These terms and conditions of use hereby create an agreement (“Agreement“) between DMT HOLDINGS LLC, a Montana limited liability company doing business as the TS Advisory (the “TS Advisory ) and ANY PERSON (“You” or “Your”) accessing, viewing or using this web site (the “Web Site“), which Web Site belongs to the TS Advisory. You agree to abide by all of the terms contained in this Agreement as a condition of your continuing access, viewing or usage of the Web Site, and by accessing, viewing or using any part of this Web Site You hereby agree to and consent to be bound by all the terms of this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THEN YOU DO NOT HAVE THE TS ADVISORY AUTHORIZATION TO ACCESS, VIEW, OR USE ANY PART OF THE WEB SITE; AND, IF THAT IS THE CASE, THEN PLEASE EXIT AND DO NOT FURTHER ACCESS, VIEW OR USE THIS WEB SITE !
This Agreement becomes and remains effective upon your access, viewing and/or use of the Web Site and shall continue in full force until terminated. The TS ADVISORY reserves the right, without notice, at any time and for any reason, to suspend your access to, viewing of, or use of all or any portion of the Web Site and to terminate this Agreement.
The Website and all of its contents are wholly owned by and proprietary to the TS Advisory and are protected by copyright and intellectual property laws of the U.S.A. “TS Advisory LLC” and “TS Advisory” are protected trade names and may not be used in any way without the prior written consent of the TS Advisory. The contents of the Web Site are only for your personal, informational and noncommercial use. The TS Advisory makes information available on this Web Site, for informational purposes only, as a service to its prospective customers and customers. You agree and acknowledge that there may be occasions when the Web Site is inaccessible or inoperable for any reason, including the TS Advisory right to make changes or perform maintenance or repairs, which the TS Advisory reserves the right to do.
YOUR SUBMITTED INFORMATION
You may be asked by the TS Advisory, either on this Web Site or by other means, to submit to the TS Advisory some information. You hereby authorize the TS Advisory to use that information (i) to assist you in exiting from your timeshare, and (ii) for the Timeshare marketing purposes. You are solely responsible for the security, confidentiality, integrity, and use of all messages, written material, photos and/or the content thereof that you submit to the Web Site. If requested by you, the TS Advisory will make reasonable attempts to respect your privacy. The TS Advisory will not monitor, edit, or disclose any private or confidential information about you, without your prior consent, unless the TS Advisory reasonably believes that such action is necessary to respond to its legal obligations, or to protect its own rights by enforcing this Agreement. TO BE CLEAR: YOU HAVE NO EXPECTATION OF PRIVACY WITH RESPECT TO THE INTERNET IN GENERAL OR THIS WEB SITE IN PARTICULAR.
You are solely responsible for any and all of Your acts and/or omissions that occur when accessing, viewing and/or using the Web Site, and You agree not to engage in any unacceptable use of the Site, including without limitation, use of the Web Site to: (1) transmit unsolicited email; (2) transmit any material that, within reason, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (3) transmit any material that actually or potentially infringes the confidentiality, copyright, trademark, trade secret, or other intellectual property rights of any person or entity; (4) transmit viruses or any other malicious code or program; (5) engage in data or content retrieval from this Web Site without the prior written consent of the TS Advisory; or (6) engage in any other activity deemed by the TS Advisory to be in conflict with the purpose or intent of this Agreement.
MONEY BACK GUARANTEE
In the TS Advisory written agreement with timeshare owners (the “OWNER”), there is included a charge for the TS Advisory services (the “FEE”). The FEE is non-refundable, subject only to the terms of the Guarantee also included in that agreement, which states:
TS Advisory guarantees that if OWNER does not obtain the Services within a reasonable amount of time (which shall not be less than 18 months), TS Advisory shall refund the Fee Amount. TS Advisory guaranty obligations are met when TS Advisory obtains an exit even if OWNER does not accept the terms of the Resort’s exit agreement. This Guarantee is contingent upon: (a) all information provided to TS Advisory by OWNER is true, accurate and complete, and (b) full cooperation with OWNER to timely respond to any request for information from TS Advisory or the Resort. This Guaranty is void and unenforceable if OWNER (x) fails to fulfill OWNER’s duties required by this Agreement, including if OWNER stops or delays the exit process, refuses to sign a procured exit offer, (y) does not timely and completely respond to requests by TS Advisory, or (z) fails to disclosure a mortgage or other lien encumbrance on OWNER’S Timeshare or if the owner has an existing mortgage with delinquent payment(s) and or if the owner has unpaid annual dues and or late payments of the same owed to the TS Advisory, in such circumstances the guarantees given by TS Advisory are null and void.
This Web Site is a form of advertising by the TS Advisory. No representation is made that the quality of services to be performed by the TS Advisory is greater than the quality of services performed by any other similar business. The TS Advisory does not represent, warrant or guarantee that the materials herein are complete, accurate or up-to-date, nor is the TS Advisory responsible for any third party content that may be accessed through this Web Site, and reference herein to third party information, products or services does not constitute an express or implied warranty or endorsement by the TS Advisory. If or when you link to another site from this Web Site, You leave this Web Site and server controlled by the TS Advisory and enter into the jurisdiction of the linked site under the control of a third party for which the TS Advisory has neither responsibility nor control.
In no event shall the TS Advisory be liable to You for any direct, indirect, incidental, consequential or special damages for any matter arising from or relating to this Agreement, this Web Site or any linked site, including without limitation, Your use or inability to use this Web Site, any changes to or inaccessibility of the Web Site, any alteration of any transmission or data, any material or data sent or received, or not sent or received, any transaction entered into through the Web Site or any linked site, whether such liability is asserted on the basis of contract, warranty, tort, product liability, or otherwise, even if the TS Advisory has been advised of the possibility of such damages and notwithstanding that any exclusive remedy shall fail of its essential purpose or otherwise be unavailable. In no event shall the TS Advisory total liability to you for any direct damages whether such liability is asserted on the basis of contract, warranty, tort, product liability or otherwise exceed the total aggregate amount of $5.00. Some states prohibit the exclusion or limitation of incidental or consequential damages; so, this limitation of liability may not apply to you. If you are dissatisfied with the Web Site, Your sole and exclusive remedy shall be for you to discontinue access, viewing or use of the WebSite.
You agree to indemnify, hold harmless and defend the TS Advisory, its members, officers, employees and agents from and against any action, claim, damage, debt, demand or liability, including reasonable costs and attorney’s’ fees, asserted by any person, arising out of or relating to: (a) Your access, viewing or use of the Site, including any data or work transmitted or received by You; and (b) any unacceptable access, viewing or use of the Site including, without limitation, those listed herein under the heading “Usage Restrictions”.
When guests visit this Web Site, some basic information is collected. This includes which pages are visited and for how long, and what ISP they are using. The TS Advisory uses the information collected to improve the quality of this Web Site, enhance or tailor the information offered, and make your experience on this Web Site as efficient as possible.
By using this Web Site, You consent to the TS Advisory collection and use of your information as described herein.
No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, nor shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
If any provision of this Agreement shall be deemed unlawful or unenforceable, then such provision will be enforced to the extent possible and the other provisions shall remain fully effective and enforceable.
All notices shall be in writing and shall be deemed to be delivered when sent by e-mail to either parties’ last known eMail address. You hereby consent to notice by email.
This Agreement is made in and shall be governed by the laws of the State of California. All actions, claims or disputes arising under or relating to this Agreement shall be brought in the state courts within Ventura County, State of California. The parties irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over each of the parties by the state courts within Ventura County, State of California, and irrevocably waive any and all objections which any party may now or hereafter have to the exercise of personal and subject matter jurisdiction in said jurisdiction and county.
If any action at law or in equity is necessary to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.
This Agreement constitutes the complete and exclusive Agreement between the parties with respect to the Web Site and it supersedes any and all other communications, representations, statements and understandings, whether oral or written, between the parties concerning the Web Site.
YOU HAVE READ, UNDERSTAND AND AGREE TO THE FOREGOING TERMS AND CONDITIONS OF USE SET FORTH IN THE ABOVE AGREEMENT, AND ANY CONTINUING ACCESS, VIEWING OR USAGE BY YOU OF THE WEBSITE IS YOUR ACKNOWLEDGMENT OF YOUR AGREEMENT TO SUCH.