Terms of Use

Disclaimer:
INFORMATION CONTAINED IN THIS WEB SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TIMESHARELIFESTYLE.COM DOES NOT WARRANT THE CONTENT CONTAINED IN THESE PAGES WILL BE FREE FROM ERROR. TIMESHARELIFESTYLE.COM DISCLAIMS LIABILITY FOR AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR RESULTS OF THE USE OF MATERIALS IN THIS WEB SITE IN TERMS OF THEIR ACCURACY, RELIABILITY, OR OTHERWISE.

Terms and Conditions

For the purpose of these terms and conditions any party who transfers funds to TimeshareLifestyle.com shall be referred to as “Seller.” Seller, by advertising their interest in a timeshare (the Property) with TimeshareLifestyle.com (“us,” “we” or “our”) agrees to the following:

1. Scope of Authority. Seller hereby authorizes and grants to TimeshareLifestyle.com the non-exclusive right to advertise the Property for sale and/or for rent. The Seller acknowledges that this Property will be advertised for sale along with other properties, and in some circumstances, may compete with other properties advertised and other resale units advertised. TimeshareLifestyle.com’s authority hereunder shall be limited to advertising via “www.TimeshareLifestyle.com” the Property for sale and such activities as are necessary or incidental thereto. TimeshareLifestyle.com is a For-Sale-By-Owner advertising company that is not a real estate broker. The advertising program involves pooling advertising resources with those of other advertisers to maximize exposure to potential buyers or renters to bring them to the TimeshareLifestyle.com website. TimeshareLifestyle.com does not provide individual ads on 3rd party advertising mediums.

2. Ads are for 6 months, with renewal options available at discounted rates.

3. User agrees that it will not falsely or fraudulently attempt to reverse or charge back any credit card or check payment insofar as it is impossible absent direct third-party fraud to sign up and enroll for the TimeshareLifestyle.com advertising service without a valid credit card or bank ABA routing number or account number in hand and such personal information as is required to validate the use of the same.

4. If a Premier Advertisement is sold during the advertising period in any way other than through TimeshareLifestyle.com at the original price listed on your ad with us, TimeshareLifestyle.com will refund your advertising fee in full. Upgrading or trading your property for equity towards another property does not qualify as a sale. Otherwise, the fee is non-refundable.

5. Some closings may incur additional costs because of high recording fees, complex tax forms (e.g. Hawaii, New York,) resort transfer fees, courier fees and/or other unusual expenses.

6. No Guarantees Regarding Sale. The Seller understands that no one at or on behalf of TimeshareLifestyle.com has guaranteed the Property may be sold at any particular price and/or within any particular period of time.

7. TimeshareLifestyle.com‘s Marketing Obligations. TimeshareLifestyle.com does not expressly undertake the obligation of advertising the specific unit number and/or week of the Property, unless so indicated by TimeshareLifestyle.com. As TimeshareLifestyle.com is a timeshare advertiser, the owner understands that TimeshareLifestyle.com has no obligation to show the property under the advertising agreement. TimeshareLifestyle.com’s sole marketing duty is to advertise the Property on its web site. However, TimeshareLifestyle.com will provide additional advertising services at the request of the Seller for an additional fee mutually agreed upon in writing and signed by both parties.

8. Seller’s Duties. The Seller agrees to notify TimeshareLifestyle.com in writing within 48 hours of the acceptance of any offer or sale or exchange so the ad may be deleted. The Seller retains full responsibility for the Property, including all taxes, maintenance fees, assessments and liability over the life of these terms, conditions and the sales contract period. Seller agrees to indemnify and hold harmless TimeshareLifestyle.com for damages resulting from a failure by Seller to abide by these terms. Seller agrees to notify TimeshareLifestyle.com within 5 days after the receipt of the Welcome Package of any errors within the package purchased or advertisement.

9. Property Verification. The Seller hereby understands the verification of Property information is a time consuming and costly process, but a necessary process to sell the property.

10. Notification of Inquiries. Any inquiries received through TimeshareLifestyle.com will be submitted directly to the Seller via email or text message. In the event that a Seller does not receive an inquiry sent via email or text, an employee of TimeshareLifestyle.com may contact the Seller via phone to convey the inquiry.

11. Cancellation Rights. The Seller has the right to cancel these terms and conditions within 7 days of payment. Seller shall cancel the agreement by sending a written notice, (via certified mail with a return receipt requested) to TimeshareLifestyle.com specifically identifying these terms and conditions. The cancellation shall be effective upon receipt by TimeshareLifestyle.com.

12. Closing. Closing shall occur at the earliest practicable date. Seller understands that the closing process is a time-consuming one and that TimeshareLifestyle.com makes no guarantee on the amount of time it will take to close.

13. Seller Warranties. The Seller warrants Seller represents all of the record owners of the Property. The Seller warrants that s/he has marketable title and has an established right to sell or exchange the Property. If the Property is a deeded interest, the Seller agrees to convey clear and marketable title by General Warranty Deed at closing. If Property is a Right to Use interest, the Seller agrees to convey property with all applicable resort fees paid. Seller acknowledges at closing s/he must discharge all liens including, but not limited to, existing deeds of trust, tax judgment liens, maintenance dues and assessments, including interest, penalties and fees. In the event the proceeds of the sale are insufficient to cover Seller’s obligations, Seller shall provide sufficient monies to discharge all liens and other charges.

14. Professional Advice. TimeshareLifestyle.com is trained in the marketing of timeshare properties. TimeshareLifestyle.com is not trained to provide the Seller or any prospective buyer with legal or tax advice, with technical advice regarding the physical condition of the Property, or with an appraisal of the fair market value of the Property. If legal advice is needed, Seller agrees to obtain counsel independently of these terms and conditions.

15. Duties of TimeshareLifestyle.com. TimeshareLifestyle.com and any agent employed by TimeshareLifestyle.com shall promote the interests of the Seller by performing the terms of these terms and conditions. The Title Company handling the sale shall present an accounting for all money and property received in which the Seller has or may have an interest.

16. Benefit. These terms and conditions shall be binding upon the parties, their legal representatives, successors and assigns. Each party, in furtherance thereof, shall execute all documents necessary to effectuate the purposes of these terms and conditions, but the failure to execute such will not affect the rights of any party.

17. No Third Party Rights. Notwithstanding anything herein to the contrary, nothing in these terms and conditions shall be deemed as creating any third-party or creditor rights of any nature or as conferring any rights of any nature upon any third-party or creditor.

18. Choice of Law. These terms and conditions shall be governed by and construed under the laws of the State of Florida, without regard to any choice of law provisions thereof which would result in the laws of any other jurisdiction being applied for any purpose. The Seller agrees that, for purposes of resolving disputes that arise out of or are related to these terms and conditions, the exclusive forum shall be the Circuit Court of Pinellas County Florida and the United States District Court for the Middle District of Florida. The Seller agrees to reimburse the TimeshareLifestyle.com for all its costs and reasonable attorney fees to enforce these terms and conditions or seek remedies for breach of these terms and conditions. Seller agrees to have sufficient opportunity for review; therefore, any ambiguity found herein shall not be construed against either party.

19. Waiver. Waiver of any breach of a provision of these terms and conditions shall not constitute a waiver of any subsequent breach. No such waiver is effective unless in writing, nor is it applicable except in the specific instance for which it is given.

20. Severability. The invalidity or unenforceability of any particular provision of these terms and conditions shall not affect the other provisions hereof, and the terms and conditions shall be construed in all respects as though such invalid or unenforceable provisions were omitted.

21. Liability. Under no circumstances, shall TimeshareLifestyle.com, its representatives or its agents be liable for any damages, direct, special, incidental, consequential, punitive or exemplary or otherwise, that result from the use of, or the inability to use, the content on this web site, even if TimeshareLifestyle.com or an authorized representative of TimeshareLifestyle.com has been advised of the possibility of such damages.

By using this site, you understand, acknowledge and agree to the following: Timeshare Lifestyle is NOT a broker or seller of timeshares. We provide advertising and related resale services only. In addition, Timeshare Lifestyle is NOT a telemarketing company. Timeshare Lifestyle has not solicited or initiated contact with you. By using this site, you are initiating contact with Timeshare Lifestyle and expressing an interest in purchasing our services. We do not offer any gifts, awards or prizes. Nothing in this website constitutes a commercial telephone solicitation. Thank you for reviewing and accepting these terms.