1 Purpose

Our Platform is a rental advertising service for timeshare owners to list and promote their properties to travelers and the public. Users agree to these Terms by clicking “Accept,” creating a membership, or providing verbal assent via phone (recorded and followed by an email with Terms).

2 Agreement

By using the Website, you agree to these Terms, including all referenced documents (e.g., Privacy Policy, Cookie Policy). Any actions taken without regard to these Terms are at your own risk. Accessing or using our Services indicates your understanding and acceptance of these Terms.

Eligibility

1 Age and Capacity

You must be at least 18 years old and able to form a binding contract with us. Use of the Platform must comply with all applicable local, state, national, and international laws.

2 Restrictions

Unauthorized users are prohibited from accessing the Platform. We may refuse access or change eligibility criteria at our discretion, where permitted by law. Access is revoked in jurisdictions where prohibited.

Services Offered

1 Membership Benefits

Upon payment ($299 initial fee, $99/month recurring; promotional discounts may apply), you receive:

• Listing exposure to our network of travelers and the public.
• Access to the Owners Dashboard for managing rental requests and editing listings/profiles.
• Downloadable digital assets (e.g., TS User Guide, Rental Agreement Templates).
• Discounts on customer goods or vacation opportunities.

2 Fulfillment

Fulfillment is complete upon membership creation and listing activation. Ongoing access includes our rental network, downloadable guides, and customer service. We are an advertising platform only, not owners or managers of properties (per FL Ch. 721).

3 Owner Responsibilities

You are solely responsible for maintaining all property-related fees (e.g., HOA, taxes, maintenance). Non-payment may affect listing status or result in penalties under state laws (e.g., FL §721.205, up to $15,000 for resale violations).

User Obligations

1 Lawful Use

You agree to use the Platform for lawful purposes only and comply with all applicable laws, including state timeshare regulations (e.g., CA Business & Professions Code §11210).

2 Accurate Information

You must provide authentic and accurate information. We may verify your details and reject registration or suspend access if information is found to be false.

3 Risk

You use the Platform at your own risk, exercising prudent judgment in transactions. We are not responsible for offensive materials posted by others or misuse of your publicly disclosed information.

4 Prohibited Actions

You agree not to:

• Post or transmit unlawful, threatening, defamatory, or obscene content.
• Infringe on others’ rights (e.g., privacy, intellectual property) without permission.
• Alter, damage, or delete content not owned by you.
• Engage in spam, misuse of listings, or illegal activities.

5 Indemnity

You agree to indemnify us against all claims, losses, or damages (including legal fees) arising from your actions or omissions, including breaches of these Terms or applicable laws.

Intellectual Property

1 Ownership

All Website content (e.g., guides, templates, dashboard) is owned by Pandaways, Inc. or its licensors, protected by copyright, trademark, and other laws. You receive a limited, non-exclusive license for personal use only.

2 User Content

By submitting content, you grant us a perpetual, non-exclusive, royalty-free right to use it for any purpose, including API partnerships. You waive moral rights or attribution claims against us.

3 Restrictions

You may not use our trademarks, logos, or content without prior written consent, except as permitted by these Terms. Attempts to override usage rules are prohibited.

Privacy and Data

1 Data Collection

We collect personal data (e.g., name, email, phone, listing details) and usage data (e.g., cookies for analytics/retargeting). See our Privacy Policy for details.

2 Use and Sharing

Data is used to provide services (e.g., dashboard access, guide downloads) and for retargeting ads. We may share or sell data to affiliates (e.g., timeshare management, travel agencies) for marketing, per FL Digital Bill of Rights and CCPA. You may opt out via [email protected] or our site’s opt-out tool.

3 User Rights

Under FL Digital Bill of Rights, CCPA, and similar state laws, you may:

• Access, correct, or delete your data.
• Opt out of data sales/sharing or targeted ads.
• Submit requests via email; we respond within 45 days without discrimination.

4 Security

We use reasonable measures to protect data but offer no absolute guarantees.

Cookie Policy

We use essential cookies (e.g., for login, dashboard), analytics cookies (anonymous), and advertising cookies (retargeting via providers like Google). Manage preferences via our Consent Manager or browser settings. Opt out at aboutads.info or our site tool, per FL Digital Bill of Rights and CCPA.

Relationship

These Terms do not create a partnership, joint venture, agency, or employment relationship. You may not represent or bind Pandaways, Inc.

Limitation of Liability

1 No Warranties

The Platform is provided “as is” without warranties, express or implied (e.g., merchantability, fitness for purpose). No guarantees on rental success, discounts, or outcomes (per FL Ch. 721).

2 Liability Cap

We are not liable for any damages (direct, indirect, consequential) from Platform use, including property-related issues, except where deliberately caused by us. You are solely liable for claims arising from your actions.

Indemnity

You indemnify us against all losses, damages, or claims (including legal fees) arising from your use of the Platform, breaches of these Terms, or infringement of third-party rights (e.g., intellectual property, taxes). This clause survives termination.