Terms and Conditions

Exchange International, Inc.
Privacy Policy & Terms and Conditions
 

*Exchange International Inc. Works with and or is affiliated with NO government agencies and is NOT an “Exchange Program” defined by 721.05(16)FS

 

DISCLAIMER:

Exchange International is NOT a law firm nor do we represent to have any legal authority on the companies who will receive correspondence from our clients. The letters which are included in our advocacy package are drafted by a law firm and are in no way an agreement for that law firm to represent our clients. Our “Advocacy” department provides documentation and drafted documents from a Florida based law firm that assists owners of timeshare property interests in getting back fees paid to non performing “Rental/Resale/Marketing/Advertising” companies. The “Advocacy” packet includes but is not limited to resources such as phone numbers and addresses of both state and federal regulatory agencies that enable members of the EI “Advocacy” program to process complaints in order to obtain financial recourse from these non performing companies. The documents drafted from the EI “Advocacy” department and lawyers group does not constitute representation from a Florida law firm and is in no way a guarantee that the non performing listing companies will offer or issue a refund.
Exchange International provides members of exchangeinternational.com the ability to communicate with one another. Any agreements, deals, barters, swaps, rentals or sales are made by members to members or users and EI plays no role in facilitating any of these agreements in any capacity. EI makes no representations on the length of time any of these transactions will take. Exchange International is not responsible for the accuracy of property information and is not affiliated with any resort, exchange company/program or reseller. 
 
TERMS AND CONDITIONS OF USE

IMPORTANT! THESE TERMS AND CONDITIONS GOVERN YOUR USE OF XCHANGEINTL.COM (THE “SITE”), WHICH IS PROVIDED BY EXCHANGE INTERNATIONAL, INC. (THE “COMPANY”). BY ACCESSING OR USING THE SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE BY THE COMPANY AT ANY TIME IN ITS DISCRETION. YOUR ACCESS OR USE OF THE SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY.

1. Access To The Site.
You shall be solely responsible for hardware, interconnections and telecommunications to access the Site. To access the Site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site will be correct, current, and complete. If the Company believes the information you provide is not correct, current, or complete, the Company has the right to refuse you access to the Site or any of its resources, and to terminate or suspend your access at any time. The Company may alter or amend the content of the Site, including, but not limited to, the services and goods made available on the Site, content, hours of availability, and equipment needed for access or use, at any time and without notice. For example, the Company may, in its sole discretion and at any time, discontinue the Site, or any component thereof.


Only registered users may participate in bidding on the Site. In order to become a registered user, you must agree to these Terms and Conditions, not be a Minor, and provide us with your name, address, phone number, and email address, as well as any other identification information required by our policies or that we may request from time to time. Children under the age of 18, or under the age of 21 if using the Site in AL, MS, NE, WY or any other state where the age of majority is greater than 18 (a Minor), may not become a registered user, use the Site or authorize transactions on the Site. The Company allows only one (1) account per registered user. The right to use the Site is personal to registered user and is not transferable to any other person or entity.


2. Restrictions On Use
The Site is for the exclusive use of owners of vacation property or vacation memberships and consumers interested in acquiring ownership or use of vacation property or vacation memberships. The Site is an Internet advertising service and forum for these users to facilitate a rental, use or swap of vacation property or vacation memberships. The site is not intended for use by intermediary brokers of such property or memberships. You may use the Site for purposes expressly permitted by the Site. You may not use the Site for any other purpose without the Company’s express prior written consent. You will not contact users of the Site to offer goods or services not requested by the user. You will not spam or send unsolicited e-mail or other messages to any other user of the Site for any reason, by means of the Site or otherwise.
You agree that you will not use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the Site or the content contained on any such web page for commercial use without the Company’s prior express written permission. A limited exception is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent. "General purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings, or which is in the business of providing classified ad listing services.
You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the Site, the Company’s computer system, or other infrastructure. You agree not to modify, translate, reverse engineer, decompile, disassemble or create derivative works based upon, the Site or any software or programming related thereto. Any access or attempt to access any areas of the Company’s computer system, or information contained on the system, except for the Site and information contained thereon, for any purposes, is strictly prohibited.
You will not co-brand, frame, or mirror the Site or any material contained on the Site, without the express prior written permission of the Company. As used herein, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Site or content accessible within the Site. You agree to cooperate with the Company in causing any unauthorized co-branding, framing, or mirroring immediately to cease. The Company reserves the right to monitor your access and use of the Site and your compliance with the Terms and Conditions herein, without notice to you.
You agree not to post, send, submit, publish, transmit, or store material on, through or from the Site which, in the sole judgment of the Company:

  • you do not have the right to post, including proprietary material of any third party;
  • advocates illegal activity or discusses an intent to commit an illegal act;
  • is vulgar, obscene, pornographic, or indecent;
  • does not pertain directly to the Site;
  • threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive to any individual, group, or entity;
  • seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
  • infringes any intellectual property or other right of any entity or person, including rights protected by trademark, copyright, trade secret, patent, rights of publicity, or other intellectual property or similar laws or regulations;
  • violates any law or may be considered to violate any law;
  • intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the Federal Communications Commission, U.S. Department of Housing, the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
  • violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
  • impersonates or misrepresents your connection to any other entity or person, misrepresent yourself as an actual buyers or sellers of vacation property or vacation memberships, or otherwise manipulates headers or identifiers to disguise the origin of the content;
  • advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on the Site;
  • solicits funds, advertisers or sponsors, or otherwise solicit any person or company using any telephone number, email address or other contact information found on the Site for any reason other than in direct response to a listing posted on the Site;
  • includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
  • deletes or writes over any portion of any listing or software appearing on or relating in any manner to the Site,
  • acts in a way which affects the ability of other people to engage in real time activities via the Site;
  • includes MP3 format files;
  • amounts to a ‘pyramid’ or similar scheme;
  • disobeys any policy or regulations established from time to time regarding use of the Site or any networks connected to the Site; or
  • contains hyper-links to other sites that contain content that falls within the descriptions set forth above.


The Company reserves the right to monitor use of the Site to determine compliance with these Terms and Conditions, as well the right to remove or refuse any information or material for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither the Company nor any third party that provides Content to the Company will assume or have any liability for any action or inaction by the Company or such third party with respect to any submission. If you are unsure of whether any contemplated use or action is permitted, please contact the Company immediately at support@exchangeinternational.com for clarification.


3. Hyperlinks.
The Site may be hyper-linked to other sites which are not maintained by, or related to, the Company, provided that such link does not portray the Company or the Site in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with the Site or the Company. The Company has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyper-links are to be accessed at the user’s own risk, and the Company makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to the Site. Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by the Company of that site. If you decide to access any of the third party websites linked to by the Site, you do so entirely at your own risk.


4. Submissions
You are solely responsible for the contents of your submissions or messages intended for the Company or third parties, made to or sent from the Site or otherwise. You warrant that you own and are authorized to offer for sale and to sell any property you submit to the Site for listing. You represent and warrant to the Company that any information, photographs, images, graphics, video records or the like, virtual tours, drawings, written descriptions, remarks, narratives, pricing information and other copyrightable elements relating to your property listing do not violate or infringe upon the rights, including any copyright rights, of any person or entity.
You hereby grant to the Company a royalty-free, perpetual, irrevocable, worldwide, non exclusive right and license to use, sublicense, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to the Company through the site (the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. The Company will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future operations.
You agree that any such submissions or messages, including but not limited to property listings, or any derivative works thereof, may be disseminated, distributed, publicly displayed on third party websites, reproduced, used, sublicensed, posted, or published by the Company, and searched, displayed, printed or otherwise used or exploited by Company’s customers, in accordance with the Privacy Policy. The Company will treat any personal information that you submit to the Company through the Site in accordance with its Privacy Policy.


5. Third Party Content And Services
You understand that the Company does not control, and is not responsible for postings, information, images or other materials (“Content”) made available through the Site by third parties, and that by using the Site, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You agree that the Company does not pre-screen or approve third party Content. Your interactions with organizations and/or individuals found on or through the Site, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Under no circumstances will the Company be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available through the Site. You agree that the Company is not required to become involved in any disputes between users of the Site or users of the site and third parties. In the event that you have a dispute with one or more other users, you hereby release the Company, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, arising out of or in any way related to such disputes and the Site. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."


6. Proprietary Content
a. General. The Company’s Internet operations, design, hardware designs, algorithms, software (in source and object forms), user interface designs, other templates and designs, algorithms, architecture, class libraries, and documentation (both printed and electronic), know-how, good will, moral rights, trade secrets and any related intellectual property rights throughout the world, and any derivative works, improvements, modifications, enhancements or extensions thereof, shall remain the sole and exclusive property of Company, and you shall have and acquire no interest in them whatsoever.
b. Copyright and Trademark. All information, content and materials that appear on the Site, including, without limitation, text, photographs, images, pictures, graphics and other files, and the selection and arrangement thereof, but excluding information, content and materials that are submitted to the Site by users thereof, are copyrighted materials of the Company (the “Copyrighted Works”). The trademarks, service marks, trade names, trade dress and logos used and displayed on the Site (including all page headers, custom graphics, button icons, and scripts), but excluding marks, names and logos submitted to the Site by users thereof, are registered and unregistered trademarks, service marks, trade names, trade dress and logos of the Company (the “Trademarks”). You acknowledge that the Copyrighted Works and Trademarks used and displayed on the Site are and shall remain the sole property of the Company. Nothing in these Terms and Conditions shall confer any right of ownership of any of the Copyrighted Works or Trademarks in you. Further, nothing in these Terms and Conditions shall be construed as granting, by implication, estoppel or otherwise any license or right to use any of the Copyrighted Works or Trademarks used or displayed on the Site, without the express written permission of the Company. Neither the Copyrighted Works nor the Trademarks may be copied, imitated or used, in whole or in part, without the prior written permission of Company.
c. Company as Intermediary. The Company does not create, make, author, write, print or otherwise produce any of the listings that appear on the Site, including but not limited to the text, photographs, images and links to third party websites contained therein. All such property listings are produced and submitted to the Site by others.
d. Violations of Rights. The Company respects the rights of all copyright holders and in this regard, the Company reserves the right to terminate postings or restrict users of the Site that infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Company with the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C.512:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact the complaining party;
(v) A statement that the complaining party has 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; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The foregoing information related to copyright infringement or defamation on the Site should be sent to:
Exchange International, Inc
Legal Dept.
230 Lookout Place
Maitland, FL 32751
support@exchangeinternational.com


7. Security
Any passwords used for the Site are for individual use only. You will be responsible for the security of your password (if any). The Company will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that the Company considers insecure, the Company will be entitled to require the password to be changed and/or terminate your account. You agree to immediately notify the Company by e-mail at support@exchangeinternational.com of any unauthorized use of your password or account or any other breach of security relating to the Site.
You are prohibited from using any services or facilities provided in connection with the Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, the Company reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. [Company] reserves the right to investigate suspected violations of these Terms of Use.
As permitted by applicable law, the Company reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with information requests, to protect the Company’s systems and customers, to allow users to resolve disputes, or to ensure the integrity and operation of the Company’s business and systems or other purposes deemed reasonable by the Company, the Company may access and disclose any information it considers necessary or appropriate, including, without limitation, user contact details, IP addressing and traffic information, usage history and posted content. The Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms and Conditions. BY ACCESSING OR USING THE SITE YOU AGREE TO WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.


8. Fraud
The Company has a Zero Tolerance for Online Fraud. Any acts of online fraud or suspicions thereof, should be immediately reported to the Company. The Company will notify and assist the appropriate law enforcement agencies in any case where there is suspicion of fraudulent use of the Site. You may not register under a false name or use an invalid or unauthorized credit card. You may not make bids under a false name, impersonate any user, or use another users password(s). Such fraudulent conduct is a violation of federal and state laws. Fraudulent conduct may be reported to law enforcement, and the Company will cooperate to ensure that violators are prosecuted to the fullest extent of the law. You are strictly prohibited from placing bids or causing bids to be placed for the purpose of artificially increasing or otherwise manipulating the bidding process on the Site or the bid price of any listing on the Site, or influencing user behavior on the Site.


9. Disclaimers
You understand and agree that except as expressly provided for otherwise by the Site, the Company does not offer or provide any advice or assistance in connection with the sale, purchase, rental, or resort swap or use of real estate, including but not limited to real estate brokerage services. You understand and agree that all real estate brokerage commissions are negotiable and that the Company does not set commission rates or provide any advice relating to commissions.
You understand that the Company cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. The Company does not assume any responsibility or risk for your use of the Internet.


YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND THE COMPANY MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT THE COMPANY, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE OR ITS CONTENT. THE COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.


All of the information in the Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on the Site, and the Company does not undertake any obligation to update such information after it is posted or to remove such information from the Site if it is not, or is no longer, accurate or complete.


9. Limitation On Liability
THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY DAMAGES, LOSSES OR LIABILITY, INCLUDING, WITHOUT LIMITATION, (i) INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, (ii) DAMAGES, LOSSES OR LIABILITY RESULTING FROM FAILURE TO SELL, PURCHASE OR RENT REAL PROPERTY ON CERTAIN TERMS OR OTHERWISE, (iii) DAMAGES, LOSSES OR LIABILITY RESULTING FROM LOST DATA (OR OTHER INTANGIBLES), OR BUSINESS INTERRUPTION, EITHER ARISING OUT OF OR RELATING TO THE USE OF THE SITE (INCLUDING THE USE OF THE SERVICES OF ANY THIRD PARTIES THAT THE SITE LINKS TO) AND ANY INFORMATION CONTAINED THEREON, OR THE INABILITY TO USE THE SITE, OR (iv) RESULTING FROM YOUR FAILURE TO COMPLY WITH THESE TERMS AND CONDITIONS, WHETHER BASED ON WARRANTY, CONTRACTS, STATUTES, REGULATIONS, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THE SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ARE RESPONSIBLE FOR ALL COSTS THEREOF. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.


10. Dispute Resolution
Any dispute relating to these Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Florida, notwithstanding the conflict of laws provisions of any state. You irrevocably and unconditionally (i) consent to submit to the exclusive jurisdiction of the state and federal courts in the County of Orange, Florida (the “Florida Courts”) for any litigation or dispute arising out of or relating to these Terms and Conditions or your performance or nonperformance hereunder (including but not limited to collection matters), (ii) agree not to commence any litigation arising out of or relating to these Terms and Conditions or the Company’s performance or nonperformance hereunder except in the Florida Courts, (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum, and (iv) agree the Florida Courts represent the exclusive jurisdiction for all disputes arising out of or relating to these Terms and Conditions, or either parties’ performance or nonperformance thereunder. Disputes arising out of or relating to these Terms and Conditions shall include but not be limited to disputes arising out of or relating to your access to, use of and/or purchase of services or goods made available on the Site. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to your use of the Site, the Agreement, or the Company’s performance or nonperformance under the Agreement, must be filed within one (1) year after such claim or cause of action arose, or it shall be forever barred.


11. Indemnification
You agree to immediately notify the Company of and defend, indemnify and hold the Company and its shareholders, subsidiaries, affiliates, directors, officers, employees and agents harmless from, any claim, loss, or demand (including reasonable attorneys’ fees and costs) made by any third party arising out of or a result of (i) your use of the Site (including the unauthorized use of your account or any other breach of security known to you), (ii) the violation of these Terms and Conditions by you, (iii) your violation of a third party’s rights, including, but not limited to, the direct or contributory infringement by you, or another user using your account, of any intellectual property of any person or entity, violation of any proprietary rights and invasion of privacy, (iv) any information you obtained from the Site, or (v) your violation of any state, federal, foreign or international laws, codes, or regulations.


12. Fees and Refunds
All charges shall be at the then-advertised price for the service(s) selected, and must be paid by direct charge to a credit card. You hereby authorize Company to charge such credit card to pay for any charges that you may incur in the future as they accrue. You must notify Company of any changes to your credit card account (including, without limitation, applicable account number or cancellation or expiration of the account), your billing address, or any information relating to the Company’s ability to charge your account. Once your listing is posted on the Site, you agree that all sales are final, and there are no credits or refunds whatsoever. Failure to make any payment as set forth herein shall be deemed to be a material breach of these Terms and Conditions and shall be sufficient cause for the immediate termination by Company. In the event of collection enforcement, you will be liable for any costs associated with such collection, including, without limitation, reasonable attorneys' fees, court costs and collection agency fees. All charges shall be exclusive of any applicable taxes. You are responsible for the payment of all federal, state, and local sales, use, value added, excise, duty and any other taxes assessments, other than taxes based on Company's net income.


13. Payments

a. Accepted Payment Forms. The Company currently accepts:

(i) Visa
(ii) MasterCard
(iii) American Express
(iv) Discover
(v) Checks, money orders (international and domestic), travelers checks or cashiers' checks
(vi) Certain third party payment services, including PayPal and BillMeLater.
b. Special Rules for Checks/Money Orders/Cashiers Checks. No payment in the form of a check, money order or cashier's check will be accepted, unless it includes all of the following:
(i) Applicable sales tax for Products shipped to California (9.25%) and/or to New York (sales tax percentage will depend on the county), in addition to all other purchase price(s), charges and fees.
(ii) The purchased Products listing number (found on the Listing Page)
(iii) Any promotional coupons you are able to apply to your purchase
(iv) Payments made payable to the Company may be sent to:
Exchange International
429 South Keller Road, Suite 201
Orlando, FL 32810
(v) All checks must have a physical address (No P.O. Boxes)
(vi) We do not accept International Personal Checks

You agree that any payments made to the Company through any third party payment service, such as PayPal, BillMeLater, any credit card issuer, or any other party, will be an agreement between you and the third party. THE COMPANY WILL HAVE NO ROLE OR RESPONSIBILITY IN ANY RELATIONSHIP BETWEEN YOU AND A THIRD PARTY PAYMENT SERVICE. ANY INFORMATION ABOUT THE SERVICES OF A THIRD PARTY PAYMENT SERVICE PROVIDED ON THE SITE IS FOR CONVENIENCE ONLY. THE COMPANY MAKES NO WARRANTY ABOUT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION.

Exchange International takes the position that once an agreement is reached between Members or buyers (or renters) and sellers or vacation swappers or donators, that such agreements are binding contracts. Should any party to such an agreement seek to enforce that agreement or to seek prosecution for any alleged fraud or other criminal breach of that agreement, Exchange International will provide to counsel for any interested party and to any prosecuting or other regulatory agency of any government, copies of such documentation as Exchange may have regarding such agreement...

14. Notices
Notices given by Company to you will be sent to the e-mail address or conventional mailing address you provide to the Company as part of the registration process, or to updated addresses which you provide to the Company. Notices given by you to Company must be given by e-mail to support@exchangeinternational.com Notwithstanding anything herein to the contrary, it is your sole responsibility to update your e-mail and mailing address for notices hereunder, and notice sent to the e-mail or conventional mailing address last provided by you to Company shall be valid and binding on you regardless of whether such address has been changed, canceled, has expired, has been terminated, or otherwise becomes inoperative.


15. MISCELLANEOUS
If any part of these Terms and Conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms and Conditions constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional Terms and Conditions on the Site will govern the items to which they pertain. The Company’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. The Section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. These Terms and Conditions may be assigned in whole or in part by the Company. Neither these Terms and Conditions, nor the rights and obligations contained herein, may be assigned in any manner by you without the prior express written permission of the Company. These terms do not alter in any way the terms of any other separate agreement you may have with Company.


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