Timeshare Brokers MLS Terms of Service Version 1 (Posted 03.01.2015)
To maintain a safe and helpful community for our users, we may suspend or remove, without notice or refund, any user we believe is violating our terms, the rights of our users, or otherwise negatively impacting our service. All decisions regarding inappropriate conduct and use of the site are solely ours. In the event Timeshare Brokers MLS merges with, or is acquired by, another company, the terms of service will transfer to the new entity, who will assume the responsibilities associated with your account.
General Conduct on Timeshare Brokers MLS
Timeshare Brokers MLs is an LLC registered in the state of Florida, and is governed by that state's laws. If there are laws in your state or location that apply to your participation on our site, or the sale of timeshare interest, you are responsible for understanding them and being in compliance. We may post any laws that are brought to your attention, but take no responsibility for your compliance or the compliance of others that you may contact.
If there are rules the home resort, homeowners association, or applicable exchange company requires for you to engage in a sale, it is the responsibility of the listing member, not Timeshare Brokers MLS, to comply with, those rules. As we are informed about these rules, we may provide information about them, but are not responsible for your compliance or the compliance of others who you contact.
ACCEPTANCE OF TERMS
DESCRIPTION OF SERVICES
Through its network of Web properties, Timeshare Brokers MLS provides you with access to a variety of resources, including but not limited to Multiple Listing Service (MLS), communication forums, and product information (collectively "Services"). The Services, including any updates, enhancements, new features and/or functions, and/or the addition of any new Web properties, are subject to the Terms of Service Agreement.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE
Permission to use Documents (such as training manuals, product manuals, handbooks, quick tip sheets, white papers, press releases, datasheets, tutorials, Help content, and FAQ's) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Distribution requires express written permission from Timeshare Brokers MLS. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Documents specified above do not include the design or layout of the Timeshare Brokers MLS.com Web site or any other Timeshare Brokers MLS owned, operated, licensed or controlled site. Elements of Timeshare Brokers MLS Web sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound, or image from any Timeshare Brokers MLS Web site may be copied or retransmitted unless expressly permitted by Timeshare Brokers MLS.
Timeshare Brokers MLS and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published as part of the services for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Timeshare Brokers MLS and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. In no event shall Timeshare Brokers MLS and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from the services.
The documents and related graphics published on the services could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Timeshare Brokers MLS and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.
Notices regarding software, documents, and services available on this web site:
In no event shall Timeshare Brokers MLS and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from the services.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You are entirely responsible for maintaining the confidentiality of your password and account. Also, you are entirely responsible for any and all activities that occur under your account. You agree to notify Timeshare Brokers MLS immediately of any unauthorized use of your account or any other breach of security. Timeshare Brokers MLS will not be liable for any loss you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Timeshare Brokers MLS or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Timeshare Brokers MLS server, or the network(s) connected to any Timeshare Brokers MLS server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Timeshare Brokers MLS server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
USE OF SERVICES
The Services may contain e-mail services, bulletin board services, message areas, news groups, forums, communities, personal web pages, calendars, photos, virtual tours, file cabinets and/or other message or communication facilities designed to enable you to communicate and collaborate with others (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
· Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise).
· Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
· Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, obscene, indecent, or unlawful topic, name, material, or information.
· Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
· Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
· Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
· Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
· Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
· Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
· Restrict or inhibit any other user from using and enjoying the Communication Services.
· Violate any code of conduct or other guidelines, which may be applicable for any particular Communication Service.
· Harvest or otherwise collect information about others, including e-mail addresses.
· Violate any applicable laws or regulations.
· Create a false identity for the purpose of misleading others.
· Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
· Timeshare Brokers MLS has no obligation to monitor the Communication Services. However, Timeshare Brokers MLS reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Timeshare Brokers MLS reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason.
Timeshare Brokers MLS reserves the right at all times to disclose any information as Timeshare Brokers MLS deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Timeshare Brokers MLS sole discretion.
Timeshare Brokers MLS does not control or endorse the content, messages, or information found in any Communication Services and, therefore, Timeshare Brokers MLS specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Participants from any Communication Services are not authorized Timeshare Brokers MLS spokespersons, and their views do not necessarily reflect those of Timeshare Brokers MLS.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction, and/or dissemination; you are responsible for adhering to such limitations if you either uploading and/or downloading the materials.
MATERIALS PROVIDED TO Timeshare Brokers MLS OR POSTED AT ANY Timeshare Brokers MLS WEB SITE
Timeshare Brokers MLS does not claim ownership of the materials you have provided to Timeshare Brokers MLS or posted, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting Timeshare Brokers MLS, its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all Timeshare Brokers MLS Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of your Submission, as provided herein. Timeshare Brokers MLS is under no obligation to post or use any Submission you may provide and Timeshare Brokers MLS may remove any Submission at any time in its sole discretion.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.
LINKS TO THIRD PARTY SITES
The links in this area will let you leave Timeshare Brokers MLS's site. The linked sites are not under the control of Timeshare Brokers MLS and Timeshare Brokers MLS is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Timeshare Brokers MLS is not responsible for webcasting or any other form of transmission received from any linked site. Timeshare Brokers MLS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Timeshare Brokers MLS of the site.
Timeshare Brokers MLS, Timeshare Brokers MLS logo and/or other Timeshare Brokers MLS products referenced herein are either registered trademarks or trademarks of Timeshare Brokers MLS Corporation in the U.S. and/or other countries.
Means any and all known or hereinafter existing worldwide copyrights, patents, trademarks, trade secrets, uniform resource locators, trade dress, brand features, know-how, moral rights, contract rights and other proprietary rights of any type under the laws of any applicable government authority, including, without limitation, all applications, renewals, extensions, registrations and combinations of the foregoing.
Any rights not expressly granted herein are reserved.
Send your questions to the appropriate contact as listed below:
Timeshare Brokers MLS IS NOT RESPONSIBLE FOR INACCURACIES OR TYPOGRAPHICAL ERRORS
As with any publication, there may be some inaccuracies or errors on our website. We want to prevent or correct these, so please let us know if there is something we should correct. We have the right to edit user-posted data if we are made aware of factual errors. If an inaccuracy causes some sort of problem, we apologize but no one at Timeshare Brokers MLS can be held responsible for damages.
UPDATES TO THE TERMS OR OTHER PAGE
We may make changes to this Terms of Service page, and it is your responsibility to stay up-to-date.
Timeshare Brokers MLS DOES NOT CONTROL RESALE TRANSACTIONS
We allow our subscribers to communicate directly with each other and complete the transaction on their own. Timeshare Brokers MLS does not represent, or act, for either the buyer or the seller, nor do we act as an intermediary between the prospective parties to a transaction. As a result, we have no control over the quality, safety, or legality of the properties listed, the truth or accuracy of the postings, the ability of sellers to sell the interval or unit, or the ability of buyers to complete the purchase.
Timeshare Brokers MLS is not legally responsible for any problems that arise between the two parties. We encourage you to take precautions to ensure your transactions are safe, and we provide information in our resources section to offer assistance.
SUCCESS RATE OF RESALES
Timeshare Brokers MLS makes no representations as to the period of time it will take to sell or rent a timeshare interval, the success rate of properties listed on our website, or the sale price an owner may receive.
FOLLOW THE GUIDELINES FOR POSTING YOUR UNIT
You must be the legal
representative / agent to sell the unit(s), points, or designated time period
for the unit you post for sale or rent on Timeshare Brokers MLS. You must describe your
unit or offering accurately and disclose all terms of sale in your posting.
Your postings may only include text descriptions, graphics, pictures, and other content relevant to the sale of that item. By submitting your content, you agree you own or have the necessary licenses, rights, consents and permissions to all patent, trademark, trade secret, copyright or other proprietary rights ("Rights") to your content and any other works that you incorporate into your content. By posting these items on our site, you agree to transfer relevant copyrights to us. We reserve the right to remove any information, including photos and advertisements, that violates another company's copyright license, is for other services that do not belong on a page, or to otherwise limit a user's ability to post. No timeshare sale ads are permitted on any Timeshare Brokers MLS page other than those designed for such purpose.
We may suspend or cancel your posting at any time if we suspect your account or posting may be fraudulent, or your account is being used in an unauthorized or fraudulent manner. This decision can be made at our sole discretion and without notice.
WARNINGS OF SUSPICIOUS ACTIVITY
While we take certain measures to avoid potentially fraudulent or other illegal activity when we become aware of it, we assume no liability or obligation to take any such measures or actions. In the event we do provide warnings or messages to users about any such activity, we do not warrant that such messages are accurate or that such messages will reach any or all users they should have reached in a timely manner or at all or that such messages or measures will prevent any harm, result or action.
All subscriptions purchased to inquire about resale listings on Timeshare Brokers MLS are fully refundable upon request within 30 days of purchase. Subscriptions purchased in conjunction with a promotion offered by Timeshare Brokers MLS or its partners/affiliates will be fully refunded upon request within 30 days of purchase, less the face value of the promotion amount. If you have any questions on our refund policy, please contact us. The refund confirmation e-mail sent by our accounting department will act as a proof of the cancellation of service.
UNAUTHORIZED USES OF THE SITE
DO NOT USE INFORMATION ON Timeshare Brokers MLS WITHOUT OUR PERMISSION
As a subscriber to Timeshare Brokers MLS, you are not allowed to collect, aggregate, copy, scrape, duplicate, or display any part of the site through the use of data mining, robots, spiders, or other data gathering and extraction tools without our expressed, written permission. You also agree not to do any of the following, unless otherwise previously authorized by us in writing:
· Copy, reproduce, upload, post, display, republish, distribute, or transmit any part of the content in any form
· Reproduce any portion of the site on your website
· Modify, translate into any language or computer language, or create derivative works from any part of the site
· Reverse engineer any part of the site
· Sell, offer for sale, transfer, or license any portion of the site in any form to any third parties
· Use the site and its functionality other than to advertise and/or research timeshare listings, or to make legitimate inquiries to our subscribers
· Use the site or posting functionality or transmit information that is in any way false, fraudulent, or misleading, including making any inquiry under false pretenses, or taking any action that may be considered phishing or that would give rise to criminal or civil liability
· Use or access the site in any way that, in our sole discretion, adversely affects or could adversely affect the performance or function of the site or any other system used by us or the site
If you are aware of or experience any content, activity or communication through or in connection with the site that appears to be in violation of the above restrictions, or in violation of any other provision of these Terms, we ask that you please contact us.
COMMUNICATION AMONG Timeshare Brokers MLS USERS; NO SPAM
We do not tolerate spam or unsolicited commercial electronic communications of any kind. You agree not to add a site user, even a user who has rented a vacation property from you or to you, to your mailing list (e-mail or physical mail). Nor may you send any unsolicited commercial messages via any of the contact forms on the site. Failure to abide by these terms may result in the termination of your Timeshare Brokers MLS subscription without notice or refund.
LINKS TO THIRD PARTY SITES
This site may contain links and pointers to other Internet sites and resources. Links to and from the site to other third-party sites, maintained by third parties, do not constitute an endorsement by us of any third parties or their sites. We may also provide tools to allow interaction between the site and a third party site, such as social media sites. We are not responsible in any way for such third-party sites or resources and your use of such sites and resources will not be governed by these Terms.
DATA COLLECTION AND COOKIES
If we suspect abuse of our site, we may employ the use of advanced tracking techniques. These techniques are intended to monitor fraudulent activity, but may inadvertently monitor normal user activity.
We trust our users to abide by these basic terms. We are not responsible for any action taken by our users. Please do your part and contact us immediately if you suspect another user is in violation or causing harm to the community.