Hello new subscriber. Latitude21Resorts ("L21R") operates this web site located at https://latitude21resorts.com (also referred to as "the Web Site") to provide information and an online marketplace for the resale and rental of real estate. This includes full time real estate, fractional deeded real estate. This includes full time real estate, fractional deeded real estate, and other types of lodging usage agreements such as timeshares, vacation intervals, vacation clubs, deeded, and right-to-use properties (all of which are referred to as “PROPERTY” or “PROPERTIES”) to potential buyers and renters. The Web Site, information, tools, features, various services, and functionality provided by L21R are referred to together and separately as the “SERVICE(S).”
the SERVICE, and it constitutes a binding agreement - and the only agreement - between L21R
and you governing your use of the SERVICE. By visiting the Web Site, you agree to be bound by all of the terms and
conditions of this AGREEMENT. Please note that we may modify the AGREEMENT from time to time, with or without notice.
Any modifications will be posted on this page and will become effective upon posting, so we suggest you return to
this page on a regular basis to view the AGREEMENT. Your continued use of the Web Site and the SERVICE after any
modification will mean you agree to the AGREEMENT as modified. If you do not agree to a modification, you should
stop visiting the Web Site immediately. It is important to understand that the AGREEMENT relate only to your use of
the SERVICE described here, and if you receive other SERVICES from L21R or its affiliates,
those additional SERVICES will be subject to their own or additional terms and conditions and agreements
(referred to as the “Other L21R Agreements"). In the event of any inconsistency, ambiguity,
or disagreement between the AGREEMENT and the terms of Other L21R Agreements,
then the terms of the other L21R Agreements will govern.
You may not accept this AGREEMENT nor use the SERVICE if you are not of a legal age to form a binding contract with L21R. If you accept this AGREEMENT, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company, corporation, organization or other entity (referred to in the singular as a “Company” and in the plural as “Companies”), that you have the authority to bind such Company.
If you do not agree to the AGREEMENT, please do not access the Web Site or use the SERVICE.
Because resale and rental transactions and other real estate interests often involve several parties, each with
different roles, we want to be clear about the SERVICES
L21R provides. L21R is an advertising company focused on
resales and rentals of PROPERTIES. By advertising a large number of PROPERTIES and leveraging our expertise in
search engine marketing, we are able to provide maximum online exposure to people interested in property resales
L21R posts information on this Web Site that you provide regarding your vacation
property (referred to as “Advertiser Content”), along with pertinent resort information. We will forward all
inquiries about your PROPERTY directly to you, and you may then negotiate the resale and/or rental of your
PROPERTY without further involvement of L21R.
L21R advertises its SERVICE through various advertising media, and attracts buyers and renters to the Web Site or invites them to contact us directly for information. We do not specifically advertise your PROPERTY in our advertising programs. Your PROPERTY is presented through the Web Site only, and not on advertisements of L21R's SERVICE. Your advertising SERVICE will continue until the PROPERTY is rented or for as long as your subscription is active and your annual subscription renewal is current and paid.
The Web Site provides an easily searchable virtual marketplace of PROPERTIES located throughout the world.
We forward your inquiries about specific PROPERTIES directly to the Advertiser, with whom you may then negotiate
the sale and/or rental of the vacation property. You may also book a rental more readily by using our Rental Assist
SERVICE, which means that you may receive assistance from one of our rental agents in selecting and renting the
PROPERTY that fits your needs as closely as possible. We do not recommend booking an entire vacation until you
receive written confirmation from the Advertiser that the rental has been secured.
Once you have provided payment for a rental of a PROPERTY, and if you have used our Rental Assist Service, we are typically able to provide an e-mail confirmation of the rental within five (5) business days of your booking a property through the Web Site. If you have not received a confirmation of your rental via e-mail, first check your “spam” or “junk” folder to verify that it has not been misdirected, and if still not found, please contact us as provided in the Contact Information Section below. Renters are advised to contact the resort at which a booked PROPERTY is located, within five (5) business days of receiving our confirmation e-mail, to confirm that the PROPERTY is as described in the L21R listing. If we do not hear from you by 5 PM (EST) of the fifth business day following delivery of our confirmation e-mail, you will be deemed to have accepted the PROPERTY rental.
is the owner of this Web Site as a whole, including its “look and feel” (e.g., text, graphics,
images, logos and button icons), photographs, editorial content, notices, software (including html-based computer
programs) and other material; and individual contents of the Web Site belong or are licensed to
or its software or content suppliers. All content is protected under the copyright and intellectual property laws of
the United States of America and other countries.
L21R grants you a limited, personal, nontransferable, non-sub licensable, revocable license to access and use the Web Site only as expressly permitted in these AGREEMENT. Except for this limited license, we do not grant you any other rights or license with respect to this Web Site; any rights or license not expressly granted herein are reserved. You may display and, unless otherwise noted, download and print out the content of this Web Site solely for your own personal, non-commercial use, and not to provide services to a third party. Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited. You agree not to change or delete any Web Site content, including copyright notices from materials downloaded or printed from the Web Site.
Except as provided above, you may not, with regard to the Web Site or any portion thereof, including Advertiser Content (as defined in Section 3 above):
From time to time, L21R may make available to you certain services offered by third
parties, or pages of the Web Site may include links to other parties' web sites. L21R
does not endorse, warrant, or guarantee the products or services available through these third parties, and is not
an agent or broker or otherwise responsible for the activities or policies of those web sites. Third party services
does not review all the content of these external web sites, and is not responsible for the quality of information
on any of the external web sites or any link contained in the external web sites.
You agree that any transaction you enter into or attempt to enter into with a property owner whom you contact through the SERVICE is between you and that property owner alone, and not with L21R.
In advertising your PROPERTY with L21R for posting on the Web Site, you warrant that:
You agree that L21R may remove your advertisement from the Web Site and/or terminate your account
and access to the SERVICE, for reasons that include but are not limited to the following: (a) breaches or
violations of the AGREEMENT or other L21R Agreements or guidelines, (b) requests by
law enforcement or other government agencies, (c) a request by you, (d) unexpected technical issues or problems, (e)
extended periods of inactivity for 60 days or more, and (f) nonpayment of any fees owed by you in connection with
the SERVICE. You agree that all removals or terminations shall be made in L21R's sole discretion
and that L21R shall not be liable to you or any third party for any such action. You understand
and agree that L21R 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 L21R.
Your PROPERTY advertisement with L21R will remain on the Web Site until: (a) terminated in
accordance with the terms above, (b) renewed by you, or (c) your PROPERTY is sold or rented.
For those wishing to rent their PROPERTY, all rentals are final and refunds are not available.
If you discover errors in your Advertiser Content, whether introduced by you or by L21R, please contact us immediately. Errors in Advertiser Content will not be considered grounds for a refund. Please take this into account prior to choosing to advertise your PROPERTY on our Web Site.
You agree to indemnify and hold L21R and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys' fees incurred by L21R 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 L21R 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.
You are solely responsible for your interactions with other users of the SERVICE. L21R reserves
the right, but has no obligation, to monitor or take action regarding disputes between parties. In the event of
disputes, L21R may in its sole discretion take such action, as it deems appropriate,
including but not limited to suspending or terminating any party's ability to access the Web Site, and
removing any Advertiser Content.
You agree that the Web Site shall be deemed solely based in the United States in the State of Nevada.
Any dispute, claim or controversy arising out of or relating to the Web Site, Advertiser Content, the SERVICE, or any PROPERTY or PROPERTIES listed with us, this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Clark County, Nevada, before one arbitrator. At the option of the first to commence an arbitration, the arbitration shall be administered either by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, or by the American Arbitration Association pursuant to its Expedited Procedures. The arbitrator may not award any consequential, indirect, exemplary, special or incidental damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss). Judgment on the Award may be entered in any court having jurisdiction. You and we will each pay one-half of the costs and expenses of such arbitration, and each of the parties will separately pay their counsel fees and expenses. Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court in Clark County, Nevada to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, trademarks, and trade secrets, but not privacy or publicity rights).
Class Action Waiver. You agree that any arbitration shall be conducted in your individual capacity only and not as a class action or other representative action, and you expressly waive your right to file a class action or seek relief on a class basis. YOU AND L21R AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
L21R makes no warranty of any kind regarding the Web Site, Advertiser Content, the
SERVICE, or any PROPERTY or PROPERTIES listed with us, all of which are provided on an “as is” basis. We expressly
disclaim any representation or warranty that the Web Site will be free from errors, viruses or other harmful
components, that communications to or from the Web Site will be secure and not intercepted, that the SERVICE and
other capabilities offered from the Web Site will be uninterrupted, or that the material on the Web Site, including
Advertiser Content, will be accurate, complete, or timely. The information, software, products, and SERVICES
provided on and through this Web Site 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 PROPERTY listed on the Web Site (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, L21R 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 WEB SITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEB SITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES.
You expressly understand and agree that L21R and its subsidiaries, affiliates, officers,
employees, agents, 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 L21R has been advised of the possibility of any
such damages), resulting from: (1) the use or the inability to use the Web Site; (2) the cost of procurement of
substitute goods and services resulting from any goods, data, information or services purchased or obtained or
messages received or transactions entered into through or from the Web Site; (3) unauthorized access to or
alteration of your transmissions or data; (4) statements or conduct of any third party on the Web Site; (5) any
computer viruses, linked sites, products and services obtained through the Web Site; or (6) any other matter
relating to the Web Site or L21R. In particular, you expressly understand and agree that our
Advertisers are not affiliated with, controlled, or monitored by L21R. 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, L21R shall not be liable for any damages resulting from owner or Advertiser cancellations, quarantine, government restraints, weather, terrorism, or causes beyond our control. L21R 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 Web Site. L21R 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 L21R, nor for any owner's failure to comply with applicable laws or resort rules regarding the PROPERTIES presented on the Web Site.
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.
L21R does not permit copyright infringing activities and infringement of intellectual property
rights on its Web Site, and L21R will remove any content if properly notified that such content
infringes on another's intellectual property rights. L21R reserves the right to remove any
content without prior notice.
If you are a copyright owner or an agent thereof and believe that any Third-Party Submission or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
If you believe that your Third-Party Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your Third-Party Submission, you may send a counter-notice containing the following information to the Copyright Agent:
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 L21R 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 L21R's rights and that those rights or remedies will still be available to us.
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 L21R Agreements (as described in Section 1 above), this Agreement represents the entire understanding and agreement between you and L21R regarding the subject matter of the same, and supersedes all other previous agreements.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you. L21R may assign this Agreement, and any rights and license granted hereunder without restriction.
If you have any questions or concerns about this Web Site, our SERVICE, or this AGREEMENT, you may contact L21R at firstname.lastname@example.org or telephone us toll-free at 1(855) 770-5270 or through written agreement to 300 Delaware Ave. Suite 210, Wilmington, DE 19801.
This document serves as your contract. When you use this website, you have entered into a contract with us for a subscription including PROPERTY sale and/or rental advertising SERVICES as described herein. As part of your subscription you will receive the numerous benefits referenced in your Ad SERVICE Description Sheet which is incorporated herein. These benefits include the ability to advertise on https://latitude21resorts.com. The cost for this SERVICE is included in the Subscription price, which is required to be paid before any advertisement will be posted on https://latitude21resorts.com. Your only additional cost for this program is a modest annual renewal fee.
We will provide you one online advertisement for each PROPERTY you advertise with us. The ad will appear on the
Web Site. When your PROPERTY sells or rents, we ask you to contact us so we can remove the ad. In the event you
reach the end of your advertising subscription, and your PROPERTY has not sold or rented, we may renew, your
advertisement and may continue to renew annually, until sold or rented. Unless either party removes the
advertisement, your ad will be visible to all Web Site visitors. Your ad will include information about
your PROPERTY, and may include one or more photographs. The photo(s) will not necessarily represent your specific unit.
We may also use other advertising and marketing resources, which may include but are not limited to: websites, blogs, media releases, and social media sites. Your specific ad may or may not appear on these additional resource sites, as these additional resources are used to drive web traffic to the site in general. Your advertising fee covers some of these additional efforts by us to increase the website visibility and/or promote PROPERTY sale and rental advertisements.
We desire to ensure that subscribers act fairly and honestly on the Web Site and abide by our terms and conditions. Thus, all subscribers are bound by the terms and conditions published on the Web Site and the same are incorporated herein.
We will provide resale and rental advertising SERVICES pursuant to this contract. We have NOT identified any person who is interested in purchasing or renting your PROPERTY interest, however, if we had we would need to give you their contact information.
You have an unwaivable right to cancel this contract for any reason within 5 days after the date you sign and pay for this contract. If you decide to cancel this contract, you must notify us in writing of your intent to cancel. Your notice of cancellation shall be effective upon the date sent and shall be sent to: 300 Delaware Ave. Suite 210, Wilmington, DE 19801 or to email@example.com Your refund will be made within 60 days after receipt of notice of cancellation or within 15 days after receipt of funds from your cleared check, whichever is later.