to the Web Site or SMTN. In particular, you expressly understand and agree that our Advertisers are not affiliated with, controlled, or monitored by SMTN. Accordingly, we shall not be liable for the acts or omissions of Advertisers, whether such liability is purported to be based in contract, tort, negligence, strict liability, or otherwise.

To the extent permitted by law, SMTN shall not be liable for any damages resulting from owner or Advertiser cancellations, quarantine, government restraints, weather, terrorism, or causes beyond our control. SMTN shall not be liable for any breach of warranty by an Advertiser, including but not limited to implied warranties of fitness for a particular purpose (including any liability in tort) as to any products or services listed by Advertisers on the Web Site. SMTN shall not be liable for any Advertiser or owner failure to comply with this Agreement or the terms of any other Agreement between the Advertiser or owner and SMTN, nor for any owner's failure to comply with applicable laws or resort rules regarding the Timeshares presented on the Web Site.

Some states do not allow the limitation or exclusion of liability for incidental or consequential damages under certain circumstances, so some of the above limitations of liability may not apply to you.

14. Miscellaneous

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void, or unenforceable, but only that portion of this Agreement that is unlawful, void, or unenforceable shall be stricken from this Agreement.

You agree that if SMTN does not exercise or enforce any legal right or remedy which is contained in the Agreement (or to which we are entitled under any applicable law), this will not be deemed to be a waiver of SMTN's rights and that those rights or remedies will still be available to us.

All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.

Subject to the Other SMTN Agreements (as described in Section 1 above), this Agreement represents the entire understanding and agreement between you and SMTN regarding the subject matter of the same, and supersedes all other previous agreements.

15. Contact Information

If you have any questions or concerns about this Web Site, our Service, or these TOU, you may contact SMTN at customercare[at]sellmytimesharenow.com or telephone us toll-free at 877-815-4227 (please ask for "Customer Care").

Copyright Notice

Copyright © 2003-2009 by SellMyTimeshareNow, LLC. All the text, graphics, audio, design, software, and other works are the copyrighted works of SellMyTimeshareNow, LLC. All Rights Reserved.

Terms of Use effective November 17, 2009.