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Disclaimer
We are not involved in the actual transaction between buyers
and sellers. Instead, our site acts as an advertising source,
to allow anyone, of legal age and ownership, to offer for
rent, or sell, and to buy or rent, a privately owned or
company owned timeshare unit, at anytime, from anywhere,
in a variety of formats, including a fixed price format
and an auction-style format. As a result, we have no control
over the quality, safety or legality of the items advertised,
the truth or accuracy of the listings, the ability of sellers
to sell items or the ability of buyers to buy items. We
cannot ensure that a buyer or seller will actually complete
a transaction.
Because user authentication on the Internet is difficult,
Resort Solutions, Inc. cannot and does not confirm each
user's purported identity. Thus, we have established a user-initiated
feedback system to help you evaluate with whom you are dealing.
We also encourage you to communicate directly with potential
trading partners through the tools available on our Site.
You may also wish to consider using a third party escrow
service or services that provide additional user verification.
Because we are not involved in the actual transaction between
buyers and sellers, in the event that you have a dispute
with one or more users, you release Resort Solutions, Inc.
(and our officers, directors, agents, subsidiaries and employees)
from claims, demands and damages (actual and consequential)
of every kind and nature, known and unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or
in any way connected with such disputes.
You are obligated to complete the transaction with the
seller or renter if you purchase or rent a timeshare offering
through one of our fixed price rental or purchase classified
offerings.
WE AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES
"AS IS" AND WITHOUT ANY WARRANTY OR CONDITION,
EXPRESS, IMPLIED OR STATUTORY. WE AND OUR SUPPLIERS SPECIFICALLY
DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some
states do not allow the disclaimer of implied warranties,
so the foregoing disclaimer may not apply to you. This warranty
gives you specific legal rights and you may also have other
legal rights that vary from state to state.
OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU
OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE
GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12
MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND
(B) $100. Some States do not allow the exclusion or limitation
of incidental or consequential damages, so the above limitation
or exclusion may not apply to you.
You agree to indemnify and hold us and (as applicable)
our parent, subsidiaries, affiliates, officers, directors,
agents, and employees, harmless from any claim or demand,
including reasonable attorneys' fees, made by any third
party due to or arising out of your breach of this Agreement
or the documents it incorporates by reference, or your violation
of any law or the rights of a third party.
You shall comply with all applicable domestic and international
laws, statutes, ordinances and regulations regarding your
use of our service and your offers on, listing, purchase,
solicitation of offers to purchase, and sale of items.
You and Resort Solutions, Inc. are independent contractors,
and no agency, partnership, joint venture, employee-employer
or franchiser-franchisee relationship is intended or created
by this Agreement.
Use of Material On the Resort Solutions,
Inc. Web Site
The information, artwork, text, video, audio, or pictures
(collectively, "Materials") contained on the Resort
Solutions web site are protected by copyright laws.
You may print Materials on the Resort Solutions web site
for personal or educational purposes only, and you must
include any copyright notice originally included with the
Materials in all copies.
Any computer software downloadable or otherwise available
from the Resort Solutions web site site is licensed subject
to the terms of the applicable license agreement.
The Materials included on the Resort Solutions web site
have been compiled by Resort Solutions from a variety of
sources, and are subject to change without notice.
Sites Linked From the Resort Solutions
Web Site
The sites linked from the Resort Solutions web site are
not under Resort Solutions control, and Resort Solutions
does not assume any responsibility or liability for any
communications or materials available at such linked sites.
Disclaimer of Warranty and
Service User Agreement
The services, information or data (collectively, "Services")
made available at the Resort Solutions web site are provided
"AS IS", without warranties of any kind. Resort
Solutions expressly disclaims any representations and warranties,
including without limitation, the implied warranties of
merchantability and fitness for a particular purpose. Resort
Solutions shall have absolutely no liability in connection
with the services including without limitation, any liability
for damage to your computer hardware, data, information,
Materials and business resulting from the Services
or the lack of information available on the Resort Solutions
web site.
This Web Service is available "as is." We
do not warrant that this Service will be uninterrupted
or
error-free. There may be delays, omissions, interruptions
and inaccuracies in the news, information or other materials
available through this Service. We are not responsible
for the availability or content of other services that
may be linked to this Service. We do not make any warranties,
express or implied, including without limitation, those
of merchantability and fitness for a particular purpose,
with respect to this Service or any information or goods
that are available or advertised or sold through this Service.
We do not make any representations, nor do we endorse the
accuracy, completeness, timeliness or reliability of any
advice, opinion, statement or other material or database
displayed, uploaded or distributed in this Service or available
though links in this Service. We reserve the right to correct
any errors or omissions in this Service. Although we intend
to take reasonable steps to prevent the introduction of
viruses, worms, "Trojan horses" or other destructive
materials to this Service, we do not guarantee or warrant
that this Service or materials that may be downloaded from
this Service do not contain such destructive features.
We are not liable for any damages or harm attributable
to such features. If you rely on this Service and any materials
available through this Service, you do so solely at your
own risk.
Resort Solutions, Inc., and its officers,
directors, managers, employees, parent, subsidiaries,
affiliates, agents, or licensors are not liable for incidental,
indirect, consequential, special, punitive, or exemplary
damages of any kind, including lost revenues or profits,
loss of business or loss of data, in any way related to
this Service or for any claim, loss or injury based on
errors, omissions, interruptions or other inaccuracies
in this Service (including without limitation as a result
of breach of any warranty or other term of this Agreement).
Any claim against us shall be limited to the amount you
paid, if any, for use of this Service.
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