I. WEBSITE AGREEMENT
These terms and conditions of use hereby create an agreement (“Agreement“) between VANGUARD AND ASSOCIATES, a Nevada limited liability company doing business as the VANGUARD AND ASSOCIATES and ANY PERSON (“You” or “Your”) accessing, viewing or using this Website (the “Website“), which Website belongs to Vanguard & Associates. 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.
Vanguard and Associates 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.
II. COPYRIGHT/TRADENAME PROTECTION
The Website and all of its contents are wholly owned by and proprietary to Vanguard & Associates and are protected by copyright and intellectual property laws of the U.S.A. “Vanguard & Associates” is a protected trade name and may not be used in any way without the prior written consent of Vanguard & Associates. The contents of the Website are only for Your personal, informational and noncommercial use. Vanguard & Associates makes information available on this Website, for informational purposes only, as a service to its prospective customers and customers. You agree and acknowledge that there may be occasions when the Website is inaccessible or inoperable for any reason, including that Vanguard & Associates reserves the right to make changes or perform maintenance or repairs.
III. YOUR SUBMITTED INFORMATION
You may be asked by Vanguard & Associates, either on this Website or by other means, to submit to Vanguard & Associates some information. You hereby authorize Vanguard & Associates to use that information (i) to assist You in exiting from Your timeshare, and (ii) for the Vanguard & Associates’ 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, Vanguard & Associates will make reasonable attempts to respect Your privacy. Vanguard & Associates will not monitor, edit, or disclose any private or confidential information about You, without Your prior consent, unless the Vanguard & Associates 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.
IV. USAGE RESTRICTIONS
You are solely responsible for any and all of Your acts and/or omissions that occur when accessing, viewing and/or using the Website, 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 Website without the prior written consent of Vanguard & Associates; or (6) engage in any other activity deemed by Vanguard & Associates to be in conflict with the purpose or intent of this Agreement.
V. MONEY BACK GUARANTEE
In Vanguard & Associates written agreement with timeshare owners (the “OWNER”), there is included a charge for Vanguard & Associates’ services (the “FEE”). The FEE is non-refundable, subject only to the terms of the Guarantee also included in that agreement, which states:
VANGUARD AND ASSOCIATES guarantees that if OWNER does not obtain the Services within a reasonable amount of time (which shall not be more than one year), VANGUARD AND ASSOCIATES shall refund the Fee Amount. VANGUARD AND ASSOCIATES guaranty obligations are met when VANGUARD AND ASSOCIATES 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 VANGUARD AND ASSOCIATES by OWNER is true, accurate and complete, and (b) full cooperation with OWNER to timely respond to any request for information from VANGUARD AND ASSOCIATES 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 VANGUARD AND ASSOCIATES, or (z) fails to disclosure a mortgage or other lien encumbrance on OWNER’S Timeshare
This Website is a form of advertising by the Vanguard & Associates. No representation is made that the quality of services to be performed by Vanguard & Associates is greater than the quality of services performed by any other similar business. Vanguard & Associates does not represent, warrant or guarantee that the materials herein are complete, accurate or up-to-date, nor is Vanguard & Associates responsible for any third party content that may be accessed through this Website, and reference herein to third party information, products or services does not constitute an express or implied warranty or endorsement by Vanguard & Associates. If or when You link to another site from this Website, You leave this Website and server controlled by Vanguard & Associates and enter into the jurisdiction of the linked site under the control of a third party for which Vanguard & Associates has neither responsibility nor control.
In no event shall Vanguard & Associates be liable to You for any direct, indirect, incidental, consequential or special damages for any matter arising from or relating to this Agreement, this Website or any linked site, including without limitation, Your use or inability to use this Website, any changes to or inaccessibility of the Website, 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 Website or any linked site, whether such liability is asserted on the basis of contract, warranty, tort, product liability, or otherwise, even if Vanguard & Associates 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 Vanguard & Associates 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 Website, 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 Vanguard & Associates, its members, officers, employees and agents from and against any action, claim, damage, debt, demand or liability, including reasonable costs and attorneys’ 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 Website, some basic information is collected. This includes which pages are visited and for how long, and what ISP they are using. Vanguard & Associates uses the information collected to improve the quality of this Website, enhance or tailor the information offered, and make Your experience on this Website as efficient as possible.
By using this Website, You consent to Vanguard & Associates collection and use of Your information as described herein.
VIII. MISCELLANEOUS PROVISIONS
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 email 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 Nevada. All actions, claims or disputes arising under or relating to this Agreement shall be brought in the state courts within the state of Nevada. 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 the state of Nevada, 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 Website and it supersedes any and all other communications, representations, statements and understandings, whether oral or written, between the parties concerning the Website.
You have now read, understood, and agreed 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 acknowledgement of your agreement to such.