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)."
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.
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.
If you choose, you may elect additional types and levels of service from SMTN, which include:
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.
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.
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):
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.
In advertising your Timeshare with SMTN for posting on the Web Site, you warrant that:
These warranties are a continuing obligation, and you agree to notify SMTN promptly of any changes to your situation.
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 month 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.
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.
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.
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.
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.
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.
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 © 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.