READ CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE
Last Updated: 09/20/2017
This Website is offered and available to users who 18 years of age or older, and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
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 suchÂ information (see Disclaimer section below). The following terms apply if applicable to the transaction, if any, that you enter into with the Company.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
ď‚· Making all arrangements necessary for you to have access to the Website.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
You acknowledge and agree that the term â€śBuyerâ€ť applies to you if you use the Website to inquire about purchasing a timeshare or timeshare points, including, without limitation, the right to use such timeshare on a permanent basis or renting a timeshare or making use of a timeshare for a particular stay.
You acknowledge and agree that the term â€śSellerâ€ť applies to you if you use the Website to offer a timeshare or timeshare points for sale or rent, including, without limitation, leasing your right to use the timeshare.
You acknowledge and agree that the Company is an â€śInformation Content Providerâ€ť under 47 U.S. Code Section 230.
You acknowledge and agree that the term â€śtimeshareâ€ť means the right to stay or use a real property, whether that right is through a deed, a membership agreement, a lease, or other contractual agreement providing that right.
No Colling Off Period. You understand and acknowledge that the Federal Trade Commissionâ€™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.
Searchable Listing. The Company provides a searchable listing where you can research and identify timeshares that Sellers are offering. 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, and you hereby 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. It is your responsibility to conduct due diligence in the timeshare. We recommend you seek independent legal counsel to assist with any sale/purchase.
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 â€śas is,â€ť 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: By making an inquiry through the use of this Website, you are providing express permission and intent that we may share your contact information with our affiliate brokers and/or their agents to act in a transactional broker relationship pursuant to Â§475.278 Florida Statutes in order to help facilitate the transaction and provide you some privacy protection as defined within that Statute. If you donâ€™t want to receive assistance from a broker agent and you desire for us to share all of your personal information directly with the other party, please respond to any email from us indicating that is your intention. You agree that you have given us express permission and intent to provide the Seller and/or their assigns/agents 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. If you contact a buyer directly, you agree that we are not responsible to qualify potential buyers in any way and that we are not responsible to assist the transaction, nor for any outcome or loss from a proposed transaction. For your protection, we recommend you use a licensed and bonded title company.
All Sellers â€“ General Terms
No Specific Buyer Identified. Although Seller timeshare(s) will be listed to potential buyers as a result of using our Website, the Company has not identified a specific buyer at the present time.
If you or your timeshare are subject to Florida Law, we provide the following disclosures pursuant to Florida Statute Â§721.205. You, the User, agree and understand that
ď‚· 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. Â§721.205 (1)(a)1 and 2, F.S.
ď‚· 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.
ď‚· 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. Â§721.205(1)(a)1 and 2, F.S.
ď‚· Neither we, the Website, nor our agents have stated or implied that we will provide direct sales or resale brokerage services other than the advertising of the timeshare for sale or rent by User. Â§721.205(2)(a), F.S.
ď‚· Neither we, the Website, 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. Â§721.205(2)(b), F.S.
ď‚· All information regarding results from using our services are documented on the Website; therefore, neither we, the Website, 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. Â§721.205(2)(c), F.S.
ď‚· Neither we, the Website, nor our agents have stated or implied that the timeshare has a specific resale value. Â§721.205(2)(d), F.S.
ď‚· 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. Â§721.205(2)(e) and (f), F.S.
If you are subject to the law of another jurisdiction, we make the following disclosures. You, the User, agree and understand that:
ď‚· 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.
ď‚· 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.
ď‚· You need to keep paying maintenance fees, mortgages, and other obligations related to your timeshare.
ď‚· We do not have a current buyer and have not identified a person interested in buying or renting your timeshare.
ď‚· All information regarding results from using our services are documented on the Website.
ď‚· We do not provide appraisals or otherwise specify that your timeshare has a specific resale value.
ď‚· 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 â€śWritten Agreementâ€ť includes electronic signature and recorded verbal agreements in Florida, other states, and Federal Law.
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 copyrightableÂ 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.
You hereby acknowledge and agree that any sample/template documentation provided by the Company is not to be construed as legal advice and is intended to show parties a general form of similar documents. All sample/template documents are just that â€“ samples and templates. We strongly recommend that you have independent legal counsel familiar with such documentation and such transactions and licensed in the appropriate jurisdiction(s) to review and prepare formal legal documents for your transaction.
Sellers â€“ For Sale by Owner
The Company will forward all inquiries about your Timeshare directly to you, and YOU will then negotiate directly the sale/rental of your Timeshare without further involvement of theÂ Company.
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 Sellerâ€™s timeshare.
You, as a for-sale-by-owner Seller, understand that you are solely responsible for contacting potential Buyers, negotiating with them, and entering into a contract without any involvementÂ 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, youÂ 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 timelyÂ 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 timeshare listing being made inactive at the sole discretion of the Company.
You understand that we can cancel a listing at any time and for any reason in our sole and absolute discretion, including without limitation, if the website ceases to exist or is shut down, voluntarily or involuntarily.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
ď‚· Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
ď‚· You may store files that are automatically cached by your Web browser for display enhancement purposes.
ď‚· You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
ď‚· If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
ď‚· If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
ď‚· Modify copies of any materials from this site.
ď‚· Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
ď‚· In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
ď‚· For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
ď‚· To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
ď‚· To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
ď‚· To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
Additionally, you agree not to:
ď‚· Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
ď‚· Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
ď‚· Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
ď‚· Use any device, software, or routine that interferes with the proper working of the Website.
ď‚· Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
ď‚· Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
ď‚· Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
ď‚· Otherwise attempt to interfere with the proper working of the Website.
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings.
You represent and warrant that:
ď‚· You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Monitoring and Enforcement; Termination
We have the right to:
ď‚· Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
ď‚· Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
ď‚· Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
ď‚· Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
ď‚· Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
ď‚· Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
ď‚· Be likely to deceive any person.
ď‚· Promote any illegal activity, or advocate, promote, or assist any unlawful act.
ď‚· Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
ď‚· Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
ď‚· Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.
ď‚· Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
This Website may provide certain social media features that enable you to:
ď‚· Link from your own or certain third-party websites to certain content on this Website.
ď‚· Send emails or other communications with certain content, or links to certain content, on this Website.
ď‚· Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
ď‚· Establish a link from any website that is not owned by you.
ď‚· Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
ď‚· Link to any part of the Website other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the state of Missouri in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Waiver and Severability
Your Comments and Concerns
This website is operated by Main Street DVC, LLC.
All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: