Terms of Use for Timeshare Lifestyle

Disclaimer

INFORMATION CONTAINED IN THIS WEB SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TIMESHARE LIFESTYLE DOES NOT WARRANT THAT THE CONTENT CONTAINED IN THE PAGES WILL BE FREE FROM ERRORS. TIMESHARE LIFESTYLE DISCLAIMS LIABILITY FOR AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR RESULTS OF THE USE OF MATERIALS IN THIS WEB SITE IN TERMS OF THEIR ACCURACY, RELIABILITY, OR OTHERWISE.

Terms and Conditions

For the purpose of these terms and conditions any party who transfers funds to Timeshare Lifestyle, Inc. (TLI) shall be referred to as “Seller”.  Seller, by advertising their interest in a timeshare (the Property) with TLI agrees to the following:

1.  Scope of Authority.  Seller hereby authorizes and grants to TLI the non-exclusive right to offer for sale the Property. The Seller acknowledges that this Property will be offered for sale along with other properties, and in some circumstances, may compete with other properties and other resale units. TLI’s authority hereunder shall be limited to offering via “www.timesharelifestyle.com” the Property for sale and such activities as are necessary or incidental thereto.  Timeshare Lifestyle is a For-Sale-By-Owner advertising company that is not a real estate broker. The advertising program involves pooling advertising resources with those of other advertisers to maximize exposure to potential buyers or renters to bring them to Timeshare Lifestyle's website.   Timeshare Lifestyles does not provide individual listings on 3rd party advertising mediums.

2. Listings are for 6 months, with renewal options available at discounted rates. 

3. If a Premier listing is sold during the listing period in any way other than through TLI at the original price listed on your ad with us, TLI will refund your advertising fee in full. Upgrading or trading your property for equity towards another property does not qualify as a sale. Otherwise, the fee is non-refundable.

4. A rental reservation fee of $49.95 is due from the property owner at the time of rental. Some closings may incur additional costs because of high recording fees, complex tax forms (e.g. Hawaii or New York) resort transfer fees, courier fees and other unusual expenses. 

5. No Guarantees Regarding Sale. The Seller understands that no one at or on behalf of the TLI has guaranteed that the Property may be sold at any particular price or within any particular period of time.

6. TLI’s Marketing Obligations. TLI does not expressly undertake the obligation of advertising the specific unit number and/or week of the Property, unless so indicated by TLI. Because of the nature of a timeshare, TLI also does not undertake the obligation to show the Property to a prospective buyer. TLI’s sole marketing duty is to list the Property on its web site. However, TLI will provide ancillary services at the request of the Seller for an additional fee mutually agreed upon in writing and signed by both parties.

7. Seller’s Duties. The Seller agrees to notify TLI in writing within 48 hours of the acceptance of any offer or sale or exchange so that the listing can be deleted. The Seller agrees to be available to discuss any offers received from a prospective buyer. The Seller retains full responsibility for the Property, including all taxes, maintenance fees, assessments and liability during the term of these terms and conditions and the sales contract period.  Seller agrees to indemnify and hold harmless TLI for damages resulting from a failure by Seller to abide by these terms.  Seller agrees to notify TLI within 5 days after the receipt of the welcome package of any errors in the package purchased or listing advertisement.

8. Property Verification. The Seller hereby understands that the verification of Property information is a time consuming and costly process, but a necessary process to sell the Property.

9. Conveyance Documents. Seller agrees to forward to TLI a copy of the deed or contract conveying the Property upon receipt of the welcome package.

10. Cancellation Rights. The Seller has the right to cancel these terms and conditions within 7 days of payment.  Seller shall cancel the agreement by sending a written notice, certified, return receipt requested to TLI specifically identifying these terms and conditions. The cancellation shall be effective upon receipt by TLI.

11. Closing. Closing shall occur at the earliest practicable date.  Seller understands that the closing process is a time-consuming one and that TLI makes no guarantee on the amount of time it will take to close.

12. Seller Warranties. The Seller warrants that Seller represents all of the record owners of the Property. The Seller warrants that he has marketable title and has an established right to sell or exchange the Property. If the Property is a deeded interest, the Seller agrees to convey clear and marketable title by General Warranty Deed at closing. If property is a Right to Use interest, the Seller agrees to convey property with all applicable resort fees paid. Seller acknowledges that at closing he must discharge all liens including, but not limited to, existing deeds of trust, tax judgment liens, maintenance dues and assessments, including interest, penalties and fees. In the event the proceeds of sale are insufficient to cover Seller’s obligations, Seller shall provide sufficient cash to discharge all liens and other charges.

13. Professional Advice. TLI is trained in the marketing of timeshare properties. TLI is not trained to provide the Seller or any prospective buyer with legal or tax advice, or with technical advice regarding the physical condition of the Property, or with an appraisal of the fair market value of the Property.  If legal advice is needed, Seller agrees to obtain counsel independently of these terms and conditions.

14. TLI’s Duties. TLI and any agent employed by TLI shall promote the interests of the Seller by performing the terms of these terms and conditions. However, TLI and its agents shall not be obligated to seek additional offers to purchase the Property while the Property is subject to a contract of sale, unless stated herein or as the contract of sale so provides.  TLI shall present in a timely manner all written offers or counteroffers to and from the Seller even when the Property is already subject to a contract of sale.  TLI shall disclose to the Seller all material facts related to the Property or concerning the transaction of which the TLI and its agents have actual knowledge.  TLI shall present an accounting in a timely manner for all money and property received in which the Seller has or may have an interest.

15. Representation of TLI.   TLI and TLI’s agents are the representatives of the Seller in connection with marketing the Property under these terms and conditions. As such, TLI and its agents owe the Seller duties of loyalty and faithfulness. At the same time, TLI and its agents are required to treat all parties to a transaction honestly. Without breaching their duties to the Seller, TLI and its salespeople may provide prospective buyers with information about the Property and may assist a prospective buyer in preparing an offer to purchase the Property. TLI and its agents have a duty to respond accurately to a prospective buyer’s questions and to submit to the Seller all offers to purchase the Property.

16. Benefit. These terms and conditions shall be binding upon the parties, their legal representatives, successors and assigns. Each party, in furtherance thereof, shall execute all documents necessary to effectuate the purposes of these terms and conditions, but the failure to execute such will not affect the rights of any party.

17. No Third Party Rights. Notwithstanding anything herein to the contrary, nothing in these terms and conditions shall be deemed as creating any third-party or creditor rights of any nature or as conferring any rights of any nature upon any third-party or creditor.

18. Choice of Law. These terms and conditions shall be governed by and construed under the laws of the State of Florida, without regard to any choice of law provisions thereof which would result in the laws of any other jurisdiction being applied for any purpose. The Seller agrees that, for purposes of resolving disputes that arise out of or are related to these terms and conditions, the exclusive forum shall be the Circuit Court of Pinellas County Florida and the United States District Court for the Middle District of Florida.  The Seller agrees to reimburse the TLI for all its costs and reasonable attorney fees to enforce these terms and conditions or seek remedies for breach of these terms and conditions.  Seller agrees to have sufficient opportunity for review; therefore, any ambiguity found herein shall not be construed against either party.

19. Waiver. Waiver of any breach of a provision of these terms and conditions shall not constitute a waiver of any subsequent breach. No such waiver is effective unless in writing, nor is it applicable except in the specific instance for which it is given.

20. Severability. The invalidity or unenforceability of any particular provision of these terms and conditions shall not affect the other provisions hereof, and the terms and conditions shall be construed in all respects as though such invalid or unenforceable provisions were omitted.

21.  Liability.   Under no circumstances, shall Timeshare Lifestyle be liable for any damages, direct, special, incidental, consequential, punitive or exemplary or otherwise, that result from the use of, or the inability to use, the content on this Web Site, even if Timeshare Lifestyle or a Timeshare Lifestyle authorized representative has been advised of the possibility of such damages.

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