TERMS OF USE

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Meridian Media Group, LLC., (“MMG”) a Florida corporation operates this web site(s) located at www.timeshareadvisormagazine.com, www.timeshareadvisor.com, (also referred to as “the Web Site(s)”) to provide timeshare news and information as well as a “For Sale by Owner” Marketing Program with online listings for timeshare, vacation memberships and right to use properties (all of which are referred to as “Timeshares”) The Web Site(s), content, features and functionality provided by MMG are referred to together and separately as “the Service(s)”

Section 1. Acceptance of this Agreement
This statement of Terms of Use (referred to as the “TOU” or the “Agreement”) describes the terms on which you may access and use the Service(s), and it constitutes a binding agreement – and the only agreement – between MMG and you governing your use of the Service(s). You must read this TOU carefully. By visiting the web site(s), you agree to be bound by all of the terms and conditions of this agreement. Please note that we may modify the TOU from time to time, with or without notice. Any modifications will be posted on this page and will become effective upon posting. We suggest you return to this page on a regular basis to view the TOU. Your continued use of the Service(s) and the Web Site(s) after any modification will mean you agree to the TOU as modified. If you do not agree to a modification, you should stop visiting the Web Site(s) immediately. It is important to understand that the TOU relate only to your use of the Service(s) described here, and if you receive other services from MMG, including but not limited to our marketing services, those additional services will be subject to their own or additional terms and conditions and agreements (referred to as the “Other MMG Agreements”). In the event of any inconsistency, ambiguity, or disagreement between the TOU and the terms of Other MMG agreements, then the terms of the Other MMG Agreements will govern.

Section 2. Personal and Non-Commercial Use Limitation.
Unless otherwise specified, the Service(s) are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Service(s).
You may not accept this Agreement nor use the Service(s) if you are not of a legal age to form a binding Agreement with MMG. If you accept this Agreement, you represent that you have the capacity to be bound by it in the singular as an “Individual” or “Company” and or in the plural as “Companies”, that you have the authority to bind such entities. If you do not agree to the TOU and thus, this Agreement, please do not access the Web Site(s) or use the Service(s).

Section 3. Privacy Policy
Your use of the Web Site(s) is subject to our Privacy Policy. That policy located on this Web Site(s) and owned by MMG explains how MMG treats your personal information and protects your privacy when you access the Web Site(s) and use the Service(s). Your acceptance of the TOU is also your consent to the information practices in our Privacy Policy.

Section 4. Disclaimer of Warranties and Consequential Damages
MMG makes no warranty of any kind regarding the Service(s), Web Site(s), Advertiser Content or any properties listed with our company. These Service(s) are provided on an “As Is” basis. In no event shall MMG, or any third party mentioned at the site be liable for any damages whatsoever (including, without limitation, incidental, special and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Service(s), Web Site(s), material or service whether based on statute, contract, tort, or any other legal cause, and whether or not MMG is advised of the possibility of such damages.

Section 5. User-Provided Content
You acknowledge that the Service(s), Web Site(s) include postings, messages, text, files, images, graphics, photos, audio clips, sounds, video or other materials (referred to as the “Content”) that have been submitted by third parties, including, without limitation, other users of the Service(s). You agree with respect to the Content provided by third parties, that we are not responsible for reviewing or editing any third party Content. Any opinions, advice, statements, services, offers or other information contained in third party Content are those of their respective authors or producers, and not of MMG or any of its affiliates, and we do not endorse or guarantee the accuracy of such Content. Copyrights to the Content submitted by the Service(s) user(s) are held by the individual creators of such Content.

You may submit Content provided you do so in accordance with the Submission Rules below. You accept entire responsibility for all Content that you submit to, transmit through, link through, or otherwise make available through the Service(s). For all Content that you submit to the Service(s), you agree to indemnify us as provided below.
Submission Rules

You agree not to submit any content to this Service(s) and Web Site(s) that constitutes unauthorized or unsolicited advertising, junk or bulk email. You further agree not to post or otherwise transmit information to or through this site that:

- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, obscene, sexually explicit or graphic, or otherwise in violation of this Service(s) and Web Site(s) rules or policies;

- Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, telecommunications equipments or to damage or obtain unauthorized solicitation, or any form of lottery or gambling;

- Infringes any patent, trade mark, service mark, trade secret, copyright, moral right, right of publicity, privacy or other proprietary right of any party;

- Contains that describes, references, or otherwise communicates, hate, or discrimination concerning gender, sexual orientation, race, religion, or nationality;

- Impersonates any person or entity, including any employee or representative of this site, its licensors or advertisers;

Section 6. Take-Down Policy
MMG cannot and does not monitor all of the material submitted to the Service(s) and Web Site(s), by Advertisers or third parties. Additionally, we do not control, and are not responsible for Content submitted by users of the Service(s) and Web Site(s).

By using the Service(s) and Web Site(s), you may be exposed to Content that you may find offensive, inaccurate, misleading, or otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of the Service(s), Web Site(s) and any Content on the Service(s) and Web Site(s), including, but not limited to, whether you should rely on such Content.
Notwithstanding the foregoing, you acknowledge that MMG shall have the right (but not the obligation) to review any Content that you have submitted to the Service(s) and or posted on Web Site(s), and to reject, delete, disable, or remove any Content that we determine, in our sole discretion, (a) does not comply with the terms and conditions of this Agreement; (b) might violate any law, infringe upon the rights of third parties, or subject us to liability for any reason; or (c) might adversely affect our public image, reputation or goodwill. Moreover, we reserve the right to reject, delete, disable, or remove any Content at any time, for the reasons set forth above, for any other reason, or for no reason.

If you believe that any Content on any of the Service(s) or Web Site(s) infringes upon any copyrights that you own, please contact us pursuant to the procedures outlined in the Digital Millennium Copyright Act (Title 17 U.S.C. § 512) at the following address:

Section 7. Advertisements and Promotions
MMG posts Timeshare advertisements and promotions from Advertisers and third parties on the Web Site(s) (referred to as “Advertiser Content”). MMG advertises its Service(s) through a variety of advertising media, and markets a “For Sale by Owner” marketing Program with online listings for Timeshares as part of its Service(s). MMG does not specifically advertise individual timeshares in our advertising programs. Specific Advertiser Content and listings are presented through our Web Site(s) only, and not on advertisements of MMG’s Service(s). The advertiser acknowledges that the property listing is non-exclusive and will be placed on the market with other properties, and in some circumstances that the advertisement, may compete with other properties on the Web Site(s).

MMG does not endorse, recommend, or guarantee any Advertiser Content, property listings or promotions presented on the Web Site(s), and the inclusion of any property listing on the Web Site(s) should not be considered to be an endorsement, recommendation or guarantee. Your correspondence or business dealings with, or participation in promotions of, Advertisers other than MMG found on or through the Website(s) including payment and delivery of related goods or services, and any Other MMG Agreements, terms, conditions, warranties or representations associated with such dealings, are solely between you and such Advertiser. MMG is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-MMG advertisers on the Web Site(s). MMG makes every effort to avoid errors in advertisements it has agreed to post to the Web Site(s) however, MMG accepts no responsibility or liability for any error and requires that Advertisers check their advertisements for errors as soon as they are placed on the Web Site(s). All reasonable efforts will be undertaken by MMG to edit errors brought to MMG’s attention as soon as reasonably possible.

Section 8. Right to Derive Revenue / Advertisements
Except for your content subject to Section 7 above, you agree that MMG may derive revenue and/or other remuneration from your content that you make available via the Service(s) without payment to you. MMG may display MMG and/or third party paid advertisements and/or other information adjacent to or included with the Service(s) and adjacent to or in connection with your Content, and you agree that you are not entitled to any compensation for any such advertisements. The manner, mode and extent of the advertising or other revenue generating models pursued by MMG on or in conjunction with the Services and/or your Content are subject to change without specific notice to you.

Section 9. Content Provided via Links
The Service(s) may provide, or third parties may provide, links to other World Wide Web sites or resources including RSS feeds. Because MMG has no control over such sites and resources, you acknowledge and agree that MMG is not responsible for the availability of such external sites or resources, and does not endorse, recommend or guarantee and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that MMG shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

Section 10. Delivery of Email
MMG will attempt to deliver all email inquiries that are addressed to Advertisers who list properties through the online listing service, provided that we have your email address on file. The nature of email is such that MMG cannot guarantee delivery of such email.

Section 11. No Spam Policy
You understand and agree that sending unsolicited email advertisements to
MMG, its Affiliates or Advertisers email addresses or through MMG’s computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in Florida. Any unauthorized use of MMG’s computer systems is a violation of these Terms and certain federal and state laws, including
without limitation the Computer Fraud and Abuse Act. (18 U.S.C. Â§ 1030 et
seq.), Such violations may subject the sender and his or her agents to civil and criminal penalties.

Section 12. Termination
MMG may terminate or suspend any and all Service(s) including your Other MMG Agreement immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use or have acted in a manner that clearly shows that you do not intend to, or are unable to, comply with the Terms of Use. MMG may also terminate its agreement with you if:

• There has been an extended period of inactivity or no extension of service requested;
• MMG is required to do so by law (for example, where the provision of the Web Site(s), Service(s) or Materials to you is, or becomes, unlawful);
• MMG has elected to discontinue the Web Site(s), Service(s) or Materials (or any part thereof);
• Except as may be set forth in any Additional Terms applicable to a particular Service(s), termination of your Service(s) may include removal of access to all offerings within the Service(s);
• Barring of further use of the Service(s);

Upon termination of your Agreement, your right to use the Service(s) will immediately cease. You agree that all terminations for cause shall be made in MMG’s sole discretion and that MMG shall not be liable to you or any third party for any termination of your account or Service(s), including your Content. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, advertising provisions, warranty disclaimers and limitations of liability.

Section 13 Billing and Cancellation Policy
All advertisers are required to provide MMG with accurate and complete billing information, including legal name, physical address, telephone number, and, if available, email address. MMG will send Advertising Agreement via email, fax or mail after verification and authorization of billing which occurs on the day of authorization. The Advertiser has the right to cancel these terms and conditions and Other MMG Agreement within 7 days of payment. Advertiser shall cancel agreement by sending MMG notification in writing within the 7 day cancellation period via one of the following procedures:

• via email to customerservice@mmgroup-llc.com
• via facsimile to 727-451-0899; Attention: Customer Service / Cancellations
• via U.S. Postal Service to:

Meridian Media Group, LLC.
1280 Court St.
Clearwater, FL. 33756

Written notification of cancellation must include name of Advertiser, address, and telephone number, and the date of request to cancel advertisement. If request is not received within 7 day period, all charges invoiced and paid by the advertiser shall be deemed to be valid and undisputed unless the advertiser disputes such charges in writing within 7 days of authorizing MMG to market Advertiser Content.

Section 14. Modifications to Web Site(s), Service(s) and Materials
MMG may at any time and from time to time modify or discontinue, temporarily or permanently, the Web Site(s), Service(s), or Materials, or any portion thereof, with or without notice. You agree that MMG shall not be liable to you or any third party for any modification, suspension or discontinuance of the Web Site(s), Service(s) or Materials.

Section 15 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.

Section 16. 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.

Section 17. 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.

Section 18. 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.

Section 19. 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 Advertiser 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. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys’ fees. Advertiser agrees to have sufficient opportunity for review: therefore, any ambiguity found herein shall not be construed against either party. Any disputes arising with respect to the Agreement shall be referred to an arbitrator affiliated with JAMS, The Resolution Experts. The arbitrator shall be selected by joint agreement of the parties. The arbitration proceeding shall be carried on and heard in Pinellas County, Florida using the English language and pursuant to the rules of JAMS. The written decision of the arbitrator shall be final and binding on the parties.

Section 20. Miscellaneous
No agency, partnership, joint venture, or employment is created as a result of the TOU and you do not have any authority of any kind to bind MMG in any respect whatsoever. MMG shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond MMG’s reasonable control, including without limitation, mechanical, electronic or communications failure.

It is the sole responsibility of the advertiser to know and understand the individual terms, usage and expiration of their own vacation club membership along with the credits, points and weeks associated with that membership. Meridian Media Group will not refund, credit or provide any rebate for loss incurred of annual allotment of credits, points or weeks associated with any advertisement.