Terms Of Services

 

Terms Of Services

 

Your access to and use of this website is governed by the following terms and conditions.  Please read them carefully as they constitute a legally binding agreement applicable to all users of this website.  This agreement requires the use of arbitration on an individual basis to resolve disputes.  If you do not agree with these terms, you should refrain from using this website.

This website is not intended for users residing in the European Union and is not intended for distribution to, or use by, any person in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or that would subject us or our affiliates, directors, officers or employees to any registration or licensing requirement. By visiting this website, you agree that your access to and use of this website will be governed by the laws of the State of Florida, United States of America, and not by the laws of your local jurisdiction. 

Last Updated:  August 17, 2018

Welcome to our website which is operated by VP Resales, LLC and Vacation Property Resales, Inc. (referred to as “Operator,” “we,” “us” or “our”).  These Terms of Services govern your use of www.sellatimeshare.com and other websites owned by Us upon which these Terms of Services are linked (“Website”).

The Website contains information, statements, tools, articles, features, functionality, software and services (collectively, the “Content”) we believe instrumental in providing Sellers and Buyers with an effective online timeshare marketplace.  When we refer to “Sellers,” we mean people who have purchased an advertisement from us with the intent of selling and/or renting one or more timeshares that they own.   When we refer to “Buyers,” we mean people who wish to purchase and/or rent one or more timeshares.  When we refer to “Users,” “you” or “your”, we mean Sellers, Buyers and any other person who visits the Website for any reason whatsoever. 

MANDATORY AGREEMENT

Your use of this Website for any reason is conditioned upon these Terms of Services and our Privacy Notice (collectively, the “Agreement”).  You agree to be bound by this Agreement when you click to accept the Agreement (when this option is made available) or by actually using the Website or any of the Content.  You may not accept the Agreement, and by extension may not use the Website or any of the Content, if you (i) are not of legal age to form a binding contract, or (ii) are barred from using the Website or Content under the laws of the United States, or (iii) are barred from using the Website or Content under the laws of another country in which you are a resident or from which you are accessing the Website or Content.

Please note that we may modify this Agreement from time to time, with or without notice, pursuant to the terms hereof and each modification will become effective once posted.  You agree to review this Agreement each time you visit the Website to ensure that you understand your current rights and obligations under this Agreement.  We also suggest that you print or save a copy of this Agreement for your records.  If you utilize a translation of the English language version of this Agreement, you nonetheless agree that the English language version of the Agreement will govern in the event of any contradiction with the translation.  

You cannot opt out of, modify or choose not to be bound by any particular provision of this Agreement and still use the Website.  If you do not wish to accept the Agreement, you should discontinue use of the Website and any Content. 

WHO WE ARE

We are an internet advertising company.  Our goal is to create a marketplace that efficiently serves the needs of both Sellers and Buyers. We are NOT involved in any transaction between a Seller and a Buyer, even though we may from time to time provide tools that enable the transaction to occur.  As a result, we do not warrant or guarantee any part of an actual or potential transaction between a Seller and a Buyer, including the quality, safety or legality of the timeshare advertised, the truth or accuracy of the advertisement, the ability of a Seller to sell or rent a timeshare or the ability of a Buyer to buy or rent a timeshare.

We are NOT a licensed real estate broker.  Any inquiries about a timeshare are submitted via email and the Seller and the Buyer are responsible for negotiating any sale or rental of a timeshare.  We do not provide Sellers or Buyers with any brokerage services, including, but not limited to: appraising or providing professional guidance regarding the value of a timeshare; showing timeshares (other than posting advertisements on our Website); screening, qualifying or identifying Buyers or Sellers; forwarding any offers or counteroffers (other than those you automatically receive by email); advising as to offers received; participating in the negotiation of any sale or rental of a timeshare; providing Sellers or Buyers with any form of agreement, or completing an agreement, necessary to effectuate the sale or rental of a timeshare; or performing any actions related to a transfer of a timeshare, including the review of title, the request of estoppel letters, the escrowing of funds, and the acknowledgement of transfer by the timeshare resort’s owners association. 

We are NOT affiliated with any resort or resort developer.  We are an independent company that advertises timeshares located throughout the world, irrespective of who developed or manages the timeshare resort.      

PRIVACY

To understand our practices, please review our PRIVACY NOTICE. The Privacy Notice is incorporated as part of this Agreement and also governs your visit to this Website. You agree that we can use any data provided by you in accordance with the Privacy Notice.

USER CONDUCT

While the following describes some specific provisions applicable to all Users, you should review all the terms of this Agreement to ensure that you understand your rights and obligations hereunder.  

1. You agree that you will not engage in any activity that interferes with or disrupts the access to or functionality of the Website.

2. You agree to treat our employees respectfully. We will not tolerate, under any circumstances, any behavior that is abusive or offensive to any employee or representative of the Operator.

3. You agree not to access (or attempt to access) any of the Content by any means other than through the Website interface. You specifically agree not to access (or attempt to access) any of the Content through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file referenced in the Content from time to time.

4. You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Content for any purpose.

5. You agree that you are solely responsible for (and that Operator has no responsibility to you or to any third party for) any breach of your obligations under the Agreement and for the consequences (including any loss or damage which Operator may suffer) of any such breach.

6. You agree that Operator may stop (permanently or temporarily) providing the Content (or any features within the Content) to you or to Users generally at Operator’s sole discretion, without prior notice to you.

7. You acknowledge and agree that if Operator disables access to your account, you may be prevented from accessing the Content, your account details or any files or other content which is contained in your account.

8. We have the right, but not the obligation, to monitor the Content at all times, including any chat rooms and forums that may hereinafter become available, to determine your compliance with this Agreement.

9. You agree to use the Website and Content at your own risk. We assume no liability or obligation to take any particular measure to assist Users in avoiding potentially fraudulent or other illegal activity. In the event we do provide warnings or messages to Users about any such activity, we do not warrant that such messages are accurate or that such messages will reach any or all Users they should have reached in a timely manner or at all or that such messages or measures will prevent any harm, result or action. 

10. Consent for Calls and Texts to Your Mobile Phone Number. By providing your mobile telephone number to us, you give consent for us to contact you with marketing or other communications using an autodialer, prerecorded messages and/or text messages at the mobile telephone number you provided. You acknowledge that your consent is not required to purchase any goods or services. You may withdraw your consent at any time by calling us at (888) 879-7165 or sending us an email at info@sellatimeshare.com clearly indicating that you withdraw your consent and providing the number for which consent is withdrawn. Message and data rates may apply. If you provide your mobile number to participate in our text message program, additional SMS Terms and Conditions apply, which are incorporated herein by reference.

INTELLECTUAL PROPERTY

The Website, including the Content, is owned by the Operator or its licensors, and is protected under the copyright, trademark, data misappropriation, unfair competition, and other intellectual property laws of the United States and other countries as well as by international treaties and conventions.

Copyright

All content on this site is the property of the Operator or its licensors and protected by United States and international copyright laws.  The collective work and/or compilation of all content on the Website are the exclusive property of the Operator and are protected by U.S. and international copyright laws.  All software used on this site is the property of the Operator or its software suppliers and protected by United States and international copyright laws. 

Trademarks

The Website and the Operator’s graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of the Operator, and these trademarks and trade dress may not be used in connection with any product or service that is not owned or operated by Operator in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Operator.  All other trademarks not owned by Operator that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Operator.

License and Website Access

Operator grants you a limited license to access and make personal use of this Website and its Content.  This limited license does not permit you to download or modify it, or any portion of it, except with express written consent of Operator.  This license does not confer any right to: resell or commercially use the Website or any of its Content; collect and use of any advertisements, descriptions, or prices; derivative use of this Website or any of its Content; download or copy account information for the benefit of another person; or use data mining, robots, or similar data gathering and extraction tools.  Neither this Website nor any portion of its Content may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Operator.  You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Operator without express written consent.  You may not use any meta tags or any other "hidden text" utilizing the Operator's name or trademarks without the express written consent of the Operator.  Any unauthorized use terminates the permission or license granted by the Operator. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this Website so long as the link does not portray the Operator or its services in a false, misleading, derogatory, or otherwise offensive matter.   You may not use any of the Operator’s logos or other proprietary graphics or trademarks as part of the link without express written permission.

Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject the offender to civil and/or criminal penalties.

Digital Millennium Copyright Act

If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, you should provide our Copyright Agent with a written notice that sets forth the infringement details.  To be effective, the notice must contain the following information:

1. a description of the copyrighted work that you believe has been infringed;

2. a description of the material that you claim is infringing the copyrighted work and a detailed description of where it is located on the Website;

3. your physical address, telephone number, and email address;

4. a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

5. a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are either the copyright owner or authorized to act on the copyright owner's behalf; and

6. your electronic or physical signature as the copyright owner or the person authorized to act on the copyright owner's behalf.

Please send the notice complying with the foregoing to our Copyright Agent using the following information.  If contacting us by email, please include the phrase “Attention – Copyright Agent” in the header of the email.  

SellATimeshare Copyright Agent 2173 Salk Avenue Suite 250 Carlsbad, CA 92008 Phone: (888) 879-7165info@sellatimeshare.com

We reserve the right, in appropriate circumstances and at our discretion, to terminate the privileges of any User who repeatedly infringes the copyrights or other intellectual property rights of the Operator or others.

CONTENT PROVIDED BY USERS

Users have various opportunities to provide us with Content.  These opportunities may include, but are not limited to, Your Ad Content (as defined below), resort reviews and testimonials.  You retain copyright and any other rights you already hold in any Content which you submit or post on or through the Website.  However, upon submitting or posting the Content, you give us a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute that Content.  Further, you agree that this license permits us to make such Content available to other companies, organizations or individuals with whom we have relationships.

We reserve the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content you provide for use at the Website.  Accordingly, we may revise Your Ad Content, or refuse to approve it for publication on the Website, if it does not comply with our Content Guidelines, violates the intellectual property rights of any third party, or otherwise does not advance our business purposes. If you offer any Content that reviews or comments upon any resort or accommodation, you agree that such Content represents your experience and impressions after having actually stayed at that resort.  

Notwithstanding the foregoing, you agree that you are solely responsible for (and that Operator has no responsibility to you or to any third party for) any Content that you provide for use on the Website and for the consequences of your actions (including any loss or damage which we may suffer).  You further agree that you are responsible for protecting and enforcing any intellectual property rights you may claim with respect to any Content you provide to us. 

We do not represent or warrant that the Content or any information provided by a Seller is accurate, current or complete.  Buyers are advised to contact the applicable resort regarding the condition and availability of any timeshare prior to completing any transaction with a Seller. We are also not responsible for: (i) the condition of any timeshare advertised on the Website or the compliance with laws, rules or regulations that may be applicable to such timeshare; or (ii) the actions of any Seller, including, but not limited to, the failure of Seller to comply with the terms of any timeshare rental or sale agreement.  Advertisements on our Website should not be construed as a recommendation to buy or rent a particular timeshare, or to otherwise engage in any negotiation with a Seller.

CONTENT GUIDELINES

We do not have any obligation to investigate the truthfulness or accuracy of any content provided by you, including Your Ad Content.  Nonetheless, we reserve the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content you provide for use at the Website.  Accordingly, we may revise Your Ad Content, or refuse to approve it for publication on the Website, if it does not comply with the following Content Guidelines, as determined by us in our sole discretion:

1. All content must be truthful and not misleading.

2. The content must be directly related to its purpose. For example, Your Ad Content must relate to the timeshare advertised and any other information reasonably useful to a Buyer interested in your timeshare; reviews of a timeshare resort must focus on the experience of the person providing the review; and content posted in a forum must be relevant to the purpose of the forum and discussion.

3. The content must not infringe anyone’s rights, violate the law or otherwise be inappropriate. Therefore, we reserve the right to remove or edit: (a) any personal information that can be used to identify or contact any person; (b) content that violates the intellectual property rights of any third party; (c) any promotional content that would promote other websites, businesses, services or products unaffiliated with this Website; (d) any content which disparages the Website, the Content or the Operator or any of its employees; and (e) obscene, abusive, discriminatory or illegal content.

4. Users who post content must have all legal rights to post the content.

Reviews and other similar content submitted by a User are the subjective opinions of the User who posted the content. They do not constitute the opinions of the Operator and are not endorsed by us.

PHOTOGRAPHS

Photographs should depict the timeshare resort as the main subject of the photograph.  By submitting a photograph either electronically or by mail, you represent and warrant that (a) you either hold all intellectual property rights with respect to each submitted photograph or have secured from the copyright holder all rights necessary for the photograph to be used in an online advertisement, (b) any people in the photograph have given permission for their likeness to be displayed in an online advertisement on the Website, (c) the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph, and (d) you will indemnify and hold harmless the Operator from any cause of action arising from any misrepresentation with respect to any and all photographs so submitted.  You further agree to provide us with any proof of your compliance with the foregoing that we may request.

All printed photographs submitted by a Seller will be discarded after we have scanned the same into our electronic database. We have no responsibility to return such photographs to you. We will use reasonable efforts to reproduce faithfully any photograph submitted, but we are not responsible for any loss or damage or harm otherwise resulting from any defect in this regard.

PASSWORDS AND ACCOUNT SECURITY

You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with your Website account.  Accordingly, you agree that you will be solely responsible to Operator for all activities that occur under your account even if those activities are not authorized by you.   If you become aware of any unauthorized use of your password or of your account, you agree to notify Operator immediately at info@sellatimeshare.com. We may, but are under no obligation to, suspend or terminate your account upon receipt of your notice.

ELECTRONIC COMMUNICATIONS

When you visit the Website or send e-mails to us, you are communicating with us electronically.  By doing so, you consent to receive communications from us electronically.  We will communicate with you by e-mail or by posting notices on this Website.  You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also acknowledge that electronic communications may not be secure and release Operator of any liability related to its use of electronic communications.

SERVICES OFFERED BY OTHERS

The advertising services we offer help Buyers find Sellers and vice-versa.  However, concluding any transaction will often require additional steps, such as negotiating prices, completing agreements and filing documents.  While we don’t provide these services, the Website contains links to other companies that do (“Service Providers”).  If you request our assistance with respect to documentation or brokerage services, we will provide your information to Service Providers so that they can assist you with your request. 

In some cases, these Service Providers are owned, in whole or in part, by the same individuals that own the Operator.  However, we do not control the Service Providers.  You are not obligated to use the services of any Service Provider that links to the Website or that we may otherwise recommend or suggest.  

Once you begin discussions with a Service Provider, we will have no involvement whatsoever in the services the Service Provider offers to provide you.  In addition, the Service Provider will likely charge you a fee for the services you request.  You are encouraged to review any Service Provider agreement (including their website terms and conditions and privacy policy) in advance of paying that fee so you understand what services are offered and your obligations with respect to the same. 

The fact that we provided a link to a third-party website, or that we recommend a particular product, service or Service Provider, does not constitute an endorsement of that website, product, service or Service Provider.  Your use of the same is at your own risk.   We are not responsible for examining or evaluating, and we do not warrant the offerings of, any Service Provider or the content of their websites. We do not assume any responsibility or liability for the actions, products, or services of any Service Provider.      

Termination by Seller

If your timeshare sells or you otherwise wish to remove your advertisement from the Website for any reason, please email us at customerservice@sellatimeshare.com. For effective processing, please include the phrase “Termination” and your AD# in the header of the email. 

Termination by Operator

If, in our sole discretion, we determine that Your Ad Content violates our Content Guidelines, or that you have misused the Website or materially violated these Terms of Services, we may: (i) terminate or suspend your account, which you acknowledge may delete or otherwise limit your access to the Content, your account details or any files or other content which is contained in your account; (ii) terminate or suspend providing services to you and remove your advertisement from the Website without advance notice and without any right to a refund of any fees paid to us; or (iii) pursue any and all remedies available to us at law or in equity.

YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OR SUSPENSION OF YOUR ADVERTISEMENT, ACCOUNT OR YOUR ABILITY TO ACCESS THE INFORMATION AVAILABLE THROUGH THE WEBSITE.

Transfer

Sellers may not assign or transfer any advertisements or Enhancements without our prior written consent. In furtherance of this policy, Your Ad Content may not be altered to advertise a timeshare different from the one you originally advertised with us.

DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY

THE WEBSITE AND ALL CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE OPERATOR AND ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, VENDORS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEBSITE OR THE ACCURACY OR RELIABILITY OF ANY CONTENT PROVIDED THROUGH THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE OPERATOR DOES NOT GUARANTEE THAT THE WEBSITE WILL BE ERROR FREE, AVAILABLE AT ALL TIMES, OR WITHOUT INTERRUPTION.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE OPERATOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE OPERATOR DOES NOT WARRANT THAT THE WEBSITE; THE CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS ARE: (A) FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (B) IMMUNE TO OR FREE FROM THE RISK OF ANY BREACH OF SECURITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE OPERATOR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR FROM ANY CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.  IN NO CIRCUMSTANCE WILL THE OPERATOR’S LIABILITY, OR THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITE, SERVICES, AND PRODUCTS EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID THE OPERATOR DURING THE ONE-YEAR PERIOD PRIOR TO BRINGING A CLAIM FOR THE SPECIFIC SERVICE OR PRODUCT INVOLVED.  IF ANY JURISDICTION PROHIBITS THE FOREGOING DISCLAIMERS, LIMITATIONS, AND EXCLUSIONS, IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS, LIMITATIONS, AND EXCLUSIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY THE JURISDICTION. 

INDEMNIFICATION & RELEASE

You agree to defend, indemnify, and hold harmless the Operator, its affiliates, directors, officers, employees, and agents from and against all claims, damages, and expenses, including reasonable attorney’s fees, arising out of or related to any products or services you purchase in connection with the Website, your use of the Website, or your violation of any third-party right. You are solely responsible for interactions with any other Users of the Website. To the extent permitted by applicable law, you hereby release the Operator from any and all claims or liability related to any product or service available through the Website or any conduct, action, or inaction by the Operator. In connection with the foregoing release, you hereby waive any rights under California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

GOVERNING LAW, DISPUTES AND BINDING ARBITRATION

This Agreement and any dispute of any sort that might arise between you and the Operator shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflicts of law principles. Except as otherwise provided herein, You irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state and federal courts in the County of Hillsborough, Florida (the “Florida Courts”) for any litigation or dispute arising out of or relating to this Agreement or your performance or nonperformance hereunder (including but not limited to collection matters).  Most concerns can be resolved quickly and effectively by calling the Operator’s customer service department at (800) 882-0296.  In the unlikely event that customer service is unable to resolve your concern, we each agree to resolve any disputes through binding arbitration instead of in courts of general jurisdiction. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. You agree that, by entering into this Agreement, you and Operator are each waiving the right to a trial by jury or to participate in a class action. 

References to "Operator," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services under this or prior Agreements between us. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.

Arbitration Agreement

Operator and you agree to arbitrate all disputes and claims between us that can’t otherwise be resolved through customer service. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:

  • claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
  • claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising);
  • claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
  • claims that may arise after the termination of this Agreement. 

The arbitration shall be held in Hillsborough County, Florida before one arbitrator under the consumer arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, you shall select an arbitrator from a panel of arbitrators acceptable to and chosen by the Operator from AAA’s pool of arbitrators. Each party shall be responsible for paying its own attorneys’ fees, costs and expenses, regardless of which party prevails, but a party may recover any or all of its attorneys’ fees, costs and expenses from another party if the arbitrator, applying applicable law, so determines.

To begin the arbitration process, a party must make a written demand and serve such demand on the other party within one (1) year of when the claim or controversy first accrued. To the fullest extent permitted by law, the arbitrator is not permitted to award indirect, special, incidental, consequential or punitive damages against any party. If the AAA rules permit a party to proceed with their dispute in small claims court, and a party chooses that option, the parties agree not to seek any remedy or relief in small claims court that would be unavailable to them through binding arbitration. Any judgment upon the award rendered by the arbitrator may be entered in the Florida Courts. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.

YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND THE OPERATOR WILL BE RESOLVED BY BINDING ARBITRATION. BY ENTERING INTO THIS AGREEMENT, EACH PARTY IRREVOCABLY WAIVES ITS RIGHT TO PRESENT A DISPUTE IN COURT, RIGHT TO A JURY TRIAL, AND ANY RIGHT IT MAY HAVE TO JOIN CLAIMS OR DISPUTES WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. IF THE PRECEDING SENTENCE IS FOUND TO BE UNENFORCEABLE IN WHOLE OR IN PART, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION SHALL BE NULL AND VOID.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties with respect to your access, use, and receipt of services from the Website and supersedes all prior communications, agreements, negotiations and discussions between you and us relating to the same, whether written or oral.  We exclude any representations and warranties previously given or made in relation to the same.

AMENDMENT

As described above, we reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement (including the Privacy Notice) with or without prior notice, but any such changes to the Agreement will not apply to disputes filed before the effective date of the amendment. You are responsible for regularly reviewing these terms. By using our Services, you agree that the posting of new or revised Terms of Services or Privacy Notice on the Website will constitute adequate and constructive notice to you of any and all revisions and changes. Continued use of the Services after any such changes or after explicitly accepting the new terms upon logging into the Website shall constitute your consent to such changes. If you do not agree to any modification of this Agreement, you must immediately stop using this Website.  This provision will survive any termination of this Agreement. 

MISCELLANEOUS

Except as otherwise indicated, if one or more of the provisions herein are held to be invalid or unenforceable for any reason, such holding shall not affect any other provision hereof, and this Agreement shall be construed as if such provision had never been contained herein. This Agreement shall be binding upon and inure to the benefit of each of us and our respective heirs, administrators, legal representatives, successors and assigns. It is our mutual and express intent that the rights and obligations set forth herein apply to us only, with no third-party beneficiary rights intended. Waiver of any term of this Agreement shall not affect any other term or subsequent performance of the waived term 

Survival

The provisions of this Agreement relating to intellectual property licenses, the disclaimer of warranties, limitations on liability, indemnification obligations, releases, and the resolution of disputes will survive any termination of this Agreement by either party.