Hello new subscriber. Timeshare Recyclers (“TSR”) operates this web site located at https://timesharerecyclers.com (also referred to as “the Web Site”) to provide information and an online marketplace for the resale and rental of real estate. This includes full time real estate, fractional deeded real estate. This includes full time real estate, fractional deeded real estate, and other types of lodging usage agreements such as timeshares, vacation intervals, vacation clubs, deeded, and right-to-use properties (all of which are referred to as “PROPERTY” or “PROPERTIES”) to potential buyers and renters. The Web Site, information, tools, features, various services, and functionality provided by TSR 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 TSR. 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 AGREEMENT, please do not access the Web Site or use the SERVICE.
Because resale and rental transactions and other real estate interests often involve several parties, each with different roles, we want to be clear about the SERVICES TSR provides. TSR is an advertising company focused on resales and rentals of PROPERTIES. By advertising a large number of PROPERTIES and leveraging our expertise in search engine marketing, we are able to provide maximum online exposure to people interested in property resales and rentals. TSR 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 PROPERTY directly to you, and you may then negotiate the resale and/or rental of your PROPERTY without further involvement of TSR.
TSR advertises its SERVICE through various advertising media, and attracts buyers and renters to the Web Site or invites them to contact us directly for information. We do not specifically advertise your PROPERTY in our advertising programs. Your PROPERTY is presented through the Web Site only, and not on advertisements of TSR’s SERVICE. Your advertising SERVICE will continue until the PROPERTY is rented or for as long as your subscription is active and your annual subscription renewal is current and paid.
The Web Site provides an easily searchable virtual marketplace of PROPERTIES located throughout the world. We forward your inquiries about specific PROPERTIES directly to the Advertiser, with whom you may then negotiate the sale and/or rental of the vacation property. You may also book a rental more readily by using our Rental Assist SERVICE, which means that you may receive assistance from one of our rental agents in selecting and renting the PROPERTY that fits your needs as closely as possible. We do not recommend booking an entire vacation until you receive written confirmation from the Advertiser that the rental has been secured.
Once you have provided payment for a rental of a PROPERTY, and if you have used our Rental Assist Service, 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 PROPERTY is located, within five (5) business days of receiving our confirmation e-mail, to confirm that the PROPERTY is as described in the TSR 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 PROPERTY rental.
TSR 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 TSR or its software or content suppliers. All content is protected under the copyright and intellectual property laws of the United States of America and other countries.
TSR grants you a limited, personal, nontransferable, non-sub licensable, revocable license to access and use the Web Site only as expressly permitted in these AGREEMENT. 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. 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 TSR.
In advertising your PROPERTY with TSR for posting on the Web Site, you warrant that:
These warranties are a continuing obligation, and you agree to notify TSR promptly of any changes to your situation.
You agree that TSR 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 AGREEMENT or other TSR 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 for 60 days or more, 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 TSR’s sole discretion and that TSR shall not be liable to you or any third party for any such action. You understand and agree that TSR 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 TSR. Your PROPERTY advertisement with TSR will remain on the Web Site until: (a) terminated in accordance with the terms above, (b) renewed by you, or (c) your PROPERTY is sold or rented.
For those wishing to rent their PROPERTY, all rentals are final and refunds are not available.
If you discover errors in your Advertiser Content, whether introduced by you or by TSR, 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 PROPERTY on our Web Site.
You agree to indemnify and hold TSR and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees incurred by TSR 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 TSR 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. TSR reserves the right, but has no obligation, to monitor or take action regarding disputes between parties. In the event of disputes, TSR 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.
You agree that the Web Site shall be deemed solely based in the United States in the State of Nevada.
Any dispute, claim or controversy arising out of or relating to the Web Site, Advertiser Content, the SERVICE, or any PROPERTY or PROPERTIES listed with us, this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Clark County, Nevada, before one arbitrator. At the option of the first to commence an arbitration, the arbitration shall be administered either by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, or by the American Arbitration Association pursuant to its Expedited Procedures. The arbitrator may not award any consequential, indirect, exemplary, special or incidental damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss). Judgment on the Award may be entered in any court having jurisdiction. You and we will each pay one-half of the costs and expenses of such arbitration, and each of the parties will separately pay their counsel fees and expenses. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court in Clark County, Nevada to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, trademarks, and trade secrets, but not privacy or publicity rights).
Class Action Waiver. You agree that any arbitration shall be conducted in your individual capacity only and not as a class action or other representative action, and you expressly waive your right to file a class action or seek relief on a class basis. YOU AND TSR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
TSR makes no warranty of any kind regarding the Web Site, Advertiser Content, the SERVICE, or any PROPERTY 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 PROPERTY 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, TSR 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 TSR 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 TSR 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 TSR. In particular, you expressly understand and agree that our Advertisers are not affiliated with, controlled, or monitored by TSR. 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, TSR shall not be liable for any damages resulting from owner or Advertiser cancellations, quarantine, government restraints, weather, terrorism, or causes beyond our control. TSR 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. TSR 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 TSR, nor for any owner’s failure to comply with applicable laws or resort rules regarding the PROPERTIES 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.
TSR does not permit copyright infringing activities and infringement of intellectual property rights on its Web Site, and TSR will remove any content if properly notified that such content infringes on another’s intellectual property rights. TSR reserves the right to remove any content without prior notice.
If you are a copyright owner or an agent thereof and believe that any Third-Party Submission or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
TSR’s designated Copyright Agent to receive notifications of claimed infringement is:
You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
If you believe that your Third-Party Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your Third-Party Submission, you may send a counter-notice containing the following information to the Copyright Agent:
If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
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 TSR 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 TSR’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 TSR Agreements (as described in Section 1 above), this Agreement represents the entire understanding and agreement between you and TSR regarding the subject matter of the same, and supersedes all other previous agreements.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you. TSR may assign this Agreement, and any rights and license granted hereunder without restriction.
If you have any questions or concerns about this Web Site, our SERVICE, or this AGREEMENT, you may contact TSR at email@example.com or telephone us toll-free at 1-888-287-4188 or through written agreement to 1201 N Orange Street Suite #7329, Wilmington DE 19801-1186.
This document serves as your contract. When you use this website, you have entered into a contract with us for a subscription including PROPERTY sale and/or rental advertising SERVICES as described herein. As part of your subscription you will receive the numerous benefits referenced in your Ad SERVICE Description Sheet which is incorporated herein. These benefits include the ability to advertise on https://timesharerecyclers.com. The cost for this SERVICE is included in the Subscription price, which is required to be paid before any advertisement will be posted on https://timesharerecyclers.com. Your only additional cost for this program is a modest annual renewal fee.
We will provide you one online advertisement for each PROPERTY you advertise with us. The ad will appear on the Web Site. When your PROPERTY sells or rents, we ask you to contact us so we can remove the ad. In the event you reach the end of your advertising subscription, and your PROPERTY has not sold or rented, we may renew, your advertisement and may continue to renew annually, until sold or rented. Unless either party removes the advertisement, your ad will be visible to all Web Site visitors. Your ad will include information about your PROPERTY, and may include one or more photographs. The photo(s) will not necessarily represent your specific unit.
We may also use other advertising and marketing resources, which may include but are not limited to: websites, blogs, media releases, and social media sites. Your specific ad may or may not appear on these additional resource sites, as these additional resources are used to drive web traffic to the site in general. Your advertising fee covers some of these additional efforts by us to increase the website visibility and/or promote PROPERTY sale and rental advertisements.
We desire to ensure that subscribers act fairly and honestly on the Web Site and abide by our terms and conditions. Thus, all subscribers are bound by the terms and conditions published on the Web Site and the same are incorporated herein.
We will provide resale and rental advertising SERVICES pursuant to this contract. We have NOT identified any person who is interested in purchasing or renting your PROPERTY interest, however, if we had we would need to give you their contact information.
You have an unwaivable right to cancel this contract for any reason within 5 days after the date you sign and pay for this contract. If you decide to cancel this contract, you must notify us in writing of your intent to cancel. Your notice of cancellation shall be effective upon the date sent and shall be sent to: 1201 N Orange Street Suite #7329, Wilmington DE 19801-1186 or to firstname.lastname@example.org Your refund will be made within 60 days after receipt of notice of cancellation or within 15 days after receipt of funds from your cleared check, whichever is later.
You are not obligated to pay us any money unless you agree to this contract and sign it by clicking I agree below. Usage of this website is however bound to terms of this AGREEMENT, and TSR reserves the right to discontinue your advertisement if we detect improper use of our SERVICES as dictated by this AGREEMENT, including, but not limited to the payment of the annual renewal fee for your subscription.