RedWeek, Inc. Terms of Service

Version 23 (Posted June 18, 2024)

These Terms of Service (“Terms of Service”) govern your access and use of the website and its content. This website is owned and operated by RedWeek, Inc., and its subsidiaries and affiliates (collectively referred to herein as "RedWeek", "We", "Us", and "Our") located at 10450 Turkey Lake Rd, Suite 690211; Orlando, FL 32819. If you continue to browse and use this website, You are agreeing to comply with and be bound by the following terms, which together with Our Privacy Policy govern Our relationship with You in relation to Your access and use of this website. If You disagree with any part of these terms, please do not use Our website.

A. RedWeek Membership Terms and Conditions

  1. MEMBERSHIP.

    This section titled RedWeek Membership Terms and Conditions (“Terms and Conditions”) set forth a binding agreement between RedWeek, Inc. and its affiliates (collectively, “RedWeek”, “Provider”, “We”, “Us”, or “Our”) and the followings persons hereinafter referred to as “Member”, “Your” or “Purchaser”:

    1. each RedWeek member who purchases a membership through RedWeek at redweek.com.
    2. each RedWeek guest who uses the redweek.com website to view offerings; and
    3. those guests who are enrolled in a RedWeek Membership by completing their first booking through www.redweek.com

    So long as Member complies with these Terms and Conditions (“Agreement”), including, where applicable, timely payment (in advance) of Annual Membership Fees, Member shall be eligible to receive “Membership Benefits.”

  2. PAYMENT, TERM, AND CANCELLATION FOR REDWEEK MEMBERS WHO PURCHASE OR RECEIVE A FREE MEMBERSHIP THROUGH REDWEEK.

    For Members who purchase a Membership through RedWeek, in return for receiving the Membership Benefits, Member promises to pay Provider (in advance) according to this Agreement. In order to facilitate the Membership, Member hereby agrees to provide Provider with payment information for a valid credit or debit card that MEMBER IS AUTHORIZED TO CHARGE AT ALL TIMES DURING THE TERM, AND MEMBER HEREBY CONSENTS TO USING SUCH CREDIT OR DEBIT CARD, AS APPLICABLE. Payment for Membership Benefits are due in advance, and Member is not eligible to receive any Membership Benefits or other goods or services contemplated by this Agreement unless Member has paid Provider for such Membership Benefits or other goods or services in advance. If Member fails to pay any Annual Membership Fee or other fee or charge contemplated by this Agreement on or before the stated due date thereof, Member will be ineligible to receive any associated Membership Benefits, including but not limited to the ability to contact owners to rent or buy timeshares, adding rental or resale postings, and accessing resort reviews, and the Provider may terminate this Agreement without notice to Member any time after thirty (30) days of any missed or late payment, or otherwise reduce Member's access to Guest access.

    TERM: The term of this Membership begins on the Enrollment Date and continues on an annual basis until cancelled or expired as provided herein (the “Term”).

    CANCELLATION:

    MEMBER'S RIGHT TO CANCEL: Member may cancel this Agreement by providing written Notice of Cancellation to Provider as detailed below, subject to the following requirements:

    1. YOU, THE MEMBER, MAY CANCEL THIS TRANSACTION AND RECEIVE A FULL REFUND AT ANY TIME PRIOR TO MIDNIGHT OF THE TENTH (10th) CALENDAR DAY AFTER THE DATE OF THIS AGREEMENT.
    2. FOLLOWING THE TENTH (10TH) CALENDAR DAY AFTER THE EFFECTIVE DATE, MEMBER MAY CANCEL THIS AGREEMENT AT ANY TIME, SUBJECT TO PAYMENT OF ANY OUTSTANDING BALANCES OWED BY MEMBER.
    3. FLORIDA RESIDENTS: YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR OBLIGATION WITHIN 30 DAYS FROM THE DATE OF PURCHASE OR RECEIPT OF THE VACATION CERTIFICATE, WHICHEVER OCCURS LATER. YOU MAY ALSO CANCEL THIS CONTRACT IF ACCOMMODATIONS OR FACILITIES ARE NOT AVAILABLE PURSUANT TO A REQUEST FOR USE AS PROVIDED IN THE CONTRACT. TO CANCEL THIS AGREEMENT, A SIGNED AND DATED COPY OF A STATEMENT THAT YOU ARE CANCELING THE AGREEMENT SHOULD BE MAILED AND POSTMARKED OR DELIVERED TO PROVIDER NO LATER THAN MIDNIGHT OF THE THIRTIETH (30th) DAY AFTER THE EFFECTIVE DATE. NO PURCHASER SHOULD RELY UPON THE REPRESENTATIONS OTHER THAN THOSE INCLUDED IN THIS CONTRACT. This contract is for the purchase of a vacation certificate and puts all assignees on notice of the consumer's right to cancel under section 559.933, Florida Statutes. Following thirty (30) days after the Effective Date of the Membership, Member may cancel this Agreement for any reason; however, Subscriber will be responsible for payment of all outstanding balances accrued through the effective date of cancellation.

    MEMBERS CAN CANCEL THE MEMBERSHIP ENROLLMENT BY PROVIDING WRITTEN NOTICE OF SUCH CANCELLATION TO THE FOLLOWING ADDRESS, 10450 TURKEY LAKE RD, STE 690211; ORLANDO, FL 32819, OR BY EMAIL AT SUPPORT@REDWEEK.COM.

    PROVIDER'S RIGHT TO CANCEL. Provider may cancel this Agreement any time after any: (1) failure by Member to pay amounts owing to Provider when due; or (2) any other breach by Member of any provision of this Agreement.

    FOR REDWEEK GUEST MEMBERS:

    The term of the Membership begins upon the enrollment of the Member into a Guest Membership and continues therein until cancelled by the Member. MEMBERS CAN CANCEL THIS ENROLLMENT BY i) PROVIDING WRITTEN NOTICE OF SUCH CANCELLATION TO THE FOLLOWING ADDRESS, 10450 TURKEY LAKE RD, STE 690211; ORLANDO, FL 32819, ii) EMAILING SUPPORT@REDWEEK.COM.

    FOR WASHINGTON RESIDENTS: If transportation or other services are canceled by the seller of travel, all sums paid to the seller of travel for services not performed in accordance with the contract between the seller of travel and the purchaser will be refunded within thirty days of receiving the funds from the vendor with whom the services were arranged, or if the funds were not sent to the vendor, the funds shall be returned within fourteen days after cancellation by the seller of travel to the purchaser unless the purchaser requests the seller of travel to apply the money to another travel product and/or date.

    THE FOREGOING MEMBERSHIP CANCELLATION SECTION APPLIES ONLY TO REDWEEK MEMBERSHIP ENROLLMENTS AND DOES NOT APPLY TO ANY RENTAL TRANSACTIONS FACILITATED THROUGH REDWEEK. FOR ALL RENTAL TRANSACTIONS PLEASE SEE THE RENTAL AGREEMENT FOR FULL TERMS AND CONDITIONS RELATED TO RENTALS. IN THE EVENT OF ANY CONFLICT BETWEEN THE RENTAL AGREEMENT AND THESE TERMS OF SERVICE, THE RENTAL AGREEMENT SHALL CONTROL.

  1. TRAVEL FULFILLMENT PROVIDER.

    The administrator and operator of the Membership and the travel services provided thereunder is RedWeek, Inc., (“Provider”). Provider is located at 10450 Turkey Lake Rd, Ste 690211; Orlando, FL 32819. RedWeek, Inc. ("Redweek") is a Registered Seller of Travel in the following states: Washington UBI#602 175 330 001 0001; Hawaii: TAR-7466 (Hawaiian travel agency trust account named Client Trust Account #87-279298); Florida ST43935; and California #CST 2151730-50. Registration as a seller of travel does not constitute approval by the State of California. RedWeek is not a participant in the California Travel Consumer Restitution Fund. California requires certain sellers of travel to have a trust account or bond. RedWeek maintains a Consumer Protection Bond issued by Harco National Insurance Company in the amount of $100,000.00.

  2. ELECTRONIC SIGNATURE CONSENT AND COMMUNICATIONS.

    BY ENROLLING AND JOINING THE REDWEEK MEMBERSHIP PROGRAM, YOU ACKNOWLEDGE TO HAVING READ AND UNDERSTAND THE TERMS OF THIS ENROLLMENT, AND YOU INTEND FOR IT TO BE AN EFFECTIVE AND ENFORCEABLE SIGNATURE WHICH SHALL HAVE THE SAME LEGAL EFFECT FOR ALL PURPOSES AS A HANDWRITTEN SIGNATURE.

    FURTHER, YOU CONSENT TO RECEIVE AUTOMATED TELEPHONE CALLS AND TEXT MESSAGES AT THE TELEPHONE NUMBERS PROVIDED UPON YOUR ENORLLMENT CONCERNING PRODUCTS AND SERVICES OFFERED BY OR ON BEHALF OF REDWEEK, INC. YOU UNDERSTAND THAT CONSENT IS NOT REQUIRED TO MAKE ANY PURCHASE OF GOODS OR SERVICES FROM REDWEEK AND YOUR CONSENT MAY BE REVOKED AT ANY TIME. MESSAGE AND DATA RATES MAY APPLY.

  3. AML AND OFAC COMPLIANCE.

    Member represents and covenants to the Provider that Member is not and will not become, an OFAC Prohibited Person, and Member is not acting and will not act as an agent or nominee in connection with this transaction on behalf of an OFAC Prohibited Person. Member agrees to provide Provider at any time with such information as Provider determines appropriate to comply with the Anti-Money Laundering Laws of the United States and similar laws. Provider may suspend performance under the Membership including Member's use of Membership Benefits, while Provider performs investigations of Member to ensure that Member is not an OFAC Prohibited Person. If Provider is unable to determine, in Provider's sole, unilateral and subjective discretion, that Member is not an OFAC Prohibited Person, Provider may cancel the Membership and terminate Member's Membership by giving notice to Member. Provider shall maintain any monies paid by Member in connection with the Membership in compliance with applicable law.

  4. No oral promises, representations, or statements are part of this Membership , and the terms of the Membership include the Privacy Policy, which constitutes the entire agreement between Member and Provider. Except as provided herein, Provider makes no warranty regarding the Membership Benefits including the products and services provided by third parties. If any provision in this Agreement is unenforceable, the unenforceability will not affect the validity of any other provision.

B. Rental and Resale Terms

This Section B, Rental and Resale Terms, applies to any and all renters, posters, purchasers and any of their guests who browse, shop, book, post, or purchase any rental through RedWeek.

  1. FULFILLMENT PROVIDER FOR RENTAL BOOKINGS

    The fulfillment provider for any rental and travel services purchased through RedWeek.com is RedWeek, Inc. (“RedWeek”). RedWeek is located at 10450 Turkey Lake Rd, Ste 690211; Orlando, FL 32819. Provider is a Registered Seller of Travel in the following states: Washington: UBI 602 175 330 001 0001; Hawaii: TAR-7466; Florida ST43935; and California #CST 2151730-50. As the provider of the RedWeek platform, RedWeek is not a party to the contracts entered into directly between Owner and Renter nor is RedWeek a real estate broker, agency, insurer, or otherwise. RedWeek does not represent either party to the transaction and is not acting as an agent in any capacity. Processing and servicing fees may be charged and are subject to change, from time to time, at the sole discretion of RedWeek without prior notice. The charge for Taxes and Fees varies based on a number of factors including, without limitation, the amount RedWeek pays the Resort and the location of the Resort where you will be staying, and may include fees that RedWeek retains.

    The RedWeek platform enables Members to publish, offer, search for, and book rentals. Members who publish and offer rentals are "Owners" and Members who search for, book, or use services are "Renters." As the provider of the RedWeek Platform, RedWeek does not own, control, offer or manage the properties for any Rental, Resale or other related Services.

    You acknowledge that RedWeek has the right, but does not have any obligation, to monitor the use of the RedWeek Platform and verify information provided by our Members. For example, we may review, disable access to, remove, or edit Content to: (i) operate, secure and improve the RedWeek Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members' compliance with these Terms of Service; (iii) comply with applicable laws or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by sorting or removing Rental Listings that don't meet quality and eligibility criteria, or otherwise in RedWeek's discretion.

  2. REDWEEK'S ROLE FOR RESALES

    Member understands that neither Redweek, Inc. nor RedWeek Real Estate, LLC (herein “RedWeek”) is a party to the Resale Contracts and only connected the Buyer and Seller through its resale platform and will receive a commission as a transaction broker. Member acknowledges that RedWeek is not an agent of Buyer or Seller, is not acting in a fiduciary capacity, and otherwise has no responsibility or liability related to this Contract. Further, RedWeek is not an agent of Title Company or Escrow Agent, nor is the Title Company or Escrow Agent an agent of RedWeek.

  3. REDWEEK DOES NOT CONTROL RENTAL AND RESALE TRANSACTIONS
    1. FULL-SERVICE POSTINGS

      We allow our members to opt for Full-Service assistance when renting out or selling their timeshare unit. When opting for a Full-Service posting we will verify the details of the posting with the resort, list the property on RedWeek.com and act as a neutral intermediary between the Timeshare Owner and prospective buyers or renters.

      As the poster of Full-Service Postings, we do not own, control, offer or manage the properties for any Rental, Resale or other related Services. We are not responsible for the conditions of the timeshare unit or property. Further, we are not responsible for the timeshare renter or purchaser and any actions they may take while at the timeshare property.

    2. FOR DO-IT-YOURSELF POSTINGS

      We allow our members who create do-it-yourself (“DIY”) postings to communicate directly with each other and complete the transaction on their own. We do not represent, or act, for either the buyer or the seller, nor do we act as an intermediary between the prospective parties to a DIY transaction. As a result, We have no control over the quality, safety, or legality of the DIY properties posted, the truth or accuracy of the postings, the ability of sellers to sell the interval or unit, or the ability of buyers to complete the purchase.

      We are not legally responsible for any problems that arise between the parties in a DIY transaction. We encourage You to take precautions to ensure Your transactions are safe, and We provide information in Our resources section to offer assistance. We are not real estate brokers, so if You are selling or purchasing a timeshare interest, We advise You to use a licensed real estate broker or participate in Our full-service resale program. If You rent a unit via a DIY posting, it would be wise to verify the Owner has the legal right to transfer the unit to You.

    3. REDWEEK'S ONLINE BOOKING SYSTEM

      RedWeek offers an online booking system; all Full-Service rentals are required to use this booking system for rental transactions and Owners posting Do It Yourself rentals have the option to use the same system. Once a Renter has submitted payment through RedWeek's online booking system, it is the responsibility of the Timeshare Owner to accept the offer and change the name on the reservation within 48 hours. For these Rentals, we do not require the Owner advertise with RedWeek exclusively, but in the event that we send a booking request and the unit is no longer available, for any reason, without prior deactivation or written notice to RedWeek, the Owner will be responsible for the Success Fee agreed to when purchasing the posting.

  4. SUCCESS RATE OF RENTALS AND RESALES

    We make no representations as to the period of time it will take to sell/rent a timeshare interval, the success rate of properties advertised on Our website, or the sale/rental price an owner may receive on a DIY posting. We may not be held liable for any unsuccessful transaction. Our full-service offerings rely on third parties to verify timeshare ownership information, manage full-service resale closings, and hold money in escrow, and as such, We cannot be held liable for any failings on their part. We will notify owners as soon as We become aware of any errors in order to mitigate any loss of time or revenue. AS IT RELATES ONLY TO THE RESALE OF TIMESHARES, ALL MONEY HELD IN ESCROW IS HELD IN FLORIDA AND GOVEREND BY FLORIDA REAL ESTATE LAW, UNLESS OTHERWISE NOTED IN THE RESPECTIVE PURCHASE AGREEMENT. REDWEEK FACILITATES SALES WITH INDEPENDENT TITLE COMPANIES AND THEIR RESPECTIVE ESCROW AGENTS WHO ARE RESPONSIBLE FOR ANY ESCROW ACCOUNTS AND HANDLING OF FUNDS FOR RESALE TRANSACTIONS.

  5. FOLLOW THE GUIDELINES FOR POSTING YOUR UNIT

    You must be legally able to sell the unit(s), points, or designated time period for the unit You post for sale or rent on this website. You must describe Your unit or offering accurately and disclose all terms of sale in Your posting. Participating in a sales presentation cannot be a condition of renting any timeshare property.

    Your postings may only include text descriptions, graphics, pictures, and other content relevant to the rental or sale of that item. By submitting Your content, You agree that You own or have the necessary licenses, rights, consents and permissions to all patent, trademark, trade secret, copyright, or other proprietary rights ("Rights") to Your content and any other works that you incorporate into Your content. By posting these items on Our site, You agree to transfer relevant copyrights to Us. We reserve the right to remove any information, including photos and advertisements, that violates another company's copyright license, is for other services that do not belong on a page, or to otherwise limit a user's ability to post.

    No timeshare rental, sale, exchange, or want ads are permitted on any pages of this website other than those designed for such purpose.

    We reserve the right to remove postings, prevent future postings, or otherwise limit a user's ability use our website or post their units, at any time and in Our sole and absolute discretion without notice.

  6. WE DO NOT WARRANT THE IDENTITY OF OUR USERS

    While We do take precautions to ensure the identity of Our users, We cannot, and do not, assume any responsibility for the confirmation of each user's identity. We encourage You to communicate with potential rental and sale parties through the tools available on the site until You are comfortable dealing with the person.

    You should consider using a third-party escrow service, licensed real estate broker, or other services that provide additional user verification.

    Please note that there are risks of dealing with underage persons or people acting under false identification. Additionally, there may also be risks dealing with international trade and foreign nationals. Simply do not pretend to be somebody You are not and always make sure You know who You are dealing with.

  7. WARNINGS OF SUSPICIOUS ACTIVITY

    While We do take certain measures to avoid potentially fraudulent or other illegal activity when We become aware of it, We assume no liability or obligation to take any such measures or actions. In the event We do provide warnings or messages to users about any such activity, We do not warrant that such messages are accurate or that such messages will reach any or all users they should have reached in a timely manner or at all or that such messages or measures will prevent any harm, result or action.

  8. RESALE ADVERTISING SERVICES

    RedWeek may act as a resale advertiser for the rental and purchase of timeshare interests on RedWeek.com. The RedWeek platform enables parties to facilitate rental and resale transactions on their own by allowing RedWeek members to post their timeshares on RedWeek.com for a fee. All timeshare resale postings will remain live for one year. You will only be charged the fee as disclosed to you during enrollment, rental, purchase, and or/sale respectively. Fees may be charged at the time of enrollment as a Member, the posting, rental, or upon the completed sale, as applicable.

  9. REFUNDS

    Purchases made on RedWeek are non-refundable, with the following exceptions:

    1. DIY RENTAL AND RESALE POSTINGS
      Timeshare rental and resale DIY postings are non-refundable. If You rent or sell before the ad expires, remaining time can be used to advertise another offer of the same type (rental or resale) only at the same resort or point system by editing the existing posting.
    2. FULL-SERVICE PRODUCTS AND VERIFICATION
      We provide pro-rated refunds on all full-service products and verifications based on the amount of time Our staff has worked on them. If We receive a refund request before starting work, a full refund will be provided. If You have any questions on Our refund policy, please contact us. The refund confirmation e-mail sent by Our accounting department will act as a proof of the cancellation of service.

FOR NORTH CAROLINA RESIDENTS ONLY:

Any resale contract entered into by or on behalf of the consumer timeshare reseller must comply in all respects with G.S. 93A-67, including the provision of at least a five-day cancellation period for the prospective consumer resale purchaser.

RedWeek will provide resale advertising services pursuant to this contract. If the resale advertiser represents that they have identified a person who is interested in purchasing or renting your timeshare, then the resale advertiser must provide you with the name, address, and telephone number of such represented interested resale purchaser.

You have an unwaivable right to cancel this contract for any reason within five days after the date you sign this contract. If you decide to cancel this contract, you must notify RedWeek in writing of your intent to cancel. Your notice of cancellation shall be effective upon the date sent and shall be sent to Cancellations, RedWeek, 10450 Turkey Lake Rd, Ste 690211; Orlando, FL 32819 or to support@redweek.com. Your refund will be made within 20 days after receipt of notice of cancellation or within five days after receipt of funds from your cleared check, whichever is later.

You are not obligated to pay Redweek any money unless you sign this contract and return it to the retail advertiser.

Important: Before agreeing to this contract, you should carefully review your original purchase document and other timeshare program documents to determine whether the developer has reserved a right of first refusal or other option to purchase your timeshare or to determine whether there are any restrictions or special conditions applicable to the resale or rental of your timeshare.

C. General Terms and Conditions

This Section C, General Terms and Conditions, apply to all visitors of the Website, including but not limited to all Members, Guests, renters, posters, purchasers and any guests of the same.

  1. MODIFICATIONS OF THESE TERMS

    The Terms of Service are subject to change at Our sole discretion without prior notice. By purchasing products and services through Us, You acknowledge and agree to be bound by any posted revisions to these Terms of Service. If any provision in these Terms and Service is unenforceable, the unenforceability will not affect the validity of any other provision.

  2. FORCE MAJEURE

    PROVIDER DOES NOT ASSUME, AND HEREBY EXPRESSLY DISCLAIMS, ANY LIABILITY OR RESPONSIBILITY, WITHOUT LIMITATION, FOR ANY DAMAGE, EXPENSE, INCONVENIENCE, LOSS, INJURY, DEATH OR DAMAGE TO PERSONS OR PROPERTY WHILE TRAVELING OR ON ANY AIRCRAFT/SHIP IN TRANSIT TO AND FROM THE TRAVEL, OR FOR ANY CAUSE WHATSOEVER DUE TO DELAYS AND/OR CANCELLATIONS DUE TO PANDEMICS, NATURE, OIL SPILLS, MECHANICAL BREAKDOWNS, STRIKES, CIVIL UNREST, TERRORISM (OR THREAT OF TERRORISM), ACTS OF GOD, OR GOVERNMENT RESTRICTIONS ON TRAVEL, MOVEMENT OR LARGE-GATHERINGS.

  3. PRIVACY POLICY

    Provider will maintain all of Member's personal and private information in confidence and will use such information in accordance with the Privacy Policy, incorporated herein by this reference. Upon enrolling or providing us with your contact information, , You agree to begin receiving promotional emails for promotional and marketing purposes related to or on behalf of RedWeek programs and benefits. Please see the Privacy Policy posted on RedWeek.com. You are encouraged to regularly check the for updates and changes to the Privacy Policy. Your s continued use of the Website shall be deemed to constitute Your agreement to and acceptance of any revision to or replacement of the privacy policy.

  4. GOVERNING LAW

    You agree that the transactions contemplated through this Website or through RedWeek have a substantial nexus with the State of Arizona, that notices to Provide shall be delivered to Provider at its office in the State of Arizona, and that these Terms of Service and your enrollment into RedWeek shall be governed by and construed and enforced in accordance with the internal laws of the State of Arizona.

  5. INDEMNIFICATION

    YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS US, OUR AFFILIATES AND THIRD-PARTY CONTENT PROVIDERS OR LICENSORS AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ALL CLAIMS, INCLUDING BUT NOT LIMITED TO, THIRD PARTY CLAIMS, DAMAGES, COSTS AND LIABILITIES, INCLUDING REASONABLE ATTORNEY'S FEES ARISING OUT OF OR IN CONNECTION WITH, YOUR VIOLATION OF THESE TERMS OF SERVICE.

  6. LIMITATION OF LIABILITY

    PROVIDER SHALL NOT BE LIABLE FOR AND DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY LOSS, DAMAGE, DELAY, DEATH OR INJURY TO PERSONS OR PROPERTY ARISING FROM OR AS A RESULT OF THE ACTS OR OMISSIONS AND/OR REPRESENTATIONS (WHETHER ORAL OR WRITTEN) RELATING TO THE MEMBERSHIPS AND SERVICES PURCHASED THROUGH PROVIDER INCLUDING WITHOUT LIMITATION ANY RENTAL BOOKING, TRAVEL RESERVATION, OR OTHERWISE REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. PROVIDER'S COLLECTIVE LIABILITY FOR ANY CLAIM ARISING FROM, IN CONNECTION WITH, OR AS A RESULT OF THIS AGREEMENT, ANY BENEFITS OFFERED, AND/OR THE ACTS OR OMISSIONS AND/OR REPRESENTATIONS (WHETHER ORAL OR WRITTEN) RELATING TO THE MEMBERSHIP BENEFITS AND SERVICES PROVIDED BY PROVIDER HEREUNDER SHALL BE AND HEREBY ARE EXPRESSLY LIMITED TO THE ANNUAL MEMBERSHIP FEES PAID BY MEMBER TO PROVIDER IN THE SIX (6) MONTHS PRECEDING THE DATE THAT ANY SUCH CAUSE OF ACTION ACTUALLY ACCRUED. IN NO EVENT SHALL PROVIDER BE LIABLE FOR SPECIAL, CONSEQUENTIAL, LIQUIDATED, INCIDENTAL, INDIRECT, EXEMPLARY, MORAL, OR PUNITIVE DAMAGES EVEN IF NOTIFIED OF THE POSSIBILITY OF SAME. THIS LIMITATION OF LIABILTY SECTION SHALL EXTEND TO, BENEFIT, AND EXPRESSLY APPLY TO PROVIDER AND ITS AFFILIATED COMPANIES, SUCCESSORS, ASSIGNS AND AGENTS.

    Further, our disclaimers of liability apply to damages or injury caused by any performance failure, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access or alteration, whether the damage related to breach of contract, tortious acts, negligence, or any other cause of action. You acknowledge that We are not liable for defamatory, offensive, or illegal conduct of third parties, including Users to this website. We expressly disclaim and are not responsible for any information posted, shared, displayed, or written by users on any part of Our website including, but not limited to, the Forums available on this Website. The risk of any of the above rests entirely with You. We and any individual or entity involved in creating, producing, or distributing any content or information on this website, are not liable for any direct, indirect, incidental, special, punitive, liquidated, exemplary, moral or consequential damages that result from the use or the inability to use this website or from the breach of any warranty.

  7. JURY TRIAL WAIVER; ARBITRATION; ATTORNEY'S FEES.

    ANY DISPUTE OR CONTROVERSY ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT (A “DISPUTE”) SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF COURTS OF COMPETENT JURISDICTION SITUATED IN MARICOPA COUNTY, ARIZONA, AND THE PARTIES HEREBY IRREVOCABLY WAIVE ANY OBJECTION OF FORUM NON CONVENIENS IN CONNECTION WITH ANY DISPUTE. NOTWITHSTANDING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES IRREVOCABLY WAIVE ANY RIGHT THEY MAY HAVE UNDER APPLICABLE LAW TO A TRIAL BY JURY IN ANY DISPUTE AND AGREE TO SUBMIT TO TRIAL BY THE COURT ON ALL ISSUES IN SUCH DISPUTE, AND AGREE THAT ANY DISPUTE, CONTROVERSY OR CLAIM ARISING UNDER, OUT OF, IN CONNECTION WITH OR IN RELATION TO MEMBER'S MEMBERSHIP AND/OR THIS AGREEMENT AND ANY RENTAL BOOKING SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION CONDUCTED IN ACCORDANCE WITH AND SUBJECT TO THE CONSUMER ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). ONE ARBITRATOR WILL BE SELECTED BY THE PARTIES' MUTUAL AGREEMENT OR, FAILING THAT, BY THE AAA, AND THE ARBITRATOR WILL ALLOW SUCH DISCOVERY AS IS APPROPRIATE, CONSISTENT WITH THE PURPOSES OF ARBITRATION IN ACCOMPLISHING FAIR, SPEEDY AND COST EFFECTIVE RESOLUTION OF DISPUTES. THE ARBITRAL TRIBUNAL MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. NOTWITHSTANDING THE TRIBUNAL'S POWER TO RULE ON ITS OWN JURISDICTION AND THE VALIDITY OR ENFORCEABILITY OF THE AGREEMENT TO ARBITRATE, THE TRIBUNAL HAS NO POWER TO RULE ON THE VALIDITY OR ENFORCEABILITY OF THE AGREEMENT TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS. JUDGMENT UPON THE AWARD RENDERED IN ANY SUCH ARBITRATION MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ARBITRATION SHALL TAKE PLACE IN MARICOPA COUNTY, ARIZONA. ANY AWARD ENTERED BY THE ARBITRATOR(S) SHALL BE FINAL AND JUDGMENT THEREON MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. IN ANY DISPUTE, CONTROVERSY OR CLAIM ARISING UNDER, OUT OF, IN CONNECTION WITH OR IN RELATION TO MEMBER'S MEMBERSHIP, THIS AGREEMENT, OR ANY OTHER RELATED AGREEMENT OR INSTRUMENT, THE PREVAILING PARTY SHALL BE ENTITLED TO RECOVER ITS COSTS AND REASONABLE ATTORNEYS' FEES.

  8. CLASS ACTION WAIVER

    YOU AND REDWEEK AGREE THAT ANY PROCEEDING TO RESOLVE OR LITIGATE ANY DISPUTE, WHETHER IN ARBITRATION, IN COURT, OR OTHERWISE, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR REDWEEK WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR REDWEEK ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND REDWEEK FURTHER AGREE THAT NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, REDWEEK, AND ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING.

    IF THE CLASS ACTION WAIVER (WHICH INCLUDES A WAIVER OF PRIVATE ATTORNEY-GENERAL ACTIONS) HEREIN IS FOUND TO BE ILLEGAL OR UNENFORCEABLE AS TO ALL OR SOME PARTS OF A DISPUTE, WHETHER BY JUDICIAL, LEGISLATIVE, OR OTHER ACTION, THEN THIS SECTION WILL NOT APPLY TO THOSE PARTS. INSTEAD, THOSE PARTS OF THE DISPUTE WILL BE SEVERED AND PROCEED IN A COURT OF LAW, WITH THE REMAINING PARTS PROCEEDING IN ARBITRATION.

D. Terms of Usage for RedWeek.com

This Section D, Terms of Usage for RedWeek.com, applies to all visitors of the Website, including but not limited to all Members, Guests, renters, listers, purchasers and any guests of the same.

  1. ELIGIBILITY

    Redweek.com (“Website”) is available only to people with enough capacity to bind in terms of applicable law. Consequently, this website and the information and services (if any) contained therein are not available or are not intended for minors. If You do not qualify, please stop using this website and leave it immediately. This website and the materials contained therein are for informational purposes only. By providing the materials, We are not providing any service or legal or professional advice. The information available on this website is based on sources believed to be accurate and reliable. We have made reasonable efforts to ensure the accuracy of this information, however, We do not in any way guarantee the accuracy of the information available on this website.

  2. BE AWARE OF YOUR ORGANIZATIONS RULES AND LIMITATIONS, WHICH MAY APPLY

    There may be rules or limitations that you are subject to from your home resort, homeowners' association, or applicable exchange company. It may prohibit you from engaging in a listing, renting, sale, or otherwise trading and You are responsible to know, and comply with those rules and restrictions. We are not responsible for notifying You or governing Your actions and cannot be responsible for Your compliance or the compliance of others who You contact. These Terms of Service and all disputes arising out of the use of the website shall be governed by and construed and enforced in accordance with the internal laws of the State of Arizona, U.S.A.

  3. CONTENT PROVIDED “AS IS”; DISCLAIMER OF WARRANT

    The content of the pages of this website is for Your general information and use only. It is subject to change without notice. All content and information is provided "as is", without any kind of warranties, either express or implied including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose.

    Neither We, nor Our affiliates, Our respective employees, agents or third-party content providers or licensors, if any, warrant that the service will be uninterrupted or error-free and do not make any warranty about the results that may be obtained from using this website or the content on this website. While We make reasonable efforts to ensure that the information provided herein is accurate and complete, the aforementioned parties disclaim any liability related to the inaccuracy of any content or any information, service, merchandise provided on or through this website by third parties. By using, viewing, transmitting, storing in any way, or otherwise using this website, its content, services, or the features available on this website, You give Your consent to each and every one of the terms and conditions set forth herein and expressly waive any right to claim ambiguity, error, or lack of consent as related to Your use of this website.

    While We make reasonable efforts to ensure that the information provided herein is accurate and complete, neither We, nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and We expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

    This website occasionally uses material previously published in other places. We do Our best to secure proper reproduction rights. If, in any case, We have not named a source accurately, please contact Us so We can correct the name of the source.

    This website occasionally uses material previously published in other places. We do Our best to secure proper reproduction rights. If, in any case, We have not named a source accurately, please contact Us so We can correct the name of the source.

  4. DO NOT USE INFORMATION ON REDWEEK WITHOUT OUR PERMISSION

    As a user of this website, you are not allowed to collect, aggregate, copy, scrape, duplicate, or display any part of the site through the use of data mining, robots, spiders, or other data gathering and extraction tools without Our permission.

    You also agree not to do any of the following, unless otherwise previously authorized by Us in writing:

    1. Copy, reproduce, upload, post, display, republish, distribute, or transmit any part of the content in any form whatsoever
    2. Reproduce any portion of the site on your website
    3. Modify, translate into any language or computer language, or create derivative works from any part of the site
    4. Reverse engineer any part of the site
    5. Sell, offer for sale, transfer, or license any portion of this website in any form to any third parties
    6. Use the site and its inquiry functionality other than to advertise and/or research timeshare postings, or to make legitimate inquiries to Our members
    7. Use the site or posting functionality or transmit information that is in any way false, fraudulent, or misleading, including making any inquiry under false pretenses, or taking any action that may be considered phishing or that would give rise to criminal or civil liability
    8. Use or access the site in any way that, in Our sole discretion, adversely affects or could adversely affect the performance or function of the site or any other system used by Us or this website

    If You are aware of or experience any content, activity, or communication through or in connection with this website that appears to be in violation of the above restrictions, or in violation of any other provision of these Terms of Service, we ask that You please contact us.

  5. REGISTRATION REQUIREMENTS TO THIRD-PARTY SITES PROHIBITED

    You may not require other members to create an account or register on a third-party Web site as a stipulation of doing business.

  6. LINKS TO THIRD PARTY SITES; NO ENDORSEMENT OF CONTENT

    From time to time, this website may also include links to other websites. These links are provided for Your convenience to provide further information. They do not signify that We endorse the website(s). We have no responsibility for the content of the linked website(s).

    We do not endorse, nor are We responsible for, the accuracy or reliability of any opinion, advice, or statement on this Website. We are not responsible for any offensive, defamatory or obscene posting made on this website by anyone. We are not liable for any loss of damage caused by Your reliance on information obtained through the content and/or postings on this website. It is the responsibility of You to evaluate the accuracy, completeness or usefulness of opinions, information, advice, or other content on this website. We do not endorse, warrant, or guarantee any product or service offered by a third party on this website. We will not be a party to or monitor any transaction between You and any third-party provider of products or services. Just as an individual would use his or her own best judgment and exercise caution before purchasing any product or service, You should do so in these transactions.

    Your use of any information or materials on this website is entirely at Your own risk, for which We shall not be liable. It shall be Your own responsibility to ensure that any products, services, or information available through this website meet Your specific requirements.

  7. BE RESPECTFUL

    When communicating with other users, You are required to keep everything truthful at all times and refrain from threatening or hurting anyone with abusive or harassing language. We reserve the right to determine if Your use or language is in violation of Our terms, if We determine the same in Our sole discretion, We reserve the right to limit your ability to post on Our Website, restrict access to Our Website, or otherwise cancel Your account.

    We do not control the information provided by Our users. If You find such information to be offensive, harmful, inaccurate, or deceptive, please notify us, and We will make a determination based on the information available to Us.

  8. COMMUNICATION AMONG REDWEEK USERS; NO SPAM

    We do not tolerate spam or unsolicited commercial electronic communications of any kind. You agree not to add a site user, even a user who has rented a vacation property from You or to You, to Your mailing list (e-mail or physical mail). Nor may You send any unsolicited commercial messages via any of the contact forms on the site.

    Failure to abide by these terms may result in the termination of Your membership with Us without notice or refund.

    We trust Our users to abide by these basic terms. We are not responsible for any action taken by Our users. Please do your part and contact us immediately if You suspect another user is in violation or causing harm to the community.

  9. TRADEMARKS

    We reserve all rights related Our Trademarks. All other trademarks appearing on this website are the property of their respective owners who are third party content providers or licensors. You expressly agree not to reproduce, disseminate, share, transfer, transmit, or use Our trademarks, or those trademarks licensed to Us. In order to disseminate, share, transfer, transmit or use any of these trademarks, You must have Our written permission and the permission of third-party content providers or licensors, as applicable.

  10. COPYRIGHT

    This website contains material that are owned by or licensed to Us. This material includes, but is not limited to, the design, layout, look, appearance, and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content provided on this website. Except as otherwise permitted by copyright laws, You may not copy, redistribute, publish or use downloaded material, without the express written permission of Us. If permission is granted, the proper copyright notice must be attached. You acknowledge that You do not acquire any ownership rights by downloading any content from the site.

    All trademarks reproduced in this website, which are not the property of, or licensed to Us, are acknowledged on the website. The website contains materials that are copyrighted, trademarked, or is the proprietary property of other individuals or companies. Only the individual artists have the right to reproduce, distribute, display, or prepare derivative works of their artwork or permit others to do the same with respect thereto. We own a copyright in the selection, coordination, arrangement, and enhancement of such website, including the original content. Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.

  11. CLAIMS OF COPYRIGHT INFRINGEMENT

    We respect the intellectual property rights of others and ask that You do the same. If You believe in good faith that material or content on this website infringes Your copyrighted work, You (or Your agent) may send Us a written notice under the Digital Millennium Copyright Act that includes the following information:

    1. A clear identification of the copyrighted work that You claim has been infringed.
    2. A clear identification of the material You claim infringes the copyrighted work, and information that will allow Us to locate that material on the website, such as a link to the infringing material.
    3. Your contact information so that We can reply to Your complaint, preferably including an email address and telephone number.
    4. A statement that You have a "good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law."
    5. A statement that "the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
    6. The written notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    Copyright infringement notifications can be sent to by email or mail as follows: legal@redweek.com or Attn: Legal Department, RedWeek, Inc., 10450 Turkey Lake Rd, Ste 690211; Orlando, FL 32819

    We will not process your notice if it is incomplete. We reserve the right to remove content on the website alleged to be infringing without prior notice, at its sole discretion. You may wish to seek legal counsel prior to submitting a copyright infringement notification. You could be held liable for alleging false claims of copyright infringement.

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