|
Terms and Conditions
Acceptance of Terms
Before utilizing the Service; services offered by DVCbyResale.com (collectively referred to as the “Service” and/or the "Broker"), and, as related to “Timeshares By Resale, Inc. d/b/a DVC by Resale, DVCbyResale.com ("we," "our," or "us") ” the company, please review the following Terms of Use. By accessing or using any services from DVCbyResale.com, you agree to adhere to these Terms. Please note that the Terms may change without prior notice. Specific services may also have additional terms that apply. If you are dissatisfied with any aspect of DVCbyResale.com, your only option is to stop using the site immediately. These Terms represent the complete agreement between you and DVCbyResale.com regarding your use of the Service, overriding any previous agreements.
Terms and Conditions
Your submission of information to, and use of, our website is governed by these Terms and Conditions (referred to as the “Terms” or the “Agreement”). By providing information or accessing content on our site, you acknowledge and accept these Terms. This Agreement constitutes a legal contract between you and us. Additionally, by using the site, you also agree to our Privacy Policy, which can be found at DVCbyResale.com/PrivacyPolicy. If you do not agree with these Terms or the Privacy Policy, please refrain from submitting any information or accessing content on the site. For any inquiries regarding this Agreement, please reach out to us through the “Contact Us” page available on our site.
Disclaimer of Warranties
All products and services offered through DVCbyResale.com are provided "as is" without any warranties of any kind. DVCbyResale.com does not guarantee, represent, or warrant—whether express, implied, statutory, or otherwise—the accuracy, functionality, or conformity of the services or information on the DVCbyResale.com site. This includes any claims regarding defects, latent or otherwise. DVCbyResale.com expressly disclaims all implied warranties, including those of merchantability, title, quiet enjoyment, non-infringement, and use for a particular purpose. This also applies to any warranties concerning encumbrances or liens, as well as implied conditions of satisfactory quality and acceptance under U.S. law and similar local laws. DVCbyResale.com does not promise that access to its services will be uninterrupted or secure. Any materials downloaded from the site are done at your own risk, and you waive any claims related to damage to your computer system, internet access, devices, or any loss or corruption of data resulting from such downloads or use of the DVCbyResale.com site. No advice or information, whether verbal or written, obtained from DVCbyResale.com or its services will create any warranty that is not explicitly stated in these Terms and Conditions. Some jurisdictions do not permit the exclusion of certain warranties, so some of the disclaimers above may not apply to you.
Registration Requirements
Users of DVCbyResale.com are required to (a) provide honest, accurate, and lawful information during the registration process, and (b) regularly update their registration details to ensure they remain truthful, accurate, and current. If DVCbyResale.com has reason to believe that any registered information is false, outdated, or incomplete, it reserves the right to suspend or terminate your account information and deny any current or future access to the Service. California residents: This is not an offer to provide or solicit Services to any resident of the state of California.
Restrictions
You agree not to alter or remove any copyright or other intellectual property notices that appear on the site or any content provided to you through the site. You are prohibited from using the Service for purposes such as resale, service bureaus, time-sharing, or any similar activities. Furthermore, you agree not to utilize the Service in any manner that is illegal or that could cause harm to us, our service providers, suppliers, or other users. These Terms do not grant you a license to use, reproduce, distribute, display, or provide access to any part of the Service on third-party websites. However, publicly available search engines and similar internet navigation tools ("Search Engines") may index the Service and provide links to its web pages, as permitted under applicable copyright law's “fair use” provisions. Search Engines are prohibited from querying or searching information secured by a verification system (“captcha”) designed to limit access to human users. Our company retains the right to impose additional restrictions on automated queries, which may include contacting parties that make such queries or utilizing a robots.txt file. Membership rights are non-transferable and cannot be assigned, sublicensed, distributed, shared, accessed, or otherwise transferred to anyone other than the registered member without the explicit written consent of DVC By Resale.
Information Use
DVC by Resale does not guarantee the accuracy of any content provided through the Service, nor does it endorse or recommend such content. You use this information at your own risk. All information supplied by DVC by Resale is intended for general informational purposes only and does not constitute legal, tax, accounting, or other professional advice. Before taking action based on any information from the DVCbyResale.com site, you should consult with an appropriate professional. While DVCbyResale.com will make reasonable efforts to maintain the confidentiality of the information you submit, disclosing information on the site could affect your intellectual property rights in various jurisdictions worldwide. If you believe that submitting information to DVCbyResale.com might lead to a public disclosure or similar action that could jeopardize your intellectual property rights, it is advisable to consult with an attorney before proceeding. You are prohibited from using any automated processes such as robots or spiders to monitor, data mine, or copy DVCbyResale.com’s products, services, or information. Additionally, you may not decompile, decode, or reverse engineer DVCbyResale.com’s software, nor use its products or services for any unlawful purposes, including offensive, abusive, tortious, libelous, defamatory, or other illegal activities.
Licensing
By providing information to DVC By Resale, you grant the necessary license rights for us to utilize the information you submit in evaluating the opportunity you are considering. Additionally, you permit us to use Aggregate Non-Personal Information (as defined in our Privacy Policy) for any purpose. DVC By Resale retains all rights, title, and interest in the dvcbyresale.com site, including all underlying technology and data, as well as any enhancements and improvements made as a result of offering the Service. You agree not to reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell, or transfer the underlying source code or structure of DVC by Resale’s technology. You are also prohibited from deleting or altering author attributes or copyright notices. The dvcbyresale.com site is to be used solely for your personal purposes, and you shall not permit others to use it under your account.
Liability Limitations
DVCbyResale.com offers very specific real estate Services; services. You understand that advertisements may be included in the services provided by DVCbyResale.com. The services are delivered "AS-IS," and DVCbyResale.com accepts no responsibility for errors or failures in service delivery. You acknowledge and agree that DVCbyResale.com reserves the right to set limits on the use of its services or to terminate any services at its sole discretion, with or without prior notice. DVCbyResale.com will not be liable for any losses resulting from its operations, including changes to or termination of services. You agree that DVCbyResale.com has the sole discretion to delete or deactivate your account, block your email or IP address, or terminate your access to the services immediately and without notice. Additionally, DVCbyResale.com may remove and discard any content within the service for any reason, including but not limited to cases where DVCbyResale.com believes you have acted inconsistently with its policies. You further agree that DVCbyResale.com will not be liable to you or any third party for any termination of your access to the services. You understand that all postings, texts, files, or other materials ("Content") that are posted on, transmitted through, or linked from DVCbyResale.com are the sole responsibility of the individual from whom such Content originated. By posting, you accept full responsibility for all Content you provide. You recognize that DVCbyResale.com does not control or take responsibility for the Content available through the service, and that by using the service, you may encounter Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Additionally, the DVCbyResale.com site and the Content available through the service may contain links to third-party websites, which are entirely independent of DVCbyResale.com. DVCbyResale.com makes no representations or warranties regarding the accuracy, completeness, or authenticity of the information on such sites. You acknowledge that DVCbyResale.com does not pre-screen or approve Content but reserves the right (though not the obligation) to refuse, delete, or relocate any Content available via the service for violating the Terms or for any other reason. IN NO EVENT SHALL DVC BY RESALE, INCLUDING ITS DEPARTMENTS OR AFFILIATED ENTITIES, OWNERS, AGENTS, OR EMPLOYEES, BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT, INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES INCURRED BY YOU OR ANY THIRD PARTY. This limitation applies to claims arising from breach of warranty, breach of contract, negligence, or any other legal theory. No representative of DVC By Resale is authorized to offer any warranties regarding your use of the dvcbyresale.com site. You acknowledge and agree that DVC By Resale's provision of access to the dvcbyresale.com site does not entail any assumption of risk regarding your potential damages, regardless of whether such damages are direct, indirect, consequential, incidental, or arise from any other circumstances related to your use of the dvcbyresale.com site.
Notification of Claims of Infringement
If you believe that your work has been copied in a manner that constitutes copyright infringement, or if your intellectual property rights have been violated, please notify a DVC by Resale agent at info@DVCbyResale.com regarding any claims of copyright or other intellectual property infringement. Please include the following information in your notice:
DVC by Resale will remove the infringing material in accordance with applicable legal procedures.
Third Party Sites
This website may include hyperlinks to other sites operated by parties that are not under the control of DVC by Resale. These external sites may offer services or products that lead you away from our services. For instance, clicking on a link within the dvcbyresale.com site may direct you to a different website. DVC by Resale does not control, evaluate, or guarantee the offerings of these third parties or the content of their websites. We accept no responsibility for the actions, products, or content of any such third parties. DVC by Resale makes no claims regarding the accuracy, relevance, copyright compliance, legality, or appropriateness of materials found on these external sites. When you click on a link that takes you away from dvcbyresale.com, please note that the destination site is not governed by DVC by Resale, and different terms of use and privacy policies may apply. Additionally, DVC by Resale disclaims all liability for any viruses, worms, Trojan horses, or other issues that may arise from or be associated with these third-party sites and links.
Governing Law
This Agreement, along with the services provided by DVC by Resale, will be governed by the laws of the State of Florida, without regard to its conflict of laws principles. Both parties consent to the exclusive jurisdiction and venue of the State and Federal courts located in Orange County, Florida, for resolving any disputes or claims related to this Agreement. This is not an offer of service to any person or in any jurisdiction in which said services are considered illegal; including but not limited to residence, age, power of attorney, continent, country, state, city, providence, township, county or otherwise named legal entity in which you reside or which applies to you and any respective governing body. You agree to take full responsibility for knowing applicable governing bodies, restrictions and limitations related to the Service. California residents: This is not an offer to provide or solicit Services to any resident of the state of California.
Entire Agreement
These Terms represent the complete agreement between you and DVCbyResale.com regarding your use of the Service, overriding any previous agreements, whether written or oral. You also agree that, regardless of any conflicting laws or statutes, any claims or causes of action related to your use of the Service or these Terms must be initiated within one (1) year from the date the claim arose, or they will be permanently barred.
If DVCbyResale.com fails to enforce any right or provision outlined in these Terms, it does not waive that right or provision. Should a court with appropriate jurisdiction determine that any part of these Terms is invalid, the parties agree that the court should attempt to uphold the original intentions behind the provision, while the remaining provisions of the Terms will continue to be effective.
California residents: This is not an offer to provide or solicit Services to any resident of the state of California.
The headings in these Terms are included for convenience and hold no legal or contractual significance.
Last Updated: 10/9/2024
|
