|4. SERVICES: Zipscape provides listing and advertising for the Owner’s Timeshare as follows:
- Timeshare value and options report for Owner’s consideration
- Our experience, expertise and guidance on the resale timeshare market to effectively address the Owner’s Timeshare sale/exit objectives
- Placement of the Timeshare for sale details on web pages within the internet domains of www.zipscape.com and www.tsflip.com
- At our discretion and cost, we may market and advertise your Timeshare via other marketing and advertising channels and methods
- Address potential buyer inquiries and coordinate offers between the potential buyer and Seller
- Facilitate sales agreement and contracting between Buyer and Seller
- Recommend and engage reputable and licensed closing company to effectively execute the resale transaction
- Provide guidance, communications and updates throughout the sales transaction process
- Additional services and related costs for Premium Full Service are detailed in the following section
|5. COMPENSATION & FEES:
- Zipscape offers the Owner to list the Timeshare for sale at no cost or up front fees for a period of 60 days
- If the Timeshare listing sells during the free listing period, then there is a flat transaction administration fee of $500 when the sale is finalized with the Buyer (this does not include closing costs, escrow, ownership transfer fees which are additional and vary by Timeshare)
- At end of the 60 day free listing period, the Owner will have the option to upgrade to the Premium Full Service listing for $200 which includes the following services and benefits:
- Listing stays active for ONE FULL YEAR until it sells or you request to remove it
- Listing appears on the “Featured Resales” section of the Timeshare Marketplace page at both www.zipscape.com and www.tsflip.com for 30 days
- Listing management services including updating requested price changes, buyer marketing, screening, coordination and communications
- Exposure and targeted marketing to the thousands of prior and upcoming timeshare renters
- Marketing to Timeshare newsletter, updates and email subscribers
- Marketing to Zipscape’s existing network of timeshare owners and investors
- Zipscape and the selected licensed Closing Company will facilitate the contracting and requirements when the transaction price and terms are agreed-upon between you (the Seller) and the buyer to ensure a secure and successful transaction
- Lower flat transaction administration fee of $250 when the sale is finalized with the Buyer (this does not include closing costs, escrow, ownership transfer fees which are additional and vary by Timeshare)
Owner represents complete and accurate information of the Timeshare ownership to be listed for sale has been provided. Zipscape relies on the Owner’s provided information to list the Timeshare for sale and Zipscape will not be liable for any issues or consequences arising from any misrepresentation (intentional or unintentional) by the Owner. Verification of title, ownership and estoppel information will be performed by the designated closing company when a sale transaction between Seller and Buyer is initiated. Owner agrees to update Zipscape on any changes in the status of the Timeshare ownership (e.g., including but not limited to if the Timeshare is sold or no longer available to be sold) by sending electronic communications via email to: firstname.lastname@example.org
|7. MODIFICATIONS: Owner may request modifications to the Listing (e.g. asking price) by sending an email to email@example.com with explicit instructions for the modification(s) and referencing the Listing ID # that is indicated on the first page at the beginning of this Agreement. Zipscape will respond and make any permissible and applicable modifications within 2 business days or as soon as practicable.
|8. SELLER OBLIGATIONS: Seller agrees to stay current on all amounts owed and payments due to the Timeshare. Any past due or default on payments owed to the Timeshare management company may delay and/or restrict the sales process to a Buyer. Seller agrees to timely respond to Zipscape’s communications (via email or phone) which may include inquiries and/or offers from potential buyers. Seller agrees to timely respond and execute sales process requirements (e.g. including but not limited to signing, notarizing, consenting) to be guided and instructed by the selected licensed closing company and Zipscape when the resale transaction is initiated with the Buyer. Additional purchase and sales terms and conditions will be outlined in the resale transaction agreement between the Buyer and Seller.
|9. TERMINATION: Zipscape and/or the Owner may cancel and terminate this listing agreement at any time (with or without cause). Any payments made prior to termination are final and non-refundable in the entirety. Zipscape is not liable for any other consequences or costs incurred by the Owner related to the cancellation of the listing. The Owner may send a written request via email to firstname.lastname@example.org if the Owner chooses to terminate the listing early during the listing period. Any fees paid by the Owner for the Listing Term are fixed (i.e. no proration) and non-refundable even if the Timeshare is sold or no longer available for sale (at the discretion of the Owner or otherwise) during the Listing Term. There will be no credit or refunds of any payments made by the Owner to Zipscape as these payments are deemed satisfied for listing services rendered at the start of the Listing Term.
|10. LIABILITY & INDEMNIFICATION: Zipscape relies on the information provided by the Owner to list the Timeshare for sale and Zipscape will not be liable for any issues or consequences arising from any inaccuracies or misrepresentations (intentional or unintentional) by the Owner. The Owner agrees to indemnify and hold harmless Zipscape from any issues, actions or consequences arising from.the listing, marketing and sales process of the Timeshare.
|11. ENTIRE AGREEMENT, DISPUTES, ARBITRATION, ATTORNEY’S FEES, CLASS ACTION WAIVER, AND RELATED PROVISIONS:
- These Terms and Conditions, along with Owner’s acceptance via “checked” at the point of sale and/or information submission, constitute the entire agreement between Owner and Zipscape with respect to the listing and the matters herein, and all prior agreements, letters, proposals, discussions and other documents regarding the matters herein are superseded and merged into these Terms and Conditions. These Terms and Conditions cannot be amended, supplemented, or in any way changed except by a signed written agreement with Zipscape, and Owner shall not rely on any informal or other communications. Owner agrees to all of these Terms and Conditions by engaging Zipscape, and as such these Terms and Conditions are binding on Owner whether or not Zipscape has signed them.
- Except as provided in section 11(C) below, all legal proceedings or disputes arising out of or relating in any way to this Agreement or the relationship between Zipscape and Owner, including but not limited to any legal or equitable actions in contract, tort, or otherwise under the law, shall be brought and maintained exclusively in an arbitration proceeding under the then-prevailing rules of the American Arbitration Association, before a single arbitrator who shall be from and located in Fort Bend County, Texas, and said hearing shall occur in Fort Bend County, Texas, provided that if Owner brings an action in court in violation of this arbitration requirement, it shall be brought exclusively in a state or federal court located in Fort Bend County, Texas, and neither Zipscape nor any defendant named therein waives his, her, or its right to petition or compel arbitration or any other rights or remedies.
- Owner agrees that claims by Zipscape to recover monies from Owner in connection with any representation or mis-representation (intentional or otherwise) may be brought by Zipscape in a state or federal court located in Fort Bend County, Texas or other court of competent jurisdiction, and Owner consents to said court’s personal jurisdiction over Owner.
- Subject to section 11(F) below, Zipscape shall be entitled to collect its costs, expenses, and attorney’s fees incurred in pursuing a claim for and/or collecting any amount due or found to be due from Owner, whether or not the entire amount claimed is awarded in any legal action or arbitration.
- Applicable Law: The enforcement and interpretation of these Terms and Conditions, as well as any other legal issues between the parties, shall be governed by Texas law, without regard to any conflicts of laws rules that may require application of another state’s law.
- Class Action Waiver. THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.
- Owner and Zipscape agree any and all disputes between them shall be maintained and resolved in as professional, courteous, and confidential manner as possible, and neither party shall publicly disparage the other pending resolution of any dispute. Breach of this provision shall preclude a party from any recovery or remedy against the other.
- If any one of these Terms and Conditions, or any part thereof, is found to be unenforceable in whole or in part, all of the remainder of the Terms and Conditions shall remain enforceable to the fullest extent permissible by law.
|12. CONSENT TO COMMUNICATIONS VIA EMAIL
- By providing your email address, you agree to receive periodic emails from Zipscape regarding products, services, promotions, and other related content.
- You can unsubscribe from the email list at any time by clicking the “unsubscribe” link at the bottom of any of the emails.
- Zipscape values your privacy and will not share or sell your email address to any third parties.
- Zipscape reserves the right to modify or discontinue our email list at any time, without notice.
- Zipscape is not responsible for any consequences resulting from technical issues that may prevent you from receiving emails, including but not limited to spam filters or email provider errors.
13. ACCEPTANCE & EXECUTION OF THIS AGREEMENT:
Email acknowledgment and any payments made by the Owner and acceptance of the payments by Zipscape will constitute agreement and acceptance of all the terms and conditions of this Agreement by all parties