Xtream Solutions ("XSW") operates this web site located at http://www.xtreamsolution.com (also referred to as "the Web Site") to provide information scams and fradulent timeshare resale, advertising, or other deceptive practice within the timeshare industry. The Web Site, information, tools, features and functionality provided by XSW are referred to together and separately as "the Service(s)."

1. Acceptance of this Agreement

This statement of Terms of Use (referred to as the "TOU" or the "Agreement") describes the terms on which you may access and use the Service, and it constitutes a binding agreement - and the only agreement - between XSW and you governing your use of the Service. By visiting the Web Site, you agree to be bound by all of the terms and conditions of this Agreement. Please note that we may modify the TOU from time to time, with or without notice. Any modifications will be posted on this page and will become effective upon posting, so we suggest you return to this page on a regular basis to view the TOU. Your continued use of the Web Site and the Service after any modification will mean you agree to the TOU as modified. If you do not agree to a modification, you should stop visiting the Web Site immediately. It is important to understand that the TOU relate only to your use of the Service described here, and if you receive other services from XSW or its affiliates, including but not limited to our Broker Assist and Rental Assist services, those additional services will be subject to their own or additional terms and conditions and agreements (referred to as the "Other XSW Agreements"). In the event of any inconsistency, ambiguity, or disagreement between the TOU and the terms of Other XSW Agreements, then the terms of the Other XSW Agreements will govern.

You may not accept this Agreement nor use the Service if you are not of a legal age to form a binding contract with XSW. If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company, corporation, organization or other entity (referred to in the singular as a "Company" and in the plural as "Companies"), that you have the authority to bind such Company.

If you do not agree to the TOU and thus, this Agreement, please do not access the Web Site or use the Service.

2. Privacy Policy

Your use of the Web Site is subject to our Privacy Policy. That policy explains how XSW treats your personal information and protects your privacy when you access the Web Site and use the Service. Your acceptance of the TOU is also your consent to the information practices in our Privacy Policy.

3. Rights and Licenses in the Web Site

XSW is the owner of this Web Site as a whole, including its "look and feel" (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material; and individual contents of the Web Site belong or are licensed to XSW or its software or content suppliers. All content is protected under the copyright and intellectual property laws of the United States and other countries.

XSW grants you a limited, personal, nontransferable, non-sublicensable, revocable license to access and use the Web Site only as expressly permitted in these TOU. Except for this limited license, we do not grant you any other rights or license with respect to this Web Site; any rights or license not expressly granted herein are reserved. You may display and, unless otherwise noted, download and print out the content of this Web Site solely for your own personal, non-commercial use, and not to provide services to a third party. Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any Web Site content, including copyright notices from materials downloaded or printed from the Web Site.

Except as provided above, you may not, with regard to the Web Site or any portion thereof, including Advertiser Content (as defined in Section 3 above):

• Copy, reproduce, upload, post, display, republish, distribute, transmit, any material in any form whatsoever;

• Use any framing or border technique to enclose the Web Site or any portion of the Web Site;

• Mirror or replicate or reverse engineer any portion of the Web Site; or

• Modify, translate into any language or computer language, or create derivative works from, any part of the Web Site.

4. Other Limitations

Unless otherwise provided within the Terms of Use, you may not:

• Place false or misleading information on the Web Site;

• Use the Web Site to make any false, fraudulent, or speculative claims or reservations;

• Imply in any way that XSW is endorsing your property, products, or services;

• Post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful or prohibited by the TOU;

• Use or access the Web Site in any way that may or does, in XSW's sole judgment, adversely affect the performance or function of the Web Site, or any other computer systems or networks used by XSW or other Web Site users;

• Upload or transmit to the Web Site or use any device, software or routine that contains viruses, XSWjan horses, worms, time bombs, or other computer programming routines that may damage, interfere or attempt to interfere with, intercept, the normal operation of the Web Site, or appropriate the Web Site or any system, or take any action that imposes an unreasonable load on our computer equipment, or that infringes upon the rights of a third party; or

• Disguise the origin of the information transmitted through the Web Site.

5. Other parties and web sites; relationships formed through the XSW Service

From time to time, XSW may make available to you certain services offered by third parties, or pages of the Web Site may include links to other parties' web sites. XSW does not endorse, warrant, or guarantee the products or services available through these third parties, and is not an agent or broker or otherwise responsible for the activities or policies of those web sites. Third party services and web sites are not governed by these TOU and/or by XSW's Privacy Policy, but may be governed by other terms of use and privacy policies. Also, XSW does not review all the content of these external web sites, and is not responsible for the quality of information on any of the external web sites or any link contained in the external web sites.

You agree that any transaction you enter into or attempt to enter into with a property owner whom you contact through the Service is between you and that property owner alone, and not with XSW.

6. Disputes; Governing Law

You are solely responsible for your interactions with other users of the Service. XSW reserves the right, but has no obligation, to monitor or take action regarding disputes between parties. In the event of disputes, XSW may in its sole discretion take such action, as it deems appropriate, including but not limited to suspending or terminating any party's ability to access the Web Site, and removing any Advertiser Content.

This Agreement and your relationship with XSW under this Agreement shall be governed by the laws of the State of New Hampshire without regard to its conflict or choice of laws provisions. Any dispute with XSW, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the courts of New Hampshire, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case XSW may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, XSW is able to offer the Service at the terms designated, and that your assent to this provision is an indispensable consideration to this Agreement.

7. Disclaimer of Warranties

XSW makes no warranty of any kind regarding the Web Site, Advertiser Content, the Service, or any Timeshares or properties listed with us, all of which are provided on an "as is" basis. We expressly disclaim any representation or warranty that the Web Site will be free from errors, viruses or other harmful components, that communications to or from the Web Site will be secure and not intercepted, that the Service and other capabilities offered from the Web Site will be uninterrupted, or that the material on the Web Site, including Advertiser Content, will be accurate, complete, or timely. The information, software, products, and services provided on and through this Web Site may include inaccuracies or errors, including pricing errors. In particular, we do not guarantee the accuracy of, and disclaim all liability for, any errors or inaccuracies relating to the information and description of any Timeshare listed on the Web Site (including, without limitation, the pricing, photographs, list of amenities, and general description), which information is provided by our Advertisers.

OTHER THAN THOSE WARRANTIES WHICH, UNDER THE LAWS APPLICABLE TO THESE TERMS, ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION, XSW EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEB SITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES.

You expressly understand and agree that XSW and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if XSW has been advised of the possibility of any such damages), resulting from: (1) the use or the inability to use the Web Site; (2) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Web Site; (3) unauthorized access to or alteration of your transmissions or data; (4) statements or conduct of any third party on the Web Site; (5) any computer viruses, linked sites, products and services obtained through the Web Site; or (6) any other matter relating to the Web Site or XSW. In particular, you expressly understand and agree that our Advertisers are not affiliated with, controlled, or monitored by XSW. Accordingly, we shall not be liable for the acts or omissions of Advertisers, whether such liability is purported to be based in contract, tort, negligence, strict liability, or otherwise.

To the extent permitted by law, XSW shall not be liable for any damages resulting from owner or Advertiser cancellations, quarantine, government restraints, weather, terrorism, or causes beyond our control. XSW shall not be liable for any breach of warranty by an Advertiser, including but not limited to implied warranties of fitness for a particular purpose (including any liability in tort) as to any products or services listed by Advertisers on the Web Site. XSW shall not be liable for any Advertiser or owner failure to comply with this Agreement or the terms of any other Agreement between the Advertiser or owner and XSW, nor for any owner's failure to comply with applicable laws or resort rules regarding the Timeshares presented on the Web Site.

Some states do not allow the limitation or exclusion of liability for incidental or consequential damages under certain circumstances, so some of the above limitations of liability may not apply to you.

8. 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.

You agree that if XSW does not exercise or enforce any legal right or remedy which is contained in the Agreement (or to which we are entitled under any applicable law), this will not be deemed to be a waiver of XSW's rights and that those rights or remedies will still be available to us.

All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.

Subject to the Other XSW Agreements (as described in Section 1 above), this Agreement represents the entire understanding and agreement between you and XSW regarding the subject matter of the same, and supersedes all other previous agreements.

9. Contact Information

If you have any questions or concerns about this Web Site, our Service, or these TOU, please visit our contact page.