Terms of Service Agreement
Free Savings ("F.S") operates the Website located at: http://www.FreeSavings.com (also referred to as "the Website" or "Our Website") to provide information and an online marketplace for the resale and rental of timeshares, fractional ownerships, vacation intervals, vacation clubs, deeded, and other right-to-use properties (all of which are referred to as "Vacation Property" or "Vacation Properties") to potential buyers and renters. The Website, information, tools, features and functionality provided by F.S are referred to collectively as well as separately as "Our Service(s)" or "The Service(s)".
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 the digital recording of your verbal approval using an electronic signature on the Website.
You understand that the term “written Agreement” includes electronic signature and recorded verbal agreements in Florida, other states, and Federal Law.
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.
Acceptance of this Agreement:
This Terms of Service Agreement (referred to as the "TOS" or the "Agreement") describes the terms on which you may access and use Our Services, and it constitutes a binding agreement, and the only agreement, between F.S and you governing your use of Our Service. By visiting the Website, you agree to be bound by all of the terms and conditions of this Agreement. Please note that we may modify the TOS from time to time, with or without notice. Any modifications will be posted on this page and will become effective upon posting; we suggest you return to this page regularly to view the TOS. Your continued use of the Website and Our Service after any modifications have been posted will mean that you agree to the TOS as modified. If you do not agree to a modification, you should discontinue use of the Website immediately. It is important to understand that the TOS only relate to usage of Our Service described here, if you receive other services from F.S or its affiliates those additional services will be subject to their own or additional terms and conditions (referred to as the "Other Agreements").
If you do not agree to the TOS (this Agreement) please do not access the Website or use Our Service.
Our Services Provided to Those Selling and/or Renting Vacation Properties Transactions relating to Vacation Properties often involve several parties responsible for fulfilling various roles; as such we want to be clear about The Services F.S provides. F.S is an advertising company specializing in resales and rentals of Vacation Properties. By advertising a large number of diverse Vacation Properties, and by utilizing our knowledge of search engine marketing (“SEM”) as well as search engine optimization (“SEO”), we are able to provide a high level of online exposure amongst people interested in purchasing or renting Vacation Properties units. F.S posts information on this Website that you provide regarding your vacation property (referred to as "Advertiser Content"), along with resort contact, location and amenity information. We will forward all inquiries about your Vacation Property directly to you, and you may then negotiate the sale and/or rental of your Vacation Property without further involvement of F.S. For clients who provide F.S with an email address, there will be an option to create a login, and manage your own account. Any inquiries on your property will be viewable directly from the Website, and you may reply to such inquiries from the account management section.
F.S advertises its Service through various advertising media, and attracts buyers and renters to the Website or invites them to contact us directly for information. We do not specifically advertise your Vacation Properties in all of our advertising programs. Your Vacation Properties are presented through the Website only, and not on advertisements of F.S Service, with the exception of the purchase of our additional advertising services listed below.
Additional Advertising Services Offered by Free Savings
Enhanced Web Exposure:
Clients who purchase our "Enhanced Web Exposure" package will be provided with pop-up advertisements which will be displayed when users of the F.S website click on area links in the "Buy or Rent a Timeshare" section of the F.S website. These advertisements will be randomly selected from all of the enhanced listings in our database located in the same or a related geographic area to the link clicked by the user.
Targeted Web Exposure:
Clients who purchase our "Targeted Web Exposure" package will be provided with a package of custom Pay-Per-Click advertisements placed search engines such as on Google, Bing and Yahoo, as well.
F.S Does Not Provide Any of the Following Services to Advertisers:
We do not appraise or provide guidance regarding the sale and/or rental price(s) of your Vacation Properties. The sale and/or rental price(s) of your Vacation Properties are established by you, the owner and not by F.S. F.S does not advise on whether a price needs to be changed in order to maximize the likelihood of sale or rental. If specifically requested F.S may inform you of pricing on similar properties engaged in advertising through our service, however this should not be taken as a recommendation for the pricing of your individual Vacation Properties. F.S cannot and does not make any representations as to the likelihood of success of the ad you place on Our Website, the purchase and/or rental offer(s) that you may receive, or the period of time it will take to sell and/or rent your Vacation Properties. The length of time that it takes to sell or rent your Vacation Properties may be influenced by market conditions, the unit size, property location, resort condition, amenities, and/or week that you desire to sell and/or rent.
We do not identify specific buyers or renters.
We do not monitor individual advertisements or views per ad. This information however will be available to clients who create a login, and would like to monitor this type of activity themselves. By logging into the "My Account" section of the website, these statistics will be made available for your review. We do not screen or qualify potential buyers or renters who respond to ads. Your interactions with persons interested in your advertised property are at your own risk, and we caution you to take appropriate security measures.
We do not personally assist you in the sale and/or rental of your Vacation Properties, including (but not limited to) showing your property, other than by posting on this Website; the property descriptions and photographs provided by you, or your Vacation Property. Our staff can and will assist potential buyers and/or renters in identifying Vacation Properties from Advertiser Content that match each buyer and/or renter's stated requirements, however in doing so, we do not recommend one advertised property over another. We are not affiliated with your vacation property or any third party organization, we do not take part in any negotiation for sale and/or rent of any Vacation Properties. You will be negotiating directly with the potential buyer and/or renter for the sales and/or rental prices.
We do not process the transfer of ownership, maintenance fees, or provide financial services to potential buyers and/or renters.
Our Services to Those Wishing to Buy or Rent Vacation Properties:
Our Website provides an easily searchable online marketplace of Vacation Properties located throughout the world. We forward your inquiries about specific vacation properties directly to the Advertiser, with whom you may then negotiate the purchase and/or rental of the vacation property.
F.S Does Not Provide Any of the Following Services to Prospective Buyers and/or Renters of Vacation Properties:
We do not endorse, recommend, or guarantee any property presented on our Website. The inclusion of any property on the Website should not be considered to be an endorsement, recommendation, or guarantee. We assume no responsibility, and are not liable for the condition of any property presented on the Website.
We do not verify Advertiser Content. The information presented on the Website regarding any Vacation Property is presented "as is", as an advertisement submitted to us by a person or entity offering a Vacation Property for sale and/or rent. We do not investigate, and we make no guarantee, explicit or implied, as to whether the information presented is correct and accurate. The Advertisers who offer Vacation Properties through F.S are solely responsible for the accuracy of their ads, including information about physical features of the Vacation Properties, services offered, amenities included, and the advertisers' usage rights in the properties offered for sale and/or rental. Prospective buyers and/or renters are solely responsible for verifying the accuracy of information presented before completing any transaction in regards to a Vacation Property. We do not guarantee the safety or security of any Vacation Property, or it's general location. We recommend that before purchasing, renting, or traveling to any vacation destination, the purchaser and/or renter verify the level of risk by consulting local newspapers, other online sources, and travel and safety advisories issued by the U.S. Government. These advisories can be seen at: www.state.gov, www.cdc.gov, and other government resources.
Rights and Licenses for Our Website:
F.S grants you a limited, personal, non-transferable, non-sub licensable, revocable license to access and use our Website only as expressly permitted in these TOS. 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. You may use the content of this Website solely for your own personal, non-commercial use, and not to provide services to a third party. Any redistribution, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
Unless otherwise provided within the TOS, you may not: Place false or misleading information on our Website. Use our Website to make any false, fraudulent, or speculative claims. Imply in any way that F.S is endorsing your property, products or services. Post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Post any copy written materials that you do not have rights to use. Use or access the Website in any way that may or does, in F.S's sole judgment, adversely affect the performance or function of the Website, or any other computer systems or networks used by F.S or other Website users. Upload or transmit to our Website or use any device, software or routine that contains; viruses, Trojan horses, worms, time bombs, SQL injection, cross-site scripting, or other computer programming routines that may damage, interfere or attempt to interfere with, intercept, the normal operation of the Website, or take any action that imposes an unreasonable load on our computer equipment, or that infringes upon the rights of a third party. Disguise the origin of the information transmitted through the Website.
In advertising your Vacation Properties with F.S for posting on the Website, you warrant that: You hold all property rights necessary to convey the rights offered for sale and/or rental. You are in good standing with all other parties relative to the property, including but not limited to the resort managing the property and there are no liens or other obstacles that would prevent the fulfillment of any transaction for which you are using Our Service.
These warranties are a continuing obligation, and you agree to notify F.S promptly of any changes to your situation.
Termination of Advertisement Term and Refund:
You agree that F.S may remove your advertisement from the Website and/or terminate your account and access to Our Service, for reasons that include but are not limited to the following: Breaches or violations of the TOS or Other Agreements Requests by law enforcement or other government agency A request by you, the Vacation Property Owner Unexpected technical issues or problems, such as an inability to find adequate information on your Vacation Property Nonpayment of any fees owed by you in connection with Our Service You agree that any removals or terminations shall be made in F.S's sole discretion and that F.S shall not be liable to you or any third party for such an action. You understand and agree that F.S is not required to give notice of removal or termination, but that if notice is given, it may be sent to the e-mail address or other contact address you provided to F.S.
The Service is terminated in accordance with the terms above. Your Vacation Properties is sold or rented, and you request a termination of advertising. You deactivate your advertising online through the "My Account" section of the Website. You cancel your automatic renewal by writing or online through the "My Account" section of the Website.
All advertisers for sale and/or rental of vacation properties using Our Service will be given a period of 7 calendar days following the start of Our Service to provide F.S with a written notice of cancellation, for a full refund of your advertising fee. Refunds will be processed within 14 calendar days after the day F.S receives the notice of cancellation. In all other cases, all sales are final and refunds are not available.
You agree to indemnify and hold F.S, its affiliates, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys' fees incurred by F.S or others, due to or arising out of Advertiser Content you submit, post, transmit or otherwise make available through the Web Site, your use of the Web Site or any other F.S Service, your connection to the Web Site, your breach of any warranties or other provision of this Agreement, or your violation of any rights of another.
Disputes; Governing Law:
You are solely responsible for your interactions with other users of Our Service. F.S reserves the right, but has no obligation, to monitor or take action regarding disputes between parties. In the event of disputes, F.S may in its sole discretion take such action, as it deems necessary, including but not limited to suspending or terminating any party's ability to access the Website, and removing any Advertiser Content.
This Agreement and your relationship with F.S under this Agreement shall be governed by the laws of the State of Florida without regard to its conflict or choice of laws provisions. Any dispute with F.S, its employees or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the courts of Florida, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case F.S may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, F.S is able to offer Our Service at the terms designated, and that your assent to this provision is an indispensable consideration to this Agreement.
Disclaimer of Warranties:
F.S makes no warranty of any kind regarding Our Website, Advertiser Content, Our Service, or any Vacation Properties listed with us, all of which are provided on an "as is" basis. We expressly disclaim any representation or warranty that the Website will be free from errors, viruses or other harmful components, that communications to or from the Website will be secure and not intercepted, that Our Service and other capabilities offered from the Website will be uninterrupted, or that the material on the Website, including Advertiser Content, will be accurate, complete, or timely. The information, software, products, and services provided on and through Our Website may include inaccuracies or errors, including pricing errors. In particular, we do not guarantee the accuracy of, and disclaim all liability for, any errors or inaccuracies relating to the information and description of any Vacation Properties listed on Our Website (including, without limitation, the pricing, photographs, list of amenities, and general description), which information is provided by our Advertisers.
OTHER THAN THOSE WARRANTIES WHICH, UNDER THE LAWS APPLICABLE TO THESE TERMS, ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION, F.S EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES.
Limitations of Liability:
You expressly understand and agree that F.S its, affiliates, employees, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if F.S has been advised of the possibility of any such damages), resulting from: The use or the inability to use Our Website. Unauthorized access to or alteration of your transmissions or data. Statements and/or conduct of any third party on the Website. Any computer viruses, linked sites, products and services obtained through the Website. Any other matter relating to the Website or F.S. In particular, you expressly understand and agree that our Advertisers are not affiliated with, controlled, or monitored by F.S. Accordingly, we shall not be liable for the acts or omissions of Advertisers, whether such liability is purported to be based in contract, tort, negligence, strict liability, or otherwise.
To the extent permitted by law, F.S shall not be liable for any damages resulting from owner or Advertiser cancellations, quarantine, government restraints, weather, terrorism, or causes beyond our control. F.S shall not be liable for any breach of warranty by an Advertiser, including but not limited to implied warranties of fitness for a particular purpose (including any liability in tort) as to any products or services listed by Advertisers on the Website. F.S shall not be liable for any Advertiser or owner failure to comply with this Agreement or the terms of any other Agreement between the Advertiser or owner and F.S, nor for any owner's failure to comply with applicable laws or resort rules regarding the Vacation Properties presented on the Website.
Some states do not allow the limitation or exclusion of liability for incidental or consequential damages under certain circumstances, so some of the above limitations of liability may not apply to you.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void, or unenforceable, but only that portion of this Agreement that is unlawful, void, or unenforceable shall be stricken from this Agreement.
You agree that if F.S does not exercise or enforce any legal right or remedy which is contained in the Agreement (or to which we are entitled under any applicable law), this will not be deemed to be a waiver of F.S's rights and that those rights or remedies will still be available to F.S.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
Subject to the Other Agreements (as described in Section 1 above), this Agreement represents the entire understanding and agreement between you and F.S regarding the subject matter of the same, and supersedes all other previous agreements.
If you have any questions or concerns about Our Website, Our Service, or this TOS agreement, you may contact F.S at info@FreeSavings.com or telephone us toll-free at 1-866-890-7522