Terms of Use

READ CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE

The owner, Smart Choice Marketing (“we”, “our”, “us”, “Company”), maintains this website (“Website”) for informational purposes only. Please read this agreement carefully before using the Website. Any person who uses, or makes decisions based on information contained in this Website (“you”, “your”, “User”) does so at their own risk. Access to this Website is subject to the terms and conditions set forth below (“Terms of Use”) including, without limitation, the

Disclaimer and Privacy Policy sections. Your use of the Website signifies your acceptance of the Terms of Use. If you do not agree to comply with this Terms of Use, please do not use the Website.

The Company reserves the right to make changes in the programs, policies, products and services described in this Website at any time without notice. If you do not agree with any change or modification to these Terms of Use, then you should stop using the Website. Your continued use of the Website will signify your acceptance of any change to the Terms of Use.
By accessing this Website, you agree to hold the Company and its affiliates harmless against any claims for damages arising from any decisions that you make based on such information (see Disclaimer). The following terms apply if applicable to the transaction, if any, that you enter into with the Company.

Cancellation Policy

Pursuant to my agreement with SCMH, the sale/rental of my vacation property is binding for a period of ninety (90) days. With the expiration of said 90 days, I am under no further obligation to SCMH. However, should my vacation property not be sold or rented, for whatever reason, within 90 days, SCMH will continue to advertise and market at no additional costs to me, until such time as a sale or rental agreement has been executed. If for any reason, I decide to not move forward with the advertising of my property, I am aware that I have ten (10) days from (“transaction date”) to reconsider and be refunded my advertising fee. Should I choose to cancel, I agree to contact SCMH and to do so in writing by sending my request via e-mail to: info@smartchoiceexclusives.net

 

Privacy Policy

 

All Users

Your use of the Website is subject to our Privacy Policy. That policy explains how The Company treats your personal information and protects your privacy when you access the Website and use the Service. Your acceptance of these Terms of Use is also your consent to the information practices in our Privacy Policy. By using the Website—submitting your phone number to us or calling us—you consent and agree to have all calls between you and the Company, whether incoming or outgoing.
Provider. The Company provides an online service to you and other Users and is not responsible for the content that any of the Users provide. You are responsible for the information that you provide through the Website, and by posting information on the Website, you are representing it to be true. Terms. You agree that the term Buyer applies to you if you use the Website to inquire about buying a timeshare including the right to use such timeshare on a permanent basis OR are inquiring about renting a timeshare or making use of a timeshare for a particular stay.
You agree that the term Seller applies to you if you use the Website to offer a timeshare for sale OR for rent including leasing your right to use the timeshare. You agree that the Company is an “Information Content Provider” under 47 U.S. Code § 230.
“Timeshare” or “timeshare” means the right to stay or use a real property that would be commonly called a hotel or condominium on a periodic basis, whether that right is through a deed, a membership agreement, a lease, or other contractual agreement providing you that right.
No Cooling off period. You understand and acknowledge that the “Federal Trade Commission’s 3-day “Cooling-Off Rule” regarding cancellations of sales made at homes or at certain other locations does not apply to the transactions conducted through this Website.

Buyers

Searchable Marketplace. The Company provides a searchable marketplace where you can research and identify timeshares that Sellers have offered. You agree not to take any action towards your travel plans until you have received confirmation that you are the owner, or have a confirmed right to use the timeshare; however, in any case you agree that the Seller is responsible for such confirmation and you will hold the Company harmless for any loss, you may suffer as a result of your inability to use a timeshare advertised by a Seller on the Website.
Disclaimers. We do not recommend, endorse or guarantee any timeshare presented on the Website. We assume no responsibility, and are not liable, for the condition of any timeshare presented on the Website.
Timeshare Description. We do not verify or investigate any timeshare, and we make no guarantee, explicit or implied, as to whether the description of a timeshare presented is correct and accurate. The descriptions and text presented on the Website regarding any property is presented “as is,” as an advertisement submitted to us by the Seller. You agree that the Sellers are solely responsible for the accuracy of the description of their timeshare.
Safety. We do not guarantee the safety or security of any timeshare location. We recommend that before purchasing, renting, or traveling to any vacation destination, that Buyers verify the level of risk by consulting newspapers, online sources, and travel and safety advisories issued by the U.S. Government and published at www.state.gov, www.cdc.gov, and other government resources.
Contact Information. You agree that we may provide the Seller and/or their assigns/agents if a FSBO Seller and/or Timeshare Broker Services and/or their agents if a Represented Seller with the contact information that you provide to us in order for them to contact you and discuss the proposed transaction, negotiate terms, enter into a contract, etc. You are providing your contact information with the express permission and intent that we share that information with the Seller and/or Timeshare Broker Services applicable to the timeshares in which you inquire or express interest.
All Sellers – General Terms
No Specific Buyer Identified. Although your timeshare(s) will be exposed to potential buyers as a result of using our Website, The Company has not identified a specific buyer at the present time.

Disclosures

Florida: If you or your timeshare are subject to Florida Law, we provide the following disclosures pursuant to Florida Statute §721.205, THEREFORE you, The User, agree and understand that:
(i) Upon the sale of a timeshare, additional cost to third parties over which we have no control may be due including resort transfer fees, title fees and costs, government recording fees and taxes. §721.205 (1)(a)1 and 2, F.S.
(ii) We recommend Users utilize a licensed title agency to administer the closing of a timeshare to avoid falling victim to fraud or excessive demands by a third party.
(iii) The owner of the timeshare remains obligated for all fees and costs associated with the timeshare payable to any owner association, finance company or other provider with whom the owner has contracted. §721.205(1)(a)1 and 2, F.S.
(iv) Neither we, the Website, nor our agents have stated or implied that we will provide direct sales or resale brokerage services other than the advertising of the Timeshare Ownership(s) for sale or rent by User. §721.205(2)(a), F.S. (except as identified below if you select Assisted Listing services)
(v) Neither we, the Website, nor our agents have stated or implied, directly or indirectly, that we have already identified a person interested in buying or renting the timeshare resale interest. §721.205(2)(b), F.S.
(vi) All information regarding results from using our services are documented on the Website; therefore, neither we, the Webs Site, nor our agents have stated or implied, directly or indirectly, that sales or rentals have been achieved or generated as a result of its advertising services without providing documentation substantiating the statement. §721.205(2)(c), F.S.
(vii) Neither we, the Website, nor our agents have stated or implied that the timeshare has a specific resale value. §721.205(2)(d), F.S.
(viii) We have not charged your credit card or received any compensation for resale advertising services prior to your agreeing to a written Agreement, which can be signified with an electronic signature including the digital recording of your verbal approval. §721.205(2)(e) and (f), F.S.
All States: If you are subject to the law of another jurisdiction, we make the following disclosures. THEREFORE you, the User, agree and understand that:
(i) Your resort, and in some cases governmental agencies, will charge fees in order to document the sale of your timeshare, we have no control over these fees.
(ii) You should utilize a licensed title agency to administer the closing of a timeshare to avoid falling victim to fraud or excessive demands by a third party.
(iii) You need to keep paying maintenance fees, mortgages, and other obligations related to your timeshare.
(v) We do not have a current buyer and have not identified a person interested in buying or renting your timeshare.
(vi) All information regarding results from using our services are documented on the Website.
(vii) We do not provide appraisals or otherwise specify that your timeshare has a specific resale value.
(viii) We will only charge your credit card after you have approved us to do so in writing, including an electronic signature.
You understand that the term “written Agreement” includes electronic signature.
You understand that the period to sell/rent your timeshare and the sales/rental price is determined by you the owner and market conditions, and the size, location, resort, amenities, and week that you desire to sell. The Company does not go to your resort to show your property. All our services are provided online. We have not promised you, the Seller/Renter, that your timeshare will sell or rent within any specific period of time.
The Company utilizes various advertising techniques, media and internet optimizations to attract buyers/renters to the Website or invite them to contact us directly for information. We do not specifically advertise your Timeshare at any timeshare resort or make visits to any timeshare resort as part of our services. Your Timeshare is presented through the Website only.
You grant to us a license to use all information and descriptions submitted by you regarding your timeshare, and give us ownership to all such information and copyrightable works in order to enforce the Rights and Licenses in the Website. You grant us the right to update, correct and/or modify outdated or discovered misinformation.

Sellers – For Sale By Owner (“FSBO Seller”)

The Company will forward all inquiries about your Timeshare directly to you, and you then negotiate the sale/rental of your Timeshare without further involvement of The Company.
You agree that you have read and understand the different options available to you as a FSBO Seller at the time that you purchased your subscription to the services provided by the Company. We agree to provide the level of benefits that are applicable to the services that you purchase.
Our staff will assist potential Buyers in using the Website but are not your agents and will not steer or direct potential Buyers to a specific Seller’s timeshare.
You, as a FSBO Seller, understand that you are solely responsible for contacting potential Buyers, negotiating with them, and entering into a contract without any involvement of The Company. We recommend that you use a licensed bonded title company to perform the closing of any contract and urge you to call us for a recommendation. Furthermore, you understand that most Buyers make inquiries on multiple timeshares and that we forward all inquiries to every Seller, and that it is your responsibility to respond in a timely manner, and that we have no control over which timeshare or from which Seller a Buyer chooses. Repeated failure to respond to Buyer inquiries may result in the FSBO advertisement being made inactive at the sole discretion of the Company.

Disclaimer No Warranties

INFORMATION CONTAINED IN THIS WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR FREE FROM ERRORS, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IT DISCLAIMS LIABILITY FOR AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE INTERPRETATION OR RESULTS OF THE USE OF MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS OF USE AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.

Rights and Licenses in the Website

The Company grants you a limited, personal, nontransferable, non-sublicenesable, revocable license to access and use the Website only as expressly permitted in these Terms of Use. Except for this limited license, we do not grant you any other rights or license with respect to this Website; any rights or license not expressly granted herein are reserved. The Company reserves the right to prohibit commercial use of the Website and you agree that the Company in its sole discretion can determine what commercial use is. If the company determines the use of the Website is commercial use, you agree and understand that you will not be entitled to a refund.
Modification or Use of any material from this Website or use for any other purpose is a violation of our copyright and other proprietary rights. Use of any such material from this Website, including aggregating information from the Website for distribution on any other Website or computer environment is prohibited, and you, any User, Buyer or Seller, agree that, in addition to all remedies we may have, we have the right to seek a temporary or permanent injunction on an ex parte motion to the court to stop or prevent further violations of this restriction and agree that the court may enter such a decision against you.
All content is protected under the copyright and intellectual property laws of the United States and other countries.

Limitation of Liability & Indemnification

Under no circumstances shall We or any affiliated company 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 materials in this Website, even if you or a your authorized representative has been advised of the possibility of such damages. This Website is operated by us within the United States of America; as such these Terms of Use shall be governed by and enforced in accordance with the laws of the State of Florida. If a court of competent jurisdiction finds any part of these Terms of Use void or unenforceable, the remainder should be enforced and the court should use its authority to amend it in order to fulfill the stated purposes of these Terms of Use to the fullest extent permitted by law.
You agree to indemnify and hold The Company and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand including reasonable attorneys’ fees incurred by The Company or others (i) due to information you: submit, post, or otherwise make available through the Website; (ii) your use of the Website or any other Company service; (iii) your breach of any warranties or other provision of these Terms of Use; or (iv) your violation of any rights of another user of the Website.

Copyright Notice

Copyrights are held by their respective owners. All the text, graphics, audio, design, software, and other works are the copyrighted works of The Company. All Rights Reserved. Any redistribution or reproduction of any materials herein is strictly prohibited.
Timeshare resorts may be referenced on this website; however, the Company is not affiliated with or the owner of any trademarks or other marketing information used to identify the timeshare property owned by a Seller or Represented Seller. Such marks are only used to assist Buyers in correctly identifying the property being advertised and such use is solely for the purpose of preventing confusion between the different timeshare properties. Furthermore, Owners of the Timeshare which are shown on this Website grant the Website permission and the right to act as they would regarding the use of any trademarks in order to correctly identify the Timeshare and limit the use to the words describing the Timeshare and not any symbols or logos for the timeshare or timeshare resort.

Privacy Statement

We have adopted our Privacy Policy to protect you, our valued customer. By submitting an offer on this site, you agree to the terms of our Privacy Policy and the information you are providing, and/or have provided us in the past, will be covered by this Privacy Policy.

Introduction

This Website is independently owned and operated. The following describes the privacy policy (as amended or otherwise changed from time to time, the “Privacy Policy”) applicable to the services available through the Company Website. Certain services that you may access on this Website are provided by our third party partners. Protection of your information relating to such services will be governed by the privacy policy of such third party. By visiting the Website, you are accepting the Privacy Policy described herein. For information about the Company read here .

Our Commitment to Your Privacy

With our services, The Company is proud to be a leader in the field of electronic commerce and a true innovator in the way people buy and sell timeshares.
We value your trust in us and will work hard to earn your confidence so that you can enthusiastically use our services and recommend us to your friends and family.

Information We Collect

We collect personally identifiable information (“Personal Data”) about you that you specifically and voluntarily provide to us while using the Website. Personal Data includes
information that can identify you as a specific individual, such as your name, address, phone number, credit card number or e-mail address.

Protecting Your Personal Data

The Personal Data you provide us is saved in a secure environment and is kept in our records to make it easier for you to use our services on return visits. Information collected by The Company is stored in a single, secure database, accessible only by us. To prevent unauthorized access, maintain data accuracy, and ensure correct use of information, we will employ reasonable and current Internet security methods and technologies. The Company has created a secure environment for credit card transactions.

How We Use the Information We Collect

We use the Personal Data we collect to provide you with the products and services you purchase or offer to purchase from our Website, and to build features that will make the services available on the Website easier to use. This includes faster purchase requests, better customer support and timely notice of our services and special offers. From time to time, we may contact you to request feedback on your experience using the Website, to assist us in improving the Website, or to offer special savings or promotions to you, as a Website user. If you would prefer not to receive notices of special savings or promotions, you may simply opt-out from receiving those by replying to the hyperlink provided in these notices. At its sole discretion, the Company may use your feedback regarding its services in marketing materials and may attribute them to you without revealing your full name or contact information.

Sharing Your Personal Data

Services:

Many of the services we provide you require that we share information with buyers/sellers/agents/brokers/etc.—you agree that we may share this information in order to provide the services promised to you to these persons and to affiliated and subsidiaries of the Company as needed to perform the services.

Agents:

Many of the operations we perform require us to hire other companies to help us with these tasks. For example, The Company hires other companies to help us handle mail and e-mail (including sending and delivering packages, postal mail and e-mail), analyze the data we collect, market our products and services, handle credit card transactions and provide customer service. The companies we employ to help us with these tasks have access to Personal Data to perform their functions, but may not use it for other purposes. Also, we require all agents to whom Personal Data is disclosed to enter into confidentiality agreements to protect your Personal Data.
Advertisements, Marketing Material and Other Offers: Unless you tell us that you do not want to receive these offers, The Company will occasionally send advertisements; marketing material or other offers on behalf of other businesses that we think might be of interest to you. This material is sent by the Company, and we do not give that other business your name or address. If you do not want to receive these advertisements, marketing material or other offers, please notify us to unsubscribe.
Future Business Transfers: Our business is constantly changing. As part of that process, The Company may sell or buy other companies and Personal Data may be transferred as part of these transactions. It is also possible that The Company, or substantially all of its assets, may be acquired by another company, whether by merger, sale of assets or otherwise, and Personal Data may be transferred as part of such a transaction.
Compliance with Law and Protection of The Company: The Company reserves the right to release Personal Data in order to comply with the law. We may also release Personal Data to enforce or apply the terms and conditions applicable to our products and services, or protect the rights, property or safety of us, our users, or others.

Consent:

If none of the categories described above apply, we will notify you to obtain your consent if we believe it is necessary and appropriate to share your Personal Data with someone else. You will have the right to tell us not to share your Personal Data.
How You Can Access or Change Your Personally-Identifying Information
We understand that you may want to change or access your Personal Data. You may do so by contacting us. To protect your privacy and security, we will verify your identity before making changes to your personally-identifying information. If you have registered your profile on any of the services available on our Website, you will have to contact us in order to access your account information.
Amendments to this Privacy Policy
The Company reserves the right to modify or amend this Privacy Policy without notice at any time and for any reason at its sole discretion.
A Special Note About Children
Persons under the age of 18 are not eligible to use any services on our Website and we do not knowingly collect personal information from children under 13. If you know we have collected information about a child under age 13, please notify us immediately. If we learn from any source that we have collected personal information from a child under age 13, we will delete that information as quickly as possible, and you agree that you have no claim to recover that information.

How to Contact Us

Should you have any questions, concerns or comments, please contact us via email or phone.

Disclosure of Personal Information to Third Parties

We do not disclose your Personal Information or information about your use of Website (such as the areas you visit or the services you access) to anyone, except in the following situations:
To third parties if you consent to such disclosure or if such disclosure is necessary for you to receive the Services you want. For example, if you wish to be contacted via e-mail by potential buyers or renters of your Timeshare, we send your e-mail address to these third parties only. We do not give out names, addresses, or phone numbers. If you are reserving a Timeshare at a resort, we may provide your Personal Information to the resort. We cannot monitor and have no control over the use of your Personal Information by such third parties, whether individuals or companies such as resorts.
To Website employees, contractors, and affiliates who we believe need that access in order to do their jobs and to provide products and services to you. Many of the services we perform require us to hire others to help us with certain tasks. For example, Website hires companies to help us handle the delivery of information to you, including sending and delivering packages, postal mail and e-mail. We may also work with contractors who help us analyze the data we collect, market our products and services, and improve the Web Site to serve you better. The companies we employ to assist us with these tasks have access to Personal Information to perform their functions, but are not permitted to use Personal Information for any other purposes. Both Website employees and the third parties with whom we contract are required to sign confidentiality agreements that forbid the use of Personal Information other than for purposes of performing their work for Website.
To outside credit card processing companies and bank check processing companies. These companies do ot retain, share, store, or use Personal Information for any purposes other than to support the Website in providing our Services and to support you in purchasing Services.
For legal and safety purposes, (a) in response to subpoenas, court orders, or legal process, or if needed to establish or exercise our legal rights or defend against legal claims; (b) if requested to do so by a governmental entity; or (c) if we believe in good faith that such action is necessary to prevent a crime, protect national security, or protect the personal safety of users or the public.