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.