TERMS OF USE

Thank you for visiting Sharket.com (the “web site”) by Sharket, LLC and Sharket Research, LLC (collectively known as “Sharket”). Sharket exists to provide information and resources for the timeshare industry.

This is a contract. By using this website and its content, including information, reports, products and data (collectively the “Content” or “Services”), you agree to be bound by these terms of use, as updated from time to time. If you do not agree with any of these terms, you are prohibited from using or accessing this site.

Changes in these Terms of Use

Sharket may modify these Terms of Use from time to time by posting modified Terms of Use on the website. Your continued use of the website thereafter will constitute agreement to such modifications. At the time of any material modifications, Sharket will change the "Last Updated" date below. Please review these Terms of Use from time to time so that you are apprised of any changes.

Registration and Use

The Content is for your personal, noncommercial use and is intended for informational purposes only. The data, rankings, Scores, documents and other Content do not constitute legal or financial advice and cannot be used for such purposes.

The redistribution, reproduction and/or photocopying in whole or in part of the Content is prohibited without express written permission. This information has been prepared solely for informational purposes based on data generally available to the public from sources deemed reliable. No data or any part of the scores, rankings and results (Content) may be modified, reproduced, reverse-engineered or distributed in any form by any means without the prior written permission of Sharket. This Content does not constitute an offer of services where Sharket does not have the necessary licenses. The Content is provided on an “as is” basis. The Content shall not be used for any unauthorized or unlawful purposes. Sharket and its third party data providers do not guarantee the veracity, currency, accuracy or completeness of the data. Sharket is not responsible for any errors or omissions, regardless of the cause, for the scores, rankings and data from the use of the Content. The Content is the exclusive property of Sharket and retains all proprietary rights therein. The materials contained in this web site are protected by applicable copyright and trademark law.

Automated (database scraping, spiders, robots, crawlers and any other automated activity with the purpose of obtaining information from the Content) queries are strictly prohibited with regard to the web site. Publicly available search engines and similar Internet navigation tools ("Search Engines") may query the Services and provide an index with links to the Services' Web pages, only to the extent it is allowed by applicable copyright law

By registering with this website, you understand and agree that you have established a business relationship between you and Sharket. BY REGISTERING ON THE WEBSITE, YOU AGREE THAT SHARKET MAY CONTACT YOU BY TELEPHONE AT THE NUMBER YOU PROVIDED OR BY EMAIL AT THE ADDRESS YOU PROVIDED REGARDING OTHER PRODUCTS OR SERVICES OFFERED BY OR THROUGH SHARKET EVEN IF YOUR TELEPHONE NUMBER IS ON A DO-NOT-CALL REGISTRY OR SIMILAR LIST. With any email communication, Sharket will provide a means by which you may opt-out of further communication.

Downloaded copies of the user submissions found in the Resort Research section (information) on Sharket's web site may be for personal, non-commercial transitory viewing only. This is not a transfer of title, and under this license you may not modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on Sharket's web site; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or "mirror" the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Sharket at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Materials You Provide To Us

You agree you will not submit to the website any material which is defamatory, obscene, indecent, abusive, offensive, otherwise objectionable. Nor will you promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age. Submissions must not infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.

Sharket takes no responsibility and assumes no liability for any Content posted, Submitted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Sharket liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of an interactive content platform, Sharket is not liable for any statements, representations or Submissions provided by its users in any public forum, personal home page, user badge or other area. Although Sharket has no obligation to screen, edit or monitor any of the Content posted to or distributed on the web site, Sharket reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on this Web site at any time and for any reason, or to have such actions performed by third parties on its behalf, and you are solely responsible for creating backup copies of and replacing any Content you post or store on this Website at your sole cost and expense.

The web site may contain user reviews, personal web pages, profiles and badges, messaging and other interactive features that allow registered users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials on or through the web site.

For materials/documents/images (Submission) you post, upload or otherwise provide to Sharket in connection with the web site, you grant Sharket an irrevocable, perpetual, royalty-free worldwide license to (a) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your Submission, in connection with the Services or in any other media, and (b) sublicense these rights, to the maximum extent permitted by applicable law. Sharket will not pay you for your Submission or to exercise any rights related to your Submission set forth in the preceding sentence. Sharket may remove or modify your Submission at any time. For each Submission, you agree to provide accurate and complete information and represent that you have all rights necessary to grant Sharket the rights in this paragraph and that the Submission complies with Section 2(a) above. You are solely responsible for all Submissions made through your Sharket user account or that you otherwise make available through the Services.

Copyright Infringement

If you believe that any users Submissions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

Disclaimer

The materials on Sharket's web site are provided "as is". Sharket makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Sharket does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site. Sharket does not appraise or otherwise provide guidance regarding the value of a timeshare.

Limitations

In no event shall Sharket or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Sharket's Internet site, even if Sharket or a Sharket authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Revisions and Errata

The materials appearing on Sharket's web site could include technical, typographical, or photographic errors. Sharket does not warrant that any of the materials on its web site are accurate, complete, or current. Sharket may make changes to the materials contained on its web site at any time without notice. Sharket does not, however, make any commitment to update the materials.

Trademarks

The Company name, the term Sharket, and Sharket Research as well as the the mark Sharket “shark” logo, and all related names, logos, marks, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Links

Sharket has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Sharket of the site. Use of any such linked web site is at the user's own risk.

Indemnification

You agree to defend and hold Sharket, its affiliates, and their respective directors, officers, employees, and agents harmless from any and all claims and demands made by any third party due to or arising out of your breach of these Terms of Use, your use of the Services, your violation of any law or the rights of a third party, or any Submission made through your Sharket user account or that you otherwise make available through the web site.

Governing Law

Any claim relating to Sharket's web site shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. In any dispute arising under this agreement, the prevailing party will be entitled to attorneys’ fees and expenses.

Miscellaneous

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.

Additional Terms

Google Maps. Some of the Services implement the Google Maps web mapping service. Your use of Google Maps is subject to Google's terms of use, located at http://www.google.com/intl/en_us/help/terms_maps.html .

Panoramio. Some of the Services implement the Google Maps Panoramio service. Your use of Google Maps is subject to Google's terms of use, located at http://www.google.com/intl/en_us/help/terms_maps.html .

Tripadvisor. Some of the Services implement the Trip Advisor service. Your use of Trip Advisor is subject to Trip Advisor’s terms of use, located at http://www.tripadvisor.com/pages/terms.html

Reservation of Rights

Any rights not expressly granted in these Terms of Use are reserved by Sharket, and Sharket reserves the right to seek all remedies available by law and in equity for any violation of these Terms of Use.

Contact Information

If you have any questions or concerns you may contact us by telephone toll-free at 855-SHARKET

Thank You!

We appreciate your taking the time to read these Terms of Use. We appreciate your contribution and involvement!

©Sharket, LLC and Sharket Research, LLC (collectively “Sharket”) 2016. All rights reserved.

Terms of Use Effective January 2016.

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