TERMS AND CONDITIONS OF USE / DISCLAIMER
PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE BEFORE USING THIS WEBSITE.
By continuing to access or use the FractionalExchange.com site (the "Site"), or any service on the Site, you signify YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF SERVICE. If you are unwilling or unable to be bound by these Terms and Conditions of Service, you must exit the Site. "You" or "your" refer to you as a member of the FractionExchange.com or a user of the Site, as an individual or any type of legal entity.
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 does not own any property on the Site and is not involved in the actual transactions between the property owner and any guests. 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. You take sole responsibility for any and all agreements reached through use of the Site, as FractionalExchange.com is not involved in and therefore takes no responsibility for the same.
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. You are strongly urged to research and are wholly responsible for ensuring the accuracy of a potential exchange or rental by corresponding with the offering member, by among other things, asking for photos, asking for resort or location materials, and asking for references.
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 acceptance. Members pay an 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 Site 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 in good standing 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.com fractional home exchange will be taken as an express agreement by you of the following:
1. You agree to use the FractionalExchange.com Site 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. As a member, you agree to accurately list and portray your properties.
4. You warrant that any photos, drawings, other artwork or content posted on the Site are your property and are not in violation of any copyright law, other laws or rights of any third party. By submitting a photograph or other content either electronically through the Site or by mailing a paper photograph or other content to our offices, you represent and warrant that (a) (i) you hold all intellectual property rights with respect to each submitted photograph or other content, or (ii) you have secured from the copyright holder all rights necessary for the photograph or other content to be used in an online or other advertisement, (b) any people in the photograph or other content have given permission for their likeness to be displayed in an online advertisement, (c) the photograph or other content accurately and fairly represents the subject of the photograph or other content and has not been altered in any manner that would mislead a viewer of that photograph or content, and (d) you will indemnify and hold harmless FractionalExchange.com, its officers, directors, employees, agents and other users and members from and against any cause of action, proceeding,, losses, damages or liabilities of any kind (including legal fees) related to your use of the Site or any and all the photographs or other content provided by you. By accepting these terms and posting content of any type to the Site, you grant FractionalExchange.com a perpetual unlimited license to use in any manner the photographs, drawings, other artwork or other content submitted. In addition, you agree that any photos, drawings, other artwork or other content you post on the Site may be used by FractionalExchange.com for advertising purposes without compensation to the member or the copyright holder.
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. You agree that (i) other users may use your personal information to communicate and transact business with you in the context of the Site, (ii) you may legitimately learn certain personally identifiable information about other users of the Site, (iii) you will not use such information in any way other than how the user expressly agreed to in advance, (iv) you will protect other user's personal information with the same degree of care that you protect your own, and (v) you assume all liability for the misuse, loss or unauthorized use of any such information. As a member, you agree to contact other members of FractionalExchange.com only for the express purpose of arranging an exchange or rental of a member property, and you 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 your control, you agree to act in good faith to re-schedule the date of the home exchange or otherwise reasonably compensate the home exchange partner.
9. 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.
10. You are expected to leave the exchange property in the condition in which you find it, or better, subject to any pre-arranged cleaning arrangement. You are responsible for any damage or loss that you or any member of your party may cause to another members' property.
11. You will keep your account ID and password secure and confidential. If you voluntarily give someone else access to your account, or share your ID or password, you are authorizing them to use your account and you will be responsible for any activity that that person performs while using your account.
SITE FOR PERSONAL USE ONLY
The Site is for your personal use only. If you are under age 18 you may not use the Site without the involvement of your parent or guardian. You may not (i) violate the Terms of Service; (ii) modify, adapt, appropriate, reproduce, reformat, frame, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site, except as expressly authorized by FractionalExchange.com; (iii) reverse engineer any portion of the Site; (iv) record, process, or mine data or information about other users; (v) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on FractionalExchange.com's technology infrastructure or otherwise make excessive traffic demands of the Site; or (vi) use or access the Site to directly or indirectly develop, market, support or make available a product or service that competes with FractionalExchange.com's products and services.
In the event you violate these Terms and Conditions of Service by using or otherwise accessing the Site to directly or indirectly develop, market, support or make available a product or service that competes with FractionalExchange.com's products and services, you agree to compensate FractionalExchange.com in the amount of USD$1000.00 for each separate use or access of the Site; each separate page viewed shall be considered a separate and distinct use or access of the Site.
LINKS TO THIRD PARTY SITES
The Site may include links to other websites or applications (each, a "Third Party Site"). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF FRACTIONALEXCHANGE.COM. THIS SECTION ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. THE SITE IS MADE AVAILABLE TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. FRACTIONALEXCHANGE.COM MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE CONDUCT OF THIRD PARTIES. ACCORDINGLY, FRACTIONALEXCHANGE.COM IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS, INCLUDING, FOR EXAMPLE, ANY LOSS YOU INCUR IN THE PROCESS OF ARRANGING A HOME EXCHANGE OR RENTAL, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE PROPERTIES LISTED ON THE SITE.
FRACTIONALEXCHANGE.COM MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE COMPLETENESS, QUALITY, ACCURACY, RELIABILITY OR AVAILABILTY OF THE SITE, ITS CONTENT OR ANY SERVICES OR PROPERTIES OBTAINED OR USED THROUGH THE SITE OR THE SAFETY OR SECURITY OF THE SITE. ACCORDINGLY, FRACTIONALEXCHANGE.COM IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM YOUR RELIANCE ON THE COMPLETENESS, QUALITY, ACCURACY, RELIABILITY OR AVAILABILITY OF THE SITE, ITS CONTENT OR ANY SERVICES OR PROPERTIES OBTAINED THROUGH THE SITE, OR THE SAFETY OR SECURITY OF THE SITE.
FRACTIONALEXCHANGE.COM EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FRACTIONALEXCHANGE.COM DISCLAIMS ALL LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) LOSS OF OR DAMAGE TO REPUTATION, OR (iv) LOSS OF INFORMATION OR DATA.
IN NO EVENT WILL FRACTIONALEXCHANGE.COM BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES OR ANY SERVICES OR PORPERTIES OBTAINED THROUGH THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE. THAT SAID, IF FRACTIONALEXCHANGE.COM IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE OR ANY CONTENT, FRACTIONALEXCHANGE.COM'S LIABILITY SHALL NOT EXCEED THE VALUE OF A REMISSION OF YOUR ANNUAL FEE FOR THE FOLLOWING YEAR. THE FOREGOING DOES NOT AFFECT ANY LIABILTY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
FRACTIONALEXCHANGE.COM'S INTELLECTUAL PROPERTY
The FractionalExchange.com Site 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.
"FractionalExchange.com® " and "Exchange Keys. Trade Dreams.®" are Registered Trademarks of Sierra Holdings, Inc. and may not be used in any form without the express written consent of Sierra Holdings, Inc.
The FractionalExchange.com Site 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 the 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 USD$1000 per listing copied. As described above, any photos or content 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 the Site 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
390 SW Columbia Street, Suite 120
Bend, OR 97702
Telephone Number of Designated Agent: (541) 306-3180
RIGHT TO ASSIGN
FractionalExchange.com may assign its rights to this Agreement without your 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 you and you may opt out by terminating your membership.
MONITORING OF INQUIRIES
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 is not and cannot be held responsible for undelivered inquiries or for missed income as a result of undelivered inquiries.
ACCEPTANCE OF TERMS
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 in the event that an action of law or inequity is initiated by FractionalExchange.com against you and FractionalExchange.com should prevail; and, (ii) to pay all legal fees and court costs incurred by FractionalExchange.com in the event that an action of law or equity is initiated by you against FractionalExchange.com 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 without regard to conflict of law principles.