TERMS AND CONDITIONS OF USE / DISCLAIMER

PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE BEFORE USING THIS WEBSITE.

By continuing to access or use this site, or any service on this site, you signify YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF SERVICE.

FractionalExchange.com reserves the right to amend, remove, or add to these terms and conditions at any time without notice. Such modifications shall be effective immediately. Accordingly, please continue to review these terms and conditions of service whenever accessing or using this site. If you do not agree with all of the terms of this Agreement, you may not access or use any part of this service.

FractionalExchange.com serves only as a website allowing members and other users to post or publish listings of properties available for exchange purposes. FractionalExchange.com relies entirely on the integrity and responsibility of the individual listing parties (members) and does not verify the existence, suitability, accuracy or content of any property and/or listing. FractionalExchange.com does not guarantee the satisfactory consummation of an exchange of any kind and furthermore, is not responsible for the actions of members and disclaims any responsibility for the accuracy, completeness, content or availability of information accessed or linked to through use of this service. Members and users of all FractionalExchange.com services take sole responsibility for any and all agreements reached through use of this site, as FractionalExchange.com is not involved in and therefore takes no responsibility for the same.

Membership in FractionalExchange.com fractional home exchange will continue for a period of one year from the date of acceptance (unless otherwise stated), and be renewable per annum upon payment and acceptance of the annual membership fee (either paid directly by the member or by a third party, independent of the member). FractionalExchange.com fees as published on the website represent fees established for private parties listing property or properties they own; commercial users (defined as members representing properties belonging to others) are allowed to join FractionalExchange.com but are subject to separate fees as quoted by FractionalExchange.com (please contact FractionalExchange.com for additional details).

FractionalExchange.com offers a limited guarantee of satisfaction to all members in good standing. Should a member complete an exchange and be dissatisfied in any way or be unable to arrange an exchange, said member may simply request in writing a remission of their annual fee for the following year, and FractionalExchange.com will comply with said request, but the member shall have no further rights against FractionalExchange.com for any damages suffered.

Application and acceptance of membership to FractionalExchange.cm fractional home exchange will be taken as an express agreement of the following:

1. Members agree to use the FractionalExchange.com website and their privileges of membership for lawful purposes only, and agree to not engage in any behavior which infringes on the rights of others, including but not limited to the privacy of members of FractionalExchange.com.

2. In an effort to maintain a geographic balance of home exchange destinations, overall quality and acceptability for exchange of listings, FractionalExchange.com reserves the right to cancel any memberships or listings at any time, for any reason, with a full annual refund given to said member.

3. Members agree to accurately list and portray their properties.

4. Members warrant that any photos, drawings or other artwork posted on the website are their property and are not in violation of any copyright law. By submitting a photograph either electronically through the website or by mailing a paper photograph to our offices, the member represents and warrants that (a) (i) it holds all intellectual property rights with respect to each submitted photograph, or (ii) it has secured from the copyright holder all rights necessary for the photograph to be used in an online advertisement, (b) that any people in the photograph have given permission for their likeness to be displayed in an online advertisement, (c) that the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph, and (d) that it will indemnify and hold harmless FractionalExchange.com from any cause of action arising from any misrepresentation with respect to any and all the photographs so submitted.

5. Listings may not contain vulgarity, or derogatory comments related to ethnic, religious, gender or sexual preference. All such references are considered unacceptable content and may be removed without notice. In the case of disputed content, FractionalExchange.com will be the final judge as to the appropriateness of the content, in its sole discretion.

6. Members agree to contact other members of FractionalExchange.com only for the express purpose of arranging an exchange or rental of a member property, and that understand any advertising or solicitation of products or services wholly unrelated to the purposes of an exchange or rental between two FractionalExchange.com member properties is prohibited, and will result in the discretion of FractionalExchange.com either in the suspension or expulsion of member privileges and/or a fine of not less than $500 per each member solicited. Any attempt to solicit email addresses from members for the purpose of sending them commercial solicitations is prohibited, and will result in a fine of not less than $500 per each member solicited and at the discretion of FractionalExchange.com, suspension and/or expulsion from the site without refund of any monies already paid to FractionalExchange.com.

7. In the event of a non-simultaneous home exchange arrangement, both members agree to honor the particulars of the home exchange agreement.

8. Should circumstances arise which are beyond the control of a member, said member agrees to act in good faith to re-schedule the date of the home exchange or otherwise reasonably compensate the home exchange partner.

Consistent with the limited guaranty mentioned above, FractionalExchange.com shall not be held liable for any actual, consequential or incidental costs which a member may have incurred in the process of arranging a home exchange or rental.

By becoming a member of FractionalExchange.com, you agree that any home exchange or swap, hospitality exchange or rental transaction is between you and the other party. You agree that neither FractionalExchange.com nor its affiliates bear any responsibility of liability for any aspect or outcome of the arrangement.

FractionalExchange.com is a home exchange website which is a portal or an online 'meeting place' through which members can view other member's listings, and contact other members for an exchange or rental. As such, FractionalExchange.com is not involved in any way in the actual exchange or rental transaction, and has no control over the truth or accuracy of the listings, nor do we make any representation as to the ability of members to meet their obligations. By becoming a member of FractionalExchange.com, you agree that you bear all responsibility for due diligence as to the other party, its offered real estate or personal property, for making and effectuating the arrangements, and for any outcome thereof.

FractionalExchange.com members are strongly urged and wholly responsible for ensuring the accuracy of a potential exchange or rental by corresponding with the offering member, asking for photos, asking for resort or location materials, and asking for references.

Members are expected to leave the exchange property in the condition in which they found it, or better, subject to any pre-arranged cleaning arrangement. Members are responsible for any damage or loss that any member of their party may cause to another members' property.

The FractionalExchange.com website and all content contained therein is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of the United States of America and other countries. The FractionalExchange.com website is also protected as a collective work or compilation under the United States of America copyright and other laws and treaties. All individual elements making up the site are also copyrighted works. Copying any content from this site that was created by another to any other site, or reselling, distributing, or publishing that content in any way is prohibited. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the site. Any violation of this paragraph shall subject the violator to penalties including a minimum of $500 per listing copied. Any photos or description submitted become the property of FractionalExchange.com and may be used for promotional or other purposes by FractionalExchange.com

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your work has been copied and posted on this Website in a way that constitutes copyright infringement, please provide FractionalExchange.com's Agent for Notification of Claims of Copyright Infringement the information specified below.

1. A description of the copyrighted work that you claim has been infringed;
2. A description of where the material that you claim is infringing is located on the site;
3. Your address, telephone number, and email address;
4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
5. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
6. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
7. Written notification containing the information set forth above must be submitted to the following Agent for Notice of Claims of Copyright Infringement:

Name and Address of Agent Designated to Receive Notification of Claimed Infringement:

Evan L. Julber, CEO
FractionalExchange.com
70 SW Century Drive, Suite 145
Bend, OR 97702

Telephone Number of Designated Agent: (541) 306-3180

FractionalExchange.com may assign its rights to this Agreement without the members' consent. If FractionalExchange.com assigns its rights, is sold to another entity, or enters into an agreement with another company to share listings, FractionalExchange.com or its successor will give notice to the member who may opt out by terminating his or her membership.

Inquiries may be monitored and filtered by FractionalExchange.com prior to delivery to FractionalExchange.com members. Inquiries may be read by FractionalExchange.com staff members. Despite FractionalExchange.com efforts it is possible that some SPAM inquiries will be delivered, and also that some non-SPAM inquiries may not be delivered. FractionalExchange.com cannot be held responsible for undelivered inquiries or for missed income as a result of undelivered inquiries.

Acceptance of these Terms and Conditions as herein set forth, is further considered to be an acceptance of and consent to: (i) pay all legal fees and court costs incurred by FractionalExchange.com, a division of Sierra Holdings, Incorporated in the event that an action of law or inequity is initiated by FractionalExchange.com against said member and FractionalExchange.com and Sierra Holdings, Incorporated should prevail; and, (ii) to pay all legal fees and court costs incurred by FractionalExchange.com, a division of Sierra Holdings, Incorporated, in the event that an action of law or equity is initiated by the member against FractionalExchange.com, a division of Sierra Holdings, Incorporated should FractionalExchange.com prevail in said action.

Acceptance of these Terms and conditions as herein set forth, is considered to be an acceptance of and consent to submit any and all disputes to the jurisdiction of the Circuit Court of Deschutes County, Oregon, United States of America, and that said agreement shall be governed exclusively by the laws of the State of Oregon, United States of America.