SMS Terms and Conditions

LAST REVISED: September 5, 2018

Applicability

The following terms and conditions apply to the Timeshare Broker Associates, LLC (collectively, “we”, “us” or “our”) promotional text message program (the “Program”).  Please read these terms and conditions carefully.  By enrolling in the Program, you agree to these terms and conditions. 

Consent

By enrolling in the Program, you give consent for us to send you marketing text messages using an autodialer at the telephone number provided by you at enrollment.  You acknowledge that your consent to receive these marketing text messages is not required to purchase any goods or services and you may opt-out of the Program at any time as described below.

Program Description and Cost

We may contact you to provide you with information about our services, special offers and promotions. We do not charge any fee to participate in the Program.  Message and data rates may apply as provided in your mobile telephone service plan (please contact your mobile carrier for details).

Message Frequency

We anticipate a typical Program participant will receive approximately 1 message per month; however, the number of text messages you receive will vary depending on our promotions during any month and the need for us to provide normal business communications to you.

Supported Carriers

Supported carriers include: Verizon, AT&T, Sprint, T-Mobile and other national and regional carriers.

Supported carriers are not responsible for the Program and may not be held liable for any problem or claim arising in connection with it.

Your Mobile Number & Indemnification

You represent that you are the account holder for the mobile telephone number you provided and that you are a United States resident 18 years of age or older.  If your phone number changes, you must notify us immediately at [email protected].  You agree to indemnify us for all claims, expenses and damages related to or caused in whole or in part by your failure to notify us immediately of a change in your telephone number.

Disclaimer of Warranties

The Program and all information conveyed by it are provided to you on an “AS-IS” and “AS AVAILABLE” basis, and AT YOUR OWN RISK TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.  To the fullest extent permitted under applicable law, we disclaim all warranties, whether express or implied, including without limitation, any warranties of title, merchantability, non-infringement and fitness for a particular purpose and all warranties regarding security, currency, correctness, quality, accuracy, completeness, reliability, performance, timeliness, or continued availability.  We are not responsible for cellular network or equipment performance and you release us of any liability for claims based on hardware, software, electronic, network or other communications malfunctions such as incomplete messages, delayed transmissions or any technical difficulty that may limit your ability to send or receive a message.

Governing Law

The Program and these terms and conditions are governed by the laws of the State of Florida, without regard to its conflict of laws principles.

Dispute Resolution

Any controversy, claim or dispute arising out of or related to these terms and conditions or the Program, including, but not limited to, alleged violations of state or federal statutory or common law rights or duties, shall be resolved through binding arbitration instead of in courts of general jurisdiction. Any arbitration will take place on an individual basis; class arbitrations and class actions are not permitted. You agree that, by enrolling in the Program, you and we are each waiving the right to a trial by jury or to participate in a class action. 

References to "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services under this or prior agreements between us. This transaction evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of these Terms and Conditions.

Arbitration Agreement

You and we agree to arbitrate all disputes and claims between us that can’t otherwise be resolved through customer service. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:

• claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
• claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising);
• claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
• claims that may arise after the termination of these Terms and Conditions. 

The arbitration shall be held in Hillsborough County, Florida before one arbitrator under the consumer arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, you shall select an arbitrator from a panel of arbitrators acceptable to and chosen by us from AAA’s pool of arbitrators. Each party shall be responsible for paying its own attorneys’ fees, costs and expenses, regardless of which party prevails, but a party may recover any or all of its attorneys’ fees, costs and expenses from another party if the arbitrator, applying applicable law, so determines.

To begin the arbitration process, a party must make a written demand and serve such demand on the other party within one (1) year of when the claim or controversy first accrued. To the fullest extent permitted by law, the arbitrator is not permitted to award indirect, special, incidental, consequential or punitive damages against any party. If the AAA rules permit a party to proceed with their dispute in small claims court, and a party chooses that option, the parties agree not to seek any remedy or relief in small claims court that would be unavailable to them through binding arbitration. Any judgment upon the award rendered by the arbitrator may be entered in the Florida Courts. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.

YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING ARBITRATION. BY ENTERING INTO THIS AGREEMENT, EACH PARTY IRREVOCABLY WAIVES ITS RIGHT TO PRESENT A DISPUTE IN COURT, RIGHT TO A JURY TRIAL, AND ANY RIGHT IT MAY HAVE TO JOIN CLAIMS OR DISPUTES WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. IF THE PRECEDING SENTENCE IS FOUND TO BE UNENFORCEABLE IN WHOLE OR IN PART, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION SHALL BE NULL AND VOID.