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Consumer alert!We are not involved in resales & anyone contacting people on behalf of timeshareAdvisor is doing so illegally.


+++ TERMS OF USE
+++ TIMESHAREADVISOR REVIEWCONNECT AGREEMENT

Terms of Use

1. ACCEPTANCE OF TERMS
Timeshare Rating, LLC (timeshareAdvisor) owns and operates the website www.timeshareadvisor.com (Site). The Site, together with the content, tools, and information sharing (including user generated content, User Content) and other services available at the Site are collectively referred to as the Service.

The following are the current terms and conditions for use of the Service. The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein (Terms of Use). The Terms of Use shall be deemed to include all other operating rules, policies and procedures that are referred to herein or that may otherwise be published at the Site by timeshareAdvisor from time to time (collectively, Policies), including without limitation, Policies that may be published in respect of:

IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO ENTER INTO THIS AGREEMENT, THEN DO NOT USE THE SERVICE. COMPLETING THE REGISTRATION PROCESS, OR OTHERWISE ACCESSING OR USING ALL OR ANY PART OF THE SITE OR SERVICE WILL CONSTITUTE ACCEPTANCE AND CREATE A LEGALLY ENFORCEABLE CONTRACT UNDER WHICH YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF USE, WITHOUT MODIFICATION.

2. CHANGES
timeshareAdvisor reserves the right, at its sole discretion, to modify or replace the Terms of Use (including any Policy), in whole or in part, at any time. timeshareAdvisor will use reasonable efforts to notify Users of any material change at least 30 days in advance of the effective date of any change. Change notices may be communicated by postings at the Site or, in the case of registered members, email. In any case, Users should periodically check the Terms of Use for changes. Continued use of the Service following such notice of any change to the Terms of Use constitutes User's acceptance of those changes.

3. ELIGIBILITY
You must be at least 18 years of age to visit the Site and use the Service. If you do not so qualify, you are prohibited from accessing, using and registering for the Service. timeshareAdvisor will not collect personally identifiable information from any person that is actually known to us to be a child under the age of 18. If timeshareAdvisor is alerted that a User is under the age of 18, timeshareAdvisor will take steps to remove the User’s content and terminate his/her account.

The term Users includes all registered and unregistered users that access or use the Site or any other aspect of the Service. timeshareAdvisor may refuse to offer or continue offering the Service to any person and may change its eligibility criteria from time to time.

4. REGISTRATION
To ensure the integrity of the Service, each User who completes the account registration process must provide timeshareAdvisor with current, complete and accurate information, as more specifically required by the then current registration procedures. By way of illustration and not limitation: to register, Users may be required to provide their name and location (city and country), screen name, password, legitimate email address and certain additional information (such as, for example, preferred contact method and products, services of interest, and certain information about timeshare preferences and ownership); and in order to obtain certain aspects of the Service, Users may also elect to provide access information related to their accounts at social networking and other third party sites (such as, for example, Twitter and Facebook). Users shall maintain and update their registration data from time to time, to ensure that it is always current, complete and accurate. timeshareAdvisor may refuse to accept any User's application to register in its sole discretion. User application and registration are subject to additional requirements in Section 6.

Upon acceptance, timeshareAdvisor will provide access credentials to the User. Each User is solely responsible for maintaining the confidentiality of its access credentials and other account information, and will be solely liable for any and all activities under its account. User shall be responsible for keeping all account information up-to-date. User agrees to notify timeshareAdvisor immediately of any unauthorized use of User's account or any other breach of security.

5. PRIVACY
timeshareAdvisor’s current Privacy Policy is available at http://timeshareadvisor.com/PrivacyPolicy, which shall apply to any use of the Site, or other aspect of the Service.
timeshareAdvisor will use User's social networking account information only for the purpose of providing the Service and will not otherwise attempt to obtain information from (or post information using) such accounts.

6. USER RULES AND CONDUCT
Except as provided in Section 6A (Resort Users) the Site and all other aspects of the Service are provided to users only for their personal, non-commercial use. Any unauthorized use of the Service (including without limitation, accessing any aspect of the Service for which the User is not authorized, or any commercial use not expressly permitted in the Terms of Use, such as, for example, reselling any content, or information to third parties) is expressly prohibited. Each User is solely responsible for all acts or omissions that occur under its account, username or password, including User Content posted to or transmitted via the Service.

As a condition of use, each User hereby promises that it will not use the Service for any purpose that is unlawful, commercial in nature (such as, for example, raising money for anyone, advertising or promoting any product, service, pyramid scheme or other venture) or prohibited by the Terms of Use or any other purpose not reasonably intended by timeshareAdvisor. User agrees to abide by all applicable local, state, national and international laws, regulations and rules. Without limiting the foregoing, Users shall not use the Service for the purpose of money laundering, price fixing or other unlawful collusion, or exchange of competitively sensitive data or information.

By way of example, and not limitation, each User agrees not to (a) take any action or (b) upload, post, submit or otherwise distribute or facilitate distribution of any User Content (including text, communications, software, photographs, videos, sound recordings, data or other information) using any communications service, directory, feedback, or other service available on or through the Service, in any manner, that:

  • is not accurate;
  • contains obscenities or discriminatory language;
  • contains critical or spiteful comments about other reviews or other members;
  • is in return for payment, compensation, or consideration of any type;
  • is unlawful, deceptive, misleading, fraudulent, threatening, abusive, harassing, libelous, invasive of another's privacy, tortious, obscene, profane, in poor taste, or which otherwise violates the Terms of Use;
  • infringes any patent, trademark, trade secret, copyright, right of publicity, privacy right or other right of any party;
  • reveals any personal information about another individual, including another person's name, location, or email address, that could be used to track, contact or impersonate that person;
  • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming"), chain letters or any form of lottery or gambling;
  • references other websites, addresses, email addresses, contact information or phone numbers;
  • features ads, “spam” content or reference to other websites, products or offers including timeshare rentals or resales;
  • imposes an unreasonable or disproportionately large load on timeshareAdvisor's computing, storage or communications infrastructure, or attempts to gain unauthorized access to the Site or other aspects of the Service, other accounts, computer systems or networks connected to the Service, through password mining or otherwise;
  • contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware or network system or to damage or obtain unauthorized access to any system, data or other information of timeshareAdvisor or any third party;
  • creates User accounts by any automated means or under false or misleading pretenses;
  • harvests, scrapes or collects any information from the Site;
  • seeks to solicit information from or about minors;
  • disguises the source of User Content posted by User; or
  • impersonates any person or entity, including any employee or representative of timeshareAdvisor or other Site Affiliate.

timeshareAdvisor may, at its sole discretion, immediately suspend or terminate any User's access to the Service should its conduct fail (or appear to fail) to strictly conform to any provision of this section.

Ratings and reviews are generally posted within three business days of submission. However, timeshareAdvisor reserves the right to remove or to refuse to post any submission for any reason. None of the content that you submit shall be subject to any obligation of confidence on the part of timeshareAdvisors, its agents, subsidiaries, affiliates, partners or any third party service providers and their respective directors, officers and employees.

6A. RESORT USERS

Users which own/operate resorts and create user accounts to claim their listings and provide information about their resorts are expressly permitted such commercial use.

7. CONTENT
timeshareAdvisor has no obligation to monitor the Service or any User’s use thereof. However, timeshareAdvisor reserves the right at any time and without notice to monitor, review, retain or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request or investigation (including law enforcement).

timeshareAdvisor does not undertake to authenticate, validate, moderate or edit any User Content. However, timeshareAdvisor and its agents have the right, at their sole discretion, to remove in whole or in part, at any time, any User Content that, in timeshareAdvisors's judgment, does not comply with the Terms of Use, or otherwise appears harmful, objectionable or inaccurate. timeshareAdvisor is not responsible for any failure or delay in removing any such content. For further guidance as to appropriate User Content, please review the current guidelines for Writing a Review, which are available at USER RULES AND CONDUCT.

User shall not post any confidential content or other information that it desires to keep secret.

8. THIRD PARTY SITES
The Service may permit Users to access the Service from and to link from the Service to other websites on the Internet and mobile applications. These other websites and mobile applications are not under timeshareAdvisor's control, and User acknowledges and agrees that timeshareAdvisor is not responsible for the accuracy, legality, appropriateness or any other aspect of the content or function of such websites and mobile applications. The inclusion of any such link does not imply endorsement of the website or mobile application by timeshareAdvisor or any association with its operators. Additional or different terms and conditions may apply when Users are accessing and using such other websites and mobile applications.

9. PARTICIPATION IN PROMOTIONS OF AFFILIATES
Any dealings by Users with advertisers and other vendors (collectively, Site Affiliates) via the Service, or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between the User and Site Affiliate or other third party. timeshareAdvisor is not responsible or liable for any part of any such dealings or promotions. The Service may include advertisements for timeshareAdvisor and third parties, which may be displayed adjacent to or included with User Content, or which may include User Content. User is not entitled to any compensation for any such advertisement or information.

10. PROPRIETARY RIGHTS
User acknowledges and agrees that the Site, Service and all content and materials created by or for timeshareAdvisor and made available on the Site or otherwise via the Service are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, and timeshareAdvisor (and its licensors) shall own and retain all rights, title and interests (including all intellectual property and proprietary rights) therein and thereto. Unless and only to the extent expressly authorized by timeshareAdvisor, each User agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of the Site, the Service or such content and materials. However, unless the Service otherwise restricts the User from doing so, User may print or download a reasonable number of copies of the materials or content from the Site for the User's personal, noncommercial purposes; provided, that User retains all copyright and other proprietary notices contained therein. Systematic retrieval of data or other content from the Site by any User to create or compile, directly or indirectly, a collection, database or directory is strictly prohibited without timeshareAdvisor's express prior written permission.

IMPORTANT: If User desires to make any use of any Site content for any purpose other than personal, noncommercial reference, then User shall first secure permission from the owner of that content.

Reproducing, copying or distributing any content, materials or design elements from the Site for any other purpose is strictly prohibited without timeshareAdvisor's express prior written permission. Attempting to access or use the Site or other aspect of the Service, or any content or materials, for any purpose not expressly permitted in the Terms of Use is prohibited.

11. LICENSE OF USER CONTENT TO TIMESHAREADVISOR
By uploading, posting, submitting or otherwise distributing User Content of any kind to the Site or other aspect of the Service, each User hereby:

  • agrees to grant and does hereby grant to timeshareAdvisor and its affiliates and licensees a non-exclusive, transferable, perpetual, irrevocable, royalty-free, worldwide right and license to: use, reproduce, publicly display, publicly perform, adapt, collect, modify, delete from, distribute, transmit, promote and make derivative works of the User Content, in any form, solely for the purposes of offering, providing, marketing, advertising and promoting the Site and other aspects of the Service (including without limitation, being exported under content sharing arrangements with other websites); and to permit third parties to use User Content; and
  • represents and warrants that all User Content includes appropriate attribution to the copyright owner; and
  • represents and warrants to timeshareAdvisor that User owns or otherwise controls all rights to such User Content and that public disclosure and use of the User Content by timeshareAdvisor (including without limitation, publishing content at the Site) will not infringe or violate the rights of any third party; and
  • acknowledges and agrees that the User Content is intended to and will be made available to, and used by timeshareAdvisors and other Users.
    IMPORTANT: User agrees that he or she will not contribute any User Content unless User has all of the rights (including rights from the copyright owner) necessary to grant timeshareAdvisor the use license, and to satisfy all of the warranty requirements, described above.

12. LICENSE OF FEEDBACK TO TIMESHAREADVISOR
timeshareAdvisor encourages feedback, ideas, suggestions and recommendations from Users regarding corrections, improvements and extensions to the Site and other aspects of the Services (collectively, Feedback). If User provides any Feedback to timeshareAdvisor in any form or by any means (whether through the Site or by direct communication (e.g., email) with timeshareAdvisor or any of its officers, directors, employees, representatives, agents or Site Affiliates):

  • User represents and warrants that the Feedback does not include any confidential or proprietary information of any third party;
  • User acknowledges and agrees that timeshareAdvisor is under no obligation of confidentiality, express or implied, with respect to the Feedback; and
  • User agrees to grant and does hereby grant to timeshareAdvisor a non-exclusive, transferable, perpetual, irrevocable, royalty-free, worldwide right and license to use, modify and make derivative works of the Feedback, in any manner and for any purpose, and to permit third parties to do the same.

13. TERMINATION
timeshareAdvisor may terminate any User's access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If User wishes to terminate its registration and account, User may do so at any time by sending an email to members@timeshareadvisor.com that includes User's email address.

Upon any termination, all rights and obligations of the parties shall cease and User shall immediately cease using the Service, except that (a) all obligations that accrued prior to the effective date of termination (including without limitation, all payment obligations) and all remedies for breach of the Terms of Use shall survive and (b) the provisions of Sections 9 – 21 shall survive. After termination, timeshareAdvisor has no obligation to maintain any content in User's account or to forward any unread or unsent messages to User or any other User or third party.

14. DISCLAIMER OF ALL WARRANTIES
THE SITE AND OTHER ASPECTS OF THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE". THE SITE AND OTHER ASPECTS OF THE SERVICE ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. TIMESHAREADVISOR AND ITS AFFILIATES, LICENSORS AND SUPPLIERS DO NOT WARRANT THAT: (A) ANY INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR CORRECT; (B) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) ANY RESULT OR OUTCOME CAN BE ACHIEVED. USER’S USE OF THE SERVICE IS SOLELY AT ITS OWN RISK.

15. LIMITATION OF LIABILITY
User agrees that timeshareAdvisor shall not be responsible or liable for any unauthorized access to, alteration or use of User's account, transmissions or data, any material or data sent or received or not sent or received through the Service. User agrees that timeshareAdvisor is not responsible or liable for any threatening, defamatory, obscene, offensive, illegal or other content or conduct of any third party or any infringement of another's rights, including intellectual property rights.

IN NO EVENT SHALL TIMESHAREADVISOR (OR ITS AFFILIATES, LICENSORS AND SUPPLIERS) BE LIABLE CONCERNING ANY SUBJECT MATTER RELATED TO THE SITE OR OTHER ASPECTS OF THE SERVICE regardless of the form of any claim or action (whether in CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), for any (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY of data, loss or interruption OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS or SERVICES, (C) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, OR (D) damages, IN THE AGGREGATE, in excess of Amounts PAID TO TIMESHAREADVISOR BY USER (AND RETAINED BY TIMESHAREADVISOR HEREUNDER DURING THE PREVIOUS 12-MONTH PERIOD) OR USD $50.00, WHICHEVER IS GREATER, EVEN IF TIMESHAREADVISOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.
SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

16. INDEMNIFICATION
User agrees to (a) defend timeshareAdvisor and its employees, contractors, officers, directors agents and representatives against any action or suit by a third party that arises out of any transaction with any Site Affiliate or other User in which User is involved, User’s use or misuse of the Service, or User’s breach of any of its representations, warranties or covenants under this Agreement and (b) indemnify timeshareAdvisor for settlement amounts or damages, liabilities, costs and expenses (including reasonable attorneys’ fees) awarded and arising out of such a claim. timeshareAdvisor reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, in which event User will assist and cooperate with timeshareAdvisor in asserting any available defenses.

17. INTERNATIONAL USE
timeshareAdvisor makes no representation that the Service is appropriate or legally available for use in locations outside the United States, and accessing and using the Service is prohibited from territories where doing so would be illegal. Users that access the Service from other locations do so at their own initiative and are responsible for compliance with local laws.

18. DISPUTES; CHOICE OF LAW AND FORUM
A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. User and timeshareAdvisor agree that any claim or cause of action arising out of or related to the Service must commence within one (1) year after the claim or cause of action arose; otherwise, such cause of action is permanently barred.

The Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida, excluding its conflicts of law rules, and the United States of America. In the event of any conflict between US and foreign laws, rules and regulations, US laws, rules and regulations shall govern. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the Terms of Use. User expressly agrees that the exclusive jurisdiction for any claim or action arising out of or relating to the Terms of Use or use of the Site or Service shall be filed only in the state of Florida, USA, and User further agrees and submits to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation, this section.

19. INTEGRATION AND SEVERABILITY
The Terms of Use (including the Policies) are the entire agreement between User and timeshareAdvisor with respect to access, use and operation of the Site and other aspects of the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between User and timeshareAdvisor with respect to the Service. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable.

20. GENERAL PROVISIONS
User's rights and obligations under the Terms of Use are personal to User, and are not assignable, transferable or sub-licensable by User except with timeshareAdvisor's prior written consent. timeshareAdvisor may assign, transfer or delegate any of its rights and obligations hereunder without consent. All waivers, consents and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment relationship is created as a result of the Service or Terms of Use, and neither party has any authority of any kind to bind the other in any respect. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

21. COPYRIGHT AND TRADEMARK NOTICES
All content provided by timeshareAdvisor is copyright Timeshare Rating, LLC. and/or its licensors or suppliers. Any rights not expressly granted herein are reserved.

The names and logos of companies and products mentioned at the Site may be the trademarks of their respective owners. Timeshare Rating, LLC makes no claim to any trademarks or service marks other than its own.

22. COPYRIGHT POLICY.
timeshareAdvisor has adopted the following policy toward copyright infringement with respect to the Service in accordance with the Digital Millennium Copyright Act (Pub. L. No. 105-304, 112 Stat. 2860 (Oct. 28, 1998)), a summary of which that was prepared by the U.S. Copyright Office is located at http://lcweb.loc.gov/copyright/legislation/dmca.pdf.

The address of timeshareAdvisor's Designated Agent to Receive Notification of Claimed Infringement (the Designated Agent) is listed at the end of this Copyright Policy.
timeshareAdvisor will (1) disable access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any user; and (2) terminate the account and access to the Service of any repeat offender. This policy applies to all aspects of all Services provided by timeshareAdvisor via the Site.

Reporting Copyright Infringements

If you believe that material or content residing or accessible on the Service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent:
1. Specific identification of the Site or other aspect of the Service to which the notice pertains.
2. Identification of the work or material being infringed.
3. Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that timeshareAdvisor is capable of finding and verifying its existence.
4. Contact information about the notifying party (the Notifying Party), including name, address, telephone number and e-mail address.
5. A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
6. A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
7. The Notifying Party's physical or electronic signature.

Responding to Complaints

After notification of an alleged infringement is received by the Designated Agent:
1. timeshareAdvisor will remove or disable access to the allegedly infringing material.
2. timeshareAdvisor will then immediately notify the user responsible for the allegedly infringing material (the Offending User) that it has removed or disabled access to the material.
3. If the Offending User is a repeat offender, timeshareAdvisor will immediately terminate such user's account and access to the Service in addition to removing the infringing material.

Right to Dispute

If the Offending User disputes the claim of infringement, the Offending User may send a counter-notice containing the following information to the Designated Agent:
1. Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled.
2. A statement that the Offending User has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material.
3. The Offending User's contact information, including name, address, telephone number and e-mail address.
4. A statement that the Offending User consents to the jurisdiction of the Federal Court for the judicial district in which the Offending User's address is located, or if the Offending User's address is located outside the United States, for any judicial district in which timeshareAdvisor is located, and that the Offending User will accept service of process from the Notifying Party.
5. The Offending User's physical or electronic signature.
If such counter-notice is received by the Designated Agent, timeshareAdvisor will send a copy of the counter-notice to the Notifying Party informing them that timeshareAdvisor may replace or restore access to the material in question. Unless the copyright owner thereafter files an action seeking a court order against the Offending User, and timeshareAdvisor has actual knowledge of such filing, then the material will be replaced or access to it restored in 10 to 14 business days after receipt of the Offending User's counter-notice.

Designated Agent to Receive Notification of Claimed Infringement
John R. Crawford, Esq.
Marks Gray PA
Timeshare Rating, LLC
ATTN: Copyright Policy
1200 Riverplace Boulevard
Suite 800
Jacksonville, FL 32207
USA

TIMESHAREADVISOR REVIEWCONNECT AGREEMENT

This Agreement is entered into as of the last date set forth (the “Effective Date”) based on the request for a reviewconnect ID via the timeshareAdvisor.com web site. This agreement is by and between Timeshare Rating, LLC dba timeshareAdvisor (“TA”), a Florida limited liability company, whose business address is P.O. Box 405, Kill Devil Hills, NC 27948 and Licensee (“Licensee”). The Licensee is defined as any party whom installs reviewconnect HTML code on a web site.

Recitals:

TA provides a website on which resort owners may post and promote their resorts, and on which users may post comments, photos, and reviews about the properties;

TA licenses proprietary software to other timeshare industry websites enabling their users to post reviews to their websites, subject to TA’s monitoring, and which also posts those same reviews on TA’s website (the “Software”);

TA uses reasonable best efforts to monitor, review and screen user submissions to eliminate inappropriate language, photos, and other content prior to posting (the “Services”);

Licensee would like to include customer reviews on its website, and TA would like to provide that capability and service to Licensee; and

TA would like the Licensee customer reviews to appear on its timeshare review website, and Licensee consents to such use.

Agreement:

Section 1 - Software
1.1 License Grant. TA grants to Licensee a non-transferable and non-exclusive license to install and use the Software for the term set forth in Section 6 below. The Software is the property of TA, and TA shall retain full title and all ownership rights in and to the Software.

1.2 License Fee. There is no fee for Licensee to use the Software during the Initial Term as defined in Section 6. TA reserves the right to charge a license fee any time after the Initial Term, and will provide forty-five (45) days written notice of any such fee.

Section 2 - Services
2.1 Functionality.

2.1.1. The Software function enabling users to enter reviews and comments and to read reviews and comments will present and be maintained in a professional appearance with high quality functionality. The review feature is intended to be available and functional 24 hours/day, 7 days/week, and it is understood that this availability may be limited or disrupted in unusual circumstances.

2.1.2. In addition to posting the user reviews on Licensee’s website, the same reviews will also appear on TA’s website with attribution to Licensee.

2.2 TA Screening:

2.2.1. TA uses its reasonable best efforts to monitor, screen and post customer reviews generally within two business days of the customer filing the review. TA’s reasonable best efforts are designed to screen out postings that may contain nudity, pornography, bullying, hate speech, or that it determines in its sole discretion are detrimental to or not consistent with the professional character and nature of the TA website.

2.2.2. TA does not screen for and assumes no liability for any claims of infringement or misappropriation of intellectual property. TA will promptly respond to any infringement complaints forwarded by Licensee and respond to the complaint and handle the posting in accordance with the Digital Millennium Copyright Act.

2.2.3. TA does not screen for inaccurate, false, fake, or fraudulent reviews, has no liability for any such postings, and will promptly respond to any complaints brought to its attention by Licensee. Prior to submitting reviews users will acknowledge they agree to TA’s Terms of Use which prohibit all of the above described activities. In addition, users will agree to TA’s privacy policy.

2.2.4. To maintain the integrity of the reviews TA only screens out negative reviews if they are contrary to the above restrictions, or if they otherwise violate TA’s Terms of Use.

Section 3 - Trademarks
3.1. TA’s Marks. TA grants to Licensee the right to publish and display on its website and in other promotional material TA’s trademarks in connection with the review services provided hereunder.

3.2. Licensee’s Marks. Licensee grants to TA the right to publish and display on its website and in other promotional material the Licensee’s mark in connection with reviews posted to TA’s site that are from user posts on Licensee’s site.

3.3 Quality Control. TA and Licensee each warrant that the marks that are licensed will not be displayed in any inappropriate or disparaging manner. Upon request either party will identify to the other all uses of the licensed marks, and will promptly comply with any requests to change, discontinue, or remedy any reported deficiencies.

Section 4 - Disclaimer of all Warranties
TA’s Software and Services are provided "as is," "as available," and without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, integration, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. TA and its affiliates, licensors and suppliers do not warrant that: (a) any information will be timely, accurate, reliable or correct; (b) the review functionality will be secure or available at any particular time or place; (c) any defects or errors will be corrected; (d) the review functionality will be free of viruses or other harmful components; or (e) any result or outcome can be achieved.

Section 5 - Limitation of Liability
In no event shall TA (or its affiliates, licensors and suppliers) be liable concerning any subject matter related to the Software or the Services regardless of the form of any claim or action (whether in contract, negligence, strict liability or otherwise), for any (a) matter beyond its reasonable control, (b) loss or inaccuracy of data, loss or interruption of use, or cost of procuring substitute technology, goods or services, (c) indirect, punitive, incidental, reliance, special, exemplary or consequential damages including, but not limited to, loss of business, revenues, profits or goodwill, or (d) damages, in the aggregate, in excess of amounts paid to TA by Licensee during the previous 6-month period or $50.00, whichever is greater, even if TA has been advised of the possibility of such damages. These limitations are independent from all other provisions of this agreement and shall apply notwithstanding the failure of any remedy provided herein.

Section 6 -Term and Termination
6.1 Term. Unless terminated earlier as provided herein, the term of this Agreement shall commence on the Effective Date and terminate six (6) months after the Effective Date (the “Initial Term”). Commencing on the next day the Agreement will continue on a month-to-month term which may be terminated by either party for any reason or no reason upon forty-five (45) days written notice (the “Monthly Term”)

6.2 Early Termination. This Agreement may be terminated by either party upon written notice to the other if the party on notice has committed a material breach of this Agreement and such material breach, to the extent capable of being cured, is not remedied to the satisfaction of the party providing notice within thirty (30) days after written notice of such breach is sent. Events of material breach shall include, without limitation the failure to comply with any written notices specifically identifying any breach of Section 3.3 quality control.

Section 7 – Miscellaneous
7.1 Entire Agreement. This Agreement contains the entire agreement between the parties with respect to its subject matter and supersedes any prior written or oral understandings between the parties regarding such subject matter.

7.2 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, excluding its conflicts of law rules.

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Recent Reviews

It was a nice experience.

The accommodations are nice and they have mostly everything you need is already supplied in the kitchen except the food. [more]

Perfect

My sister and a tennis group had a tournament to attend. I suggested we expand the trip to a week and I could get a VVV stay at Island Links. [more]

Wonderful!

We had a lot of fun and enjoyed our stay! The amenities could have been more, but we took advantage of every minute of our stay. The room was comfortable. [more]

Friendly and peaceful

No timeshare pitch. Nice pool and along lagoon there was thatched roof open enclosures and lounges looking out on lagoon. This place is kept immaculate. [more]

Hollywood Beach Tower has it all .

Missing are overhead fans to circulate air, no windows that open to air out the units, no jacuzzi in room either, no vents in the bathrooms, and Important ! The pool is very [more]

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