Terms of Use
By accessing, browsing and/or using 123Timeshares.com (the “Website”), you acknowledge that you have read, understand, and agree to be bound to these terms (“Terms”). By providing the information required by the Website, you will be enabling us to provide such information to our third party solution providers, consistent with the terms of our Privacy Policy, who will be contacting you to provide you with information or quotes for their products or services. In signing up on the Website, you are deemed to have agreed to these terms and conditions of use (“Terms”). THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY. If you do not agree to these Terms, please do not use the Website.
Conditions for Your Use of the Website
This Website is provided for your and others’ personal, non-commercial use, subject to these Terms and all modifications thereto, and any other rules or guidelines. We reserve the right to modify the Website and any element thereof from time to time, for any reason without notice. You should check these Terms periodically for changes, as we also reserve the right to modify them at any time. The date of the current version of these Terms is noted above. Your use of the Website following any modifications to these Terms and Conditions shall be deemed to be your assent to any such modifications.
As a condition of your use of the Website, you represent and warrant that:
1. You are at least 18 years of age and possess the legal authority to enter into an agreement and to use the Website in accordance with these Terms;
2. All information supplied by you is true and accurate; without limitation of the foregoing, the provision of any speculative, incorrect, misleading, false or fraudulent information is prohibited;
3.You will comply with all applicable laws and/or regulations;
4.You understand and agree that, consistent with the terms of our Privacy Policy, we may share your Personal Information and Traffic Information, as provided by you and aggregated about you, with our third party solution providers that are able to provide you with special offers and opportunities, as more fully described in the Privacy Policy. Please note that your telephone number and email address will only be shared if you have provided your prior express written consent.
5.You agree you will not:
- Harvest, sweep, or use any other means, to collect information about users of the Website;
- Use automated means, including spiders, robots, bots, scripts, crawlers, or the like, in connection with any activity on the Website;
- Resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms without our prior express written authorization;
- Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Website content;
- Infringe, violate, or misappropriate any third party’s intellectual property rights or other proprietary rights or contractual rights;
- Transmit any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Website, or an end user’s hardware or telecommunications equipment;
- Engage in or otherwise promote any misleading, deceptive, fraudulent, or otherwise illegal activity in connection with your use of the Website;
- Engage in any libelous, defamatory, hateful, discriminatory, threatening, abusive, violent, harassing, malicious or harmful conduct in connection with your use of the Website;
- Impersonate any person, or submit personal or identifying information about another person without that person’s explicit consent, or submit false information in connection with your use of the Website; or
- Interfere with or attempt to interfere with the proper working of the Website or prevent others from using the Website, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Website.
6. We reserve the right to reject any submission to the Website, with or without cause, in our sole discretion. You also understand that any abuse of the Website may result in your access being denied, in our sole discretion.
Consent to Receive Communications from Us and Our Third Party Solution Providers
By providing us with your contact information and submitting the form, you are providing your express written consent to 123Timeshares.com and its third party solution providers to send you timeshare related promotions and offers at the provided email address and/or phone number, including by email, and SMS text message and telephone calls sent using an automatic telephone dialing system or artificial or prerecorded voice, even if you are registered on a corporate, federal, or state “Do Not Call” registry. Msg and data rates may apply. You understand that your consent is not a condition of your receipt of services, or purchase.
Once you have opted in on the Website, 123Timeshares.com reserves the right to communicate with you about new service announcements, and special offers, until you opt out. If you receive commercial emails from us and wish to opt out, please click the unsubscribe link contained in any email communication that you receive from us. If you wish to opt out and stop receiving any offers from our third party solution providers, advertisers, or other third parties, you must communicate with them directly. We are not able to process unsubscribe requests for any offers from such third party solution providers, advertisers, or other third parties. We are CAN-SPAM compliant and we take all reasonable measures to ensure that your unsubscribe requests are fulfilled in a timely fashion. However, it is possible, despite these precautions that after you unsubscribe you may receive additional communications from us that may have resulted from an inadvertent technical or other processing error. If this happens, please notify us of those communications by writing us, and we will take immediate steps to rectify the situation. If you wish to opt out and stop receiving any phone calls from our solution providers, advertisers, or other third parties, please write to us at with your opt out request.
123Timeshares.com
4390 35th St Suite B3 Orlando, FL 32811
To opt out of receiving SMS text messages, send an “END”, “QUIT” or “STOP” message in response. Once you have made this request, we will no longer communicate with you in this manner or share this information with any of our solution providers.
E-Sign Act
By submitting a request to receive additional information from us or our third party solution providers, through our Website, You agree to the use of an electronic record through the online form, and have not withdrawn your consent.
Prior to granting your consent, you have the right to request a copy of your agreement in a paper (non-electronic) format. You also have the right to withdraw your consent to have your agreement provided or made available in an electronic format. To the extent that you decide to withdraw your consent, your relationship with us will terminate. There are no fees associated with withdrawing your consent. Your consent applies to your online agreement to be contacted by us or our third party solution providers throughout the course of your relationship with us, or until otherwise terminated.
We retain electronic records of your consent, and there are no special hardware or software requirements to access a copy or retain a copy of the electronic record, apart from online access to our Website.
To the extent that you elect to withdraw your consent, or wish to revise your contact information, please write to us at
123Timeshares.com
4390 35th St Suite B3 Orlando, FL 32811
Further, upon providing your consent, you may obtain a paper copy (non-electronic) of your consent, upon payment of the postage cost of $0.55.
Third Party Links and Advertisements
The Website may refer you to services offered by our third party solution providers. You understand and agree that we shall not be responsible and shall have no liability for any third party solution providers, and that the use of a third party solution providers’s services are solely at your own risk. You agree that your sole remedy in connection with any third party solution providers will be through the applicable third party solution provider, and that you shall have no remedy against us arising from your use of (or participation in), or inability to use (or participate in), any third party solution provider’s services. We make no representations or warranties with respect to any information contained in any third party solution provider sites and we shall not be liable for any damages or injury arising from the content of these other sites.
Intellectual Property Rights
We own the intellectual property contained within the Website. As between us and you, we are the sole owner of the Website and all materials on or available through the Website, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto. Any unauthorized attempt to modify any Website content, to defeat or circumvent our security features, or to utilize this Website for other than its intended purposes is strictly prohibited.
Warranty Restriction; Limitation Of Liability.
THE INFORMATION AND SERVICES PROVIDED ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY MATERIALS, INFORMATION, OR SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY DATA, TEXT, IMAGES, SOUNDS, OR COMPUTER PROGRAMS (INCLUDING COLLECTIONS AND COMPILATIONS OF THEM)) OR AGAINST INFRINGEMENT. NEITHER THE WEBSITE NOR ANY OF ITS OFFICERS, DIRECTORS, OWNERS, EMPLOYEES OR AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEY’S FEES) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE WEBSITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED ON OR THROUGH THE WEBSITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ANY OTHER TORT. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY SET FORTH HEREIN SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT THE WEBSITE’S (INCLUDING ITS OFFICERS, DIRECTORS, OWNERS, EMPLOYEES OR AFFILIATES) AGGREGATE LIABILITY SHALL NOT EXCEED ANY SUMS PAID BY YOU TO THE WEBSITE. YOU AGREE TO HOLD HARMLESS THE WEBSITE AND ITS OFFICERS, DIRECTORS, OWNERS, EMPLOYEES AND AFFILIATES, AS WELL AS ANY PARTIES WITH WHOM THE WEBSITE HAS CONTRACTED FOR PURPOSES OF HOSTING OR MAINTAINING THIS WEBSITE FROM ALL CLAIMS BASED UPON COMMUNICATIONS OR MATERIALS MADE AVAILABLE BY YOU ON THE WEBSITE.
Indemnification
You hereby indemnify, defend and hold harmless the Website and its officers, directors, owners, and agents (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of your breach of these Terms. You shall cooperate as fully as reasonably required in defense of any such claim. The Website reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Enforcement
In the event the Website determines, in its sole discretion, that you have violated these Terms, the Website shall have the right to immediately terminate access, and/or pursue any other remedies available under applicable law.
Limitation of Actions
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of the Website must be brought within one (1) year after the accrual of such claim or cause of action, or forever be barred.
Arbitration
You agree that any disputes or claims between us, including our successors and assigns and our affiliates, third party subcontractors and/or agents, arising out of or relating to the Website, these Terms, or the services to be provided thereunder (whether based in contract, tort, statute, fraud, equitable relief, misrepresentation or any other legal theory including state and federal statutory claims), at the option of either party: (a) shall be resolved exclusively by binding arbitration conducted and administered by a single arbitrator in Orlando, Florida; (b) the arbitration will be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures; (c) the cost of the arbitration, including the fees and expenses of the arbitrator and administrative fees of JAMS, shall be shared equally by the parties; (d) the arbitrator will have no authority to award damages other than actual damages, and costs and fees to the prevailing party; (e) the arbitrator may not make any ruling, finding or award that does not conform to these Terms; and (f) judgment upon the award may be entered in any court having jurisdiction thereof. In all arbitrations, each party will bear its own expenses. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of the Website must be brought exclusively through arbitration within one (1) year after the accrual of such claim or cause of action, or forever be barred. If any part of this arbitration clause is deemed to be invalid or otherwise unenforceable or illegal, the balance of this arbitration clause shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein. If the entire arbitration clause is deemed to be invalid or otherwise unenforceable or illegal, the remaining terms of this Agreement shall remain in full force and effect, including the waiver of the right to proceed in a class action. THE PARTIES AGREE TO WAIVE THE RIGHT TO BRING OR PARTICIPATE IN ANY CONSOLIDATED OR CLASS ACTION AND AGREE THAT ALL FORMS OF CLASS ACTION OR CLASS ARBITRATION ARE EXPRESSLY PROHIBITED. THE PARTIES UNDERSTAND THEY WILL NOT HAVE THE RIGHT TO A TRIAL BY A COURT OR A JURY AND THAT THE INFORMATION THAT CAN BE OBTAINED IN DISCOVERY FROM EACH OTHER OR FROM THIRD PERSONS IN ARBITRATION IS GENERALLY MORE LIMITED THAN IN A LAWSUIT. IN ADDITION, OTHER RIGHTS THAT THE PARTIES WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
Choice of Law
You agree that the laws of the state of Florida, excluding its conflicts of law rules, shall govern your use of the Website and these Terms. Your use of the Website may be subject to other local, state, national, and international laws. We control and operate the Website from our offices in the United States. Persons who choose to access the Website from other locations do so on their own initiative, and are responsible for compliance with their local laws.
Updates to Terms
We shall have the right to revise these Terms at any time by updating this posting. By using the Website, you agree to be bound by any such revisions and should therefore periodically visit this Website to determine the current Terms to which you are bound.
Personal Data & Privacy
All personal data that you provide to us via this Website is subject to our Privacy Policy.
Notices
To contact the Website with any inquiries or complaints, including any regarding these Terms, you may write to us at:
123Timeshares.com
4390 35th St Suite B3 Orlando, FL 32811
Miscellaneous
These Terms shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be modified or eliminated to the minimum extent necessary and the remaining provisions shall be enforced. These Terms constitute the entire agreement between the parties hereto, and supersede any other agreement, promise, or practice between the parties relating to the subject matter hereto. We reserve the right to terminate these Terms and/or to terminate your access to and ability to use the Website (or any portion thereof), at any time (with or without notice). No waiver by either party of any right hereunder shall constitute a waiver of this or any other right.