TIMBERS RECIPROCITY PROGRAM INTERNET SITE TERMS OF USE AND GUIDELINES AND DISCLOSURE STATEMENT FOR TIMBERS RECIPROCITY PROGRAM

TERMS OF USE:

General

These Terms of Use ("TOU") cover only the Timbers Resorts ("our", "we" or "us") Timbers Reciprocity Program internet site ("referred to hereafter as "Site") and any associated content including email. Other sites or web content owned or controlled by Timbers Resorts or its affiliates may have their own Terms of Use for the specific sites and should be reviewed accordingly.

Please read these TOU carefully before using and/or accessing the Site. By entering or using the Site, you consent and agree to these TOU without limitation or qualification. If you do not agree to these TOU, please do not enter or use the Site. We reserve the right to change these TOU from time to time without notice so you should check these TOU periodically for updates. Whenever Timbers Resorts changes these TOU, it will post those changes to these TOU, and in other places we may deem appropriate to make you and/or other visitors aware of such changes. Please note that by continuing to use or access the Site after any changes to these TOU are made, you agree to these TOU as amended.

The information provided on the Site does not represent an offer to purchase or sell real estate, real estate interests, rights to use real estate or an offer of any sort of real estate investment opportunity, nor should any information provided on the Site be interpreted by you as representing the same.

The Site is owned and operated by Timbers Exchange, LLC, and its affiliates ("Timbers"), and unless specifically stated or otherwise indicated, all content (which may include, yet is not limited to, trademarks, logos, trade names, text, data, messages, pictures, images, video, audio, graphics, links, or other electronic files or things that can be uploaded, downloaded, copied from, or posted on, the Internet or on web sites) (referred to hereafter as "Content") on the Site is the property of Timbers, and protected by intellectual property laws and therefore no Content may be copied, republished, posted, transmitted or distributed except that you may print out one copy solely for your personal, non-commercial use so long as you do not remove or alter any copyright, trademark, trade name, service mark, or any other proprietary notices. Content owned by third parties may also appear on the Site, and you should respect those property rights as well. All rights not expressly granted herein are reserved to Timbers.

The Content that appears on the Site is only for the purposes set forth on the Site. We do not represent that the Content we provide on the Site is completely accurate or error free, and therefore any reliance on the Content is done so at your own risk. Any use of the Site or its Content other than for the uses allowed in these TOU, including but not limited to other non-private, commercial purposes, is prohibited.

Any use of, or posting any Content on (including but not limited to sending email to or through the Site), the Site that could destroy, damage or impair any portion of the Site or any computers, systems, hardware or software used by us or other visitors to the Site, is prohibited.

Any attempt to gain unauthorized access to the Site or its Content, or any computers, systems, hardware or software used by us or other visitors to the Site, through hacking or other similar means, is prohibited.

If you violate any portion of these TOU, we reserve the right, without an obligation to do so, to deny you access to the Site and/or remove any Content you may have posted on the Site. Repeated violations of these TOU may result in a permanent suspension of your ability to access and/or post any future Content on the Site.

The Site is not intended for or marketed to children, but is intended for adults 18 years of age or older. By using or accessing the Site, you represent that you are 18 years of age or older.

Do not attempt to hack into, or bypass any security features of, the Site or any Timbers computers, servers, systems, hardware or software.

External Links

The Site may contain links to external, third party sites along with relevant commentary or summaries.

By providing links to other sites, we do not guarantee, approve or endorse the information or products available on those sites, nor does a link indicate any association with or endorsement by Timbers or the Site.

Timbers does not operate or control and has no responsibility for the information, products and/or services found on any external sites. Nor do we represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.

You assume complete responsibility and risk in your use of any external sites. You should direct any concerns regarding any external link to its site administrator or webmaster. Any access or use of external links and sites is subject to those sites' terms and conditions/use and privacy policies and should be reviewed accordingly.

Links to the Site

You are not permitted to establish links to the Site without the written consent of Timbers.

Permission for Framing and other Intellectual Property Use

You are not permitted to frame any Content on the Site or use any trademark or other intellectual property owned by Timbers without our written consent.

Copyright Infringement

If you believe that any Content on the Site infringes your copyright and you want the Content removed from the Site, please send a detailed message to:

Rachel Rankin

201 Main Street, Ste 202

Carbondale, CO 81623

877.877.4405

trp@timbersresorts.com

Under the Digital Millennium Copyright Act, the following information must be included in the message to us:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Other Intellectual Property Infringement

If you believe that any Content on the Site violates or infringes your intellectual property rights other than copyright claims referenced in the previous section, please send a detailed email to TRP@timbersresorts.com detailing your allegation or complaint. We take infringement of a party's intellectual property rights very seriously and will investigate the matter accordingly.

Miscellaneous

These TOU constitute the entire agreement between you and Timbers with respect to your use and/or access of the Site.

These TOU are governed by the laws of the State of Colorado and the United States without respect to its conflict of law principles. You specifically consent to personal jurisdiction in the State of Colorado in connection with any dispute between you and Timbers arising out these TOU or pertaining to the subject matter hereof. You agree that the exclusive venue for any dispute between you and Timbers arising out of these TOU will be the courts in the State of Colorado.

If any provision of these TOU is found to be invalid by a court of competent jurisdiction, the remaining provisions of these TOU shall remain valid as if the invalid provision had not been included.

No waiver of any of portion of these TOU shall be deemed a further or continuing waiver of the same portion or any other portion of these TOU.

These TOU constitute the entire agreement between you and Timbers relating to this subject matter and supercede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Timbers with respect to the Site.

You understand that Timbers cannot and does not guarantee or warrant that files available for viewing from the Internet or the Site will be free from viruses, worms, Trojan horses or other harmful files that may manifest contaminating or destructive properties. We do not assume any responsibility or risk for your use of the Internet or the Site including, but not limited to, any damage your computer or related systems, hardware or software may sustain as a result of accessing the Internet and/or the Site.

YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE AND CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TIMBERS RESORTS DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. TIMBERS RESORTS DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER(S) THAT MAKE(S) THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TIMBERS RESORTS DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE SITE AND CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE SITE AND CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND TIMBERS RESORTS MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT TIMBERS RESORTS, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE AND CONTENT. TIMBERS RESORTS MAKES NO WARRANTIES THAT YOUR USE OF THE SITE AND CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH SITE AND CONTENT.

LIMITATION ON LIABILITY - TIMBERS, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, SITE DEVELOPERS, EMPLOYEES, AGENTS, OFFICERS, ATTORNEYS AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF TIMBERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF TIMBERS AND ITS Subsidiaries, AFFILIATES, LICENSORS, SERVICE PROVIDERS, SITE DEVELOPERS, EMPLOYEES, AGENTS, OFFICERS, ATTORNEYS AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO TIMBERS FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

Indemnity

You will indemnify and hold Timbers, its subsidiaries, affiliates, licensors, site developers, service providers, employees, agents, officers, directors, and attorneys (the "Indemnified Parties") harmless from any claims or demands as a result of a breach of these TOU by you or your unauthorized use of the Site, including any use of Content other than as expressly authorized in these TOU. Your indemnification obligation shall survive the termination of these TOU. You agree that the Indemnified Parties will have no liability in connection with any such claims or demands that result from a breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will indemnify and hold the Indemnified Parties harmless from and against any claims or demands brought by third parties arising out of your use of the information or Content accessed from or located on the Site.

Termination

We reserve the right, without notice or reason and at our sole discretion, to terminate your access to the Site. We also reserve the right, without notice or reason and at our sole discretion, to terminate the Site. You agree that we are not liable to you or any third party for any termination under this section.

International Issues

The Site is intended for adults 18 years of age or older. We make no representation that the Site is appropriate or available for use, viewing or access in any specific country or that the Site is compliant with all foreign laws, so those who access or use of the Site do so at their own risk and are responsible for complying with applicable local and foreign laws.

Contact Information

If you have any questions relating to, or notices of violations of, these TOU, please contact the Timbers Reciprocity Program by email at TRP@timbersresorts.com or by mail to:

Timbers Reciprocity Program
201 Main Street, Suite 202
Carbondale, CO 81611
Attn: Director, Timbers Reciprocity Program

GUIDELINES AND DISCLOSURE STATEMENT FOR THE TIMBERS RECIPROCITY PROGRAM:

Please read these Guidelines and the Disclosure Statement for the Timbers Reciprocity Program carefully before using and/or accessing the Site (these "Guidelines"). By entering or using the Site, you consent and agree to these Guidelines without limitation or qualification. If you do not agree to these Guidelines, please do not enter or use the Site. We reserve the right to change these Guidelines from time to time without notice so you should check these Guidelines periodically for updates. Whenever Timbers Resorts changes these Guidelines, it will post those changes to these Guidelines, and in other places we may deem appropriate to make you and/or other visitors aware of such changes. Please note that by continuing to use or access the Site after any changes to these Guidelines are made, you agree to these Guidelines as amended.

1.    Introduction
This Guidelines and Disclosure Statement for the Timbers Reciprocity Program govern the use of the Timbers Reciprocity Program by its Members.  Persons using the Timbers Reciprocity Program, including the use of any Internet website maintained by the Company or any affiliate of the Company, shall comply with these Guidelines.  Failure to comply with these Guidelines may result in the suspension and/or termination of a Person's rights and privileges in the Timbers Reciprocity Program.

2.    Definitions
The following terms are applicable to all exchanges made under the Timbers Reciprocity Program.  No governmental agency has approved or disapproved the merits of the exchange program.

Affiliation Agreement means an agreement between the Company and the owners association or comparable entity or owners' representative for a Timbers Collection destination or a property within a Timbers Collection destination, by which such destination becomes a Member Resort.

Authorized Transfer means the transfer and assignment of a Member Account and the associated Resort Credits, Program Weeks, Reservation Confirmations, and other membership rights in the Timbers Reciprocity Program pursuant to Section 6.7 below.

Category means each of the unique categories assigned from time to time to the Vacation Weeks at each Member Resort to facilitate equivalent exchanges, as further described in Section 4.2 and on the Database.  

Company means Timbers Exchange, LLC, a Colorado limited liability company having its business address at 201 Main Street, Suite 202, Carbondale, Colorado 81623.

Database means the electronic directory maintained by the Company or an affiliate of the Company describing the Member Resorts and the Categories applicable to Vacation Weeks at the Member Resorts, as the same may be modified from time to time by the Company.  The Database is currently accessible at www.trpmembers.com.

Deposit Confirmation means a written or electronic acknowledgement by the Company that a Member's deposit of a Vacation Week has been accepted by the Company and credited to the Member's Account as a Program Week.

Exchange Pool means the portion of the Database at which Members may view their Program Weeks and the Vacation Weeks then available for reservation at Member Resorts.

Home Resort means the Member Resort in which a Member holds an ownership interest.  In the event a Member holds an ownership interest in more than one Member Resort, each such Member Resort will be considered the Home Resort for that Member with respect to the Vacation Weeks deposited by the Member from such Member Resort.

Host Resort means a Member Resort to which a Member has been issued a Reservation Confirmation.

Initiation Fee means the fee owed by any Person in connection with such Person's Membership Application, as set forth in Section 6.6 below.  The Initial Fee is non-refundable and non-transferable.

Member means a Person who is an owner of an ownership interest at a Member Resort and who has been registered and accepted by the Company as a Member of the Timbers Reciprocity Program.  If the Member is comprised of more than one individual or an entity, the Company will recognize the Primary Person as the Member.  Primary Person means the one natural individual, who is fully authorized to act on behalf of the Member, and is (a) designated by the other co-owners holding the ownership interest at a Member Resort; or (b) designated by the corporate, partnership, trust, limited liability company or other entity owner of an ownership interest at a Member Resort.  Upon registration as a Member, each co-owned or entity-owned Member shall give the Company written notice of the Primary Person, together with such supporting documentation of authorization as the Company may reasonably request.  The notice of a Primary Person shall remain in effect for not less than one calendar year and shall continue until a subsequent notice is given.

Member's Account or Account means an account maintained by the Company for each Member setting out the number and Category of Program Week(s) issued to the Member in exchange for deposit of Vacation Week(s) into the Timbers Reciprocity Program.  In the event a Member holds an ownership interest in more than one Member Resort or holds more than one ownership interest in the Member's Home Resort, there shall be a single Member Account for such Member but the Company shall allocate Program Weeks, Resort Credits and Reservation Confirmations among such ownership interests as the Company deems appropriate.  The Company shall identify such allocations to the Member upon request by the Member.

Member Resort means any Timbers Collection resort which has executed an Affiliation Agreement and been accepted by the Company into the Timbers Reciprocity Program, and includes all Home Resorts and Host Resorts.

Membership Application means the written or electronic application or registration form completed by each Person who applies for a membership in the Timbers Reciprocity Program, and by which each such Person agrees to the provisions of these Guidelines.

Person means an individual, partnership, corporation, limited liability company, trust, or other legally recognized entity, in each case holding title to an ownership interest in a Member Resort.  

Program Week(s) means the week or weeks credited to a Member upon the deposit of a Vacation Week from a Home Resort into the Timbers Reciprocity Program and which are used by a Member to complete the reservation of a Vacation Week at a Host Resort.  Program Weeks are sometimes referred to as credits in TRP.

Reservation Confirmation means the written or electronic confirmation issued by the Company to a Member on the completion of the reservation of a Vacation Week at a Host Resort.

Resort Credits means a Member's use rights to Vacation Weeks at a Host Resort earned by the Member's deposit of Vacation Weeks at the Member's Home Resort.

Resort Verification means a written or electronic acknowledgement from the manager of a Member Resort confirming that a Vacation Week has been reserved by a Member and is available for deposit by a Member into the Timbers Reciprocity Program.

Timbers Collection means the collection of resorts and services described at www.timberscollection.com from time to time, which includes the Timbers Reciprocity Program.

Timbers Reciprocity Program or TRP means the exchange program operated by the Company for the benefit of the Members in order to allow Members to exchange Vacation Weeks at Member Resorts.

Transfer Fee means the fee owed by any Person in connection with an Authorized Transfer pursuant to Section 6.7 below.  The Transfer Fee is non-refundable and non-transferable.

Vacation Week means consecutive seven (7) night periods of usage at a unit in a Member Resort beginning and ending in accordance with the project documents of the Member Resort.  Guidelines for the Categories and types of Vacation Weeks at each Member Resort that will be accepted for deposit and offered to Members are generally identified in Section 4.2 and are described in the Database.  For Members holding fractional ownership interests in a Member Resort, space available and short notice time (and similar reservations) will not qualify as Vacation Weeks and may not be deposited into the Exchange Pool, although this limitation shall not apply to any use periods or reservation rights held by the Company for its own benefit.  Except for any such rights of the Company, only planned vacation weeks (generally understood to be advanced reserved time pursuant to a priority reservation scheme pursuant to the Member Resort's reservation procedures or fixed weeks, and expressly excluding space available, short notice or similar time) will qualify for Vacation Weeks, and Members will be subject to any further rules or restrictions their Home Resort may impose on time which may be submitted to the Exchange Pool.  

3.    Participation
3.1    Enrollment
If a Person completes a Membership Application, is accepted for membership in the Timbers Reciprocity Program and pays (or otherwise satisfies) the Initiation Fee or Transfer Fee, as applicable, then the Person may participate in the Timbers Reciprocity Program for so long as such Person is the owner of an ownership interest in a Home Resort.  

3.2    Sale of Ownership Interest in Home Resort.

(a)    Termination of Membership. 

A Member's participation in the Timbers Reciprocity Program shall terminate and expire upon the transfer, sale or conveyance of such Member's ownership interest in a Home Resort.  In the event a Member is the owner of more than one ownership interest in a Home Resort or of ownership interests in more than one Member Resort, the rights and privileges (including any Reservation Confirmations, Program Weeks and unused Resort Credits) associated with any ownership interest(s) transferred, sold or conveyed shall, subject to the Authorized Transfer provisions set forth herein, terminate and expire without affecting such Member's rights and privileges associated with such Member's other ownership interest(s).

(b)    Disclosure to Transferee. 

Prior to any transfer, sale or conveyance of an ownership interest in a Home Resort, the transferring Member shall disclose to the intended transferee: (i) the existence of the TRP; (ii) the discount available through the Authorized Transfer provisions set forth in Section 6.7; (iii) the Internet address of the Database, where these Guidelines are available for review; and (iv) the specific Vacation Weeks of the Member which are subject to Deposit Confirmations.  In the event the Company has posted an approved form of Acknowledgment and Agreement Regarding Authorized Transfer (herein, the "Acknowledgment Form") on the Database, the Transferee shall use such Acknowledgment Form to satisfy this disclosure requirement.  The Members are not authorized to, and shall not, make any representations or warranties on behalf of the Company.  All transfers of a Member's ownership interest in a Home Resort shall be subject to any outstanding Deposit Confirmations connected with such ownership interest.  

(c)    Effect of Termination. 

In the event of a sale, transfer or conveyance of an ownership interest in a Home Resort that is not coupled with an Authorized Transfer of the membership in TRP, a Person's Member Account and membership in the TRP shall automatically terminate and such Person shall have no further rights to any Program Weeks, Resort Credits, or Reservation Confirmations.  However, if a Member held more than one ownership interest in a Member Resort or in Member Resorts prior to such conveyance, the Member Account shall not terminate but rather only the rights to those Resort Credits, Program Weeks, and Reservation Confirmations allocated to the conveyed interest shall terminate.  

3.3    Acknowledgement of Guidelines
Each Person, upon completion of a Membership Application, agrees to be bound by these Guidelines and by the terms and conditions set forth on the Database, as amended by the Company from time to time.  A Member's privileges may be suspended or terminated for failure to follow these Guidelines, including the failure to pay fees as set forth below and in the Database.

3.4    Separate and Distinct
A Member's participation in the Timbers Reciprocity Program is separate and distinct from such Person's contract with the developer of the Home Resort or the seller of ownership interests in the Home Resort.  The Home Resort owners association must maintain an Affiliation Agreement with the Company for the owners at such Home Resort to continue to participate as Members.  

3.5    Relationship with the Company
By participating in the Timbers Reciprocity Program and depositing Vacation Weeks, the Member retains all title and responsibility for the deposited Vacation Week, yet all rights of use, occupancy, access and enjoyment of the deposited Vacation Week are subject to these Guidelines.  A Member may not disturb the rights of the Company herein or the rights of use and occupancy by other Members with respect to any Vacation Week subject to a Reservation Confirmation.  Further, each Member grants the Company a right to use, in its sole discretion (including without limitation for commercial, promotional, or personal use), any Vacation Week that is not subject to a Reservation Confirmation within forty five (45) days prior to commencement of such Vacation Week.  

4.    Member Resorts
4.1    Initial Evaluation
If the Company determines that there is a sufficient number of Persons at a Timbers Collection resort location who wish to become Members of the Timbers Reciprocity Program, and that the resort meets the quality standards under the Timbers Reciprocity Program, then the Company shall prepare and present a resort Affiliation Agreement to the owners association or comparable entity or owners' representative for the resort or the applicable property or properties within the resort.  If a satisfactory Affiliation Agreement is executed, the Company shall add such resort as a Member Resort and shall update the Database accordingly.  

4.2    Calendars and Categories
As part of the Database, the Company shall maintain an electronic calendar for the Member Resorts, which shall identify the available Vacation Weeks at each Member Resort by date and by Category.  The Company reserves the right to re-evaluate the weeks within each Category of all Member Resorts from time to time and to adjust the Categories based on the Company's analysis of the demand by Members for occupancy in each Member Resort.  The Company shall give the Members electronic notice of any adjustments to the Categories.  Currently, the Categories are Prime, Choice and Select.  Prime weeks may be traded for Vacation Weeks in any Category; Select weeks may be exchanged only for Select weeks; and Choice weeks may be exchanged for any Vacation Weeks that are not Prime weeks.  The 2012 and all future calendars will not contain Prime weeks and thereafter, Choice weeks maybe exchanged for any Vacation Week; and Select weeks may be exchanged only for Select weeks.

4.3    Database
The Company shall prepare and update the Database from time to time. The Database will contain a description of each Member Resort together with an identification of the dates corresponding to the Categories for each Member Resort.  

4.4    Property Standards and Affiliation Agreements
Each Member shall cause his or her Host Resort to maintain the resort accommodations to the standards established by the Company from time to time.  If the Host Resort or a Member fail to maintain the resort accommodations to the standards established by the Company, then the Company may suspend the Member's membership or decline to accept a deposit from the Member into the Timbers Reciprocity Program or both.  Each Member acknowledges that such Member has had an opportunity to review the Affiliation Agreement for its Home Resort and each Member consents and agrees to the terms of such Affiliation Agreement.  Any Affiliation Agreement may be terminated in accordance with its terms, and the property which is subject to such Affiliation Agreement shall no longer be a Member Resort, and the Database shall be updated accordingly and the provisions of Section 6.4 shall apply.  

5.    Making an Exchange
5.1    Depositing a Vacation Week
A Member must deposit a Vacation Week not less than ninety (90) days prior to the commencement date of the Vacation Week.  If a Member has a Vacation Week available for exchange within ninety (90) days prior to commencement of such week, the Member may contact the Company's member services department for assistance in arranging an informal direct exchange with another Member or other Person.  The Member will not receive a Deposit Confirmation for such week and the Company does not provide any assurance that an informal exchange will be identified or completed.  The Company reserves the right to limit the number of Vacation Weeks deposited from each Member Resort in order to match the supply of Vacation Weeks with the anticipated reservation demand.  

5.2    Member Services
A Member may deposit a Vacation Week by contacting the Company's member services department at (877) 877 4405 or trp@timbersresorts.com.  The Database shall contain or link to the most current version of these Guidelines, the Exchange Pool calendar, and other appropriate Member communications.

5.3    Resort Verification
In order to deposit a Vacation Week, the Member's Home Resort must have confirmed that the Member is in good standing at his or her Home Resort, is in compliance with all reservation procedures and conditions of his or her Home Resort, and has irrevocably reserved a Vacation Week; and must provide the Resort Verification to the Company.  In addition, a Member must notify the manager or comparable representative at his or her Home Resort of the intended deposit.  

5.4    Deposit Confirmation
Upon receipt of the Resort Verification, the Company will issue a Deposit Confirmation and transfer Program Week(s) to the Member's Account which correspond to the Vacation Week(s) deposited into the Timbers Reciprocity Program and the applicable Category for each deposited Vacation Week.  

5.5    Deposited Vacation Week
Once the Company has issued the Deposit Confirmation and transferred the Program Week(s) to a Member's Account, all rights to use the Vacation Week(s) are immediately and irrevocably assigned to the Company and the Member can neither cancel the deposit nor withdraw the Vacation Week(s) from the Timbers Reciprocity Program; provided that the Company, in its discretion, may allow such a withdrawal upon payment of the facilitation fee described in the Database.  

5.6    Completing a Reservation
A Member may request a reservation for a Vacation Week at a Host Resort by completing an electronic reservation request and authorizing the Company to exchange a Program Week from the Member's Account for the requested Vacation Week.  The Member must not be in violation of these Guidelines at the time of the request and must have at least one sufficient unexpired Program Week for the requested Vacation Week.  All exchanges are arranged on a space-available basis and no guarantee is made concerning any specific request.  There are a number of factors which affect if and when a reservation request can be confirmed, including the Host Resort location requested, the number of days which have elapsed since the initial reservation request was placed, the number of days in advance of the arrival date that a Member deposited his or her Vacation Week and the Category corresponding to the Vacation Week deposited into the Timbers Reciprocity Program.  Except with respect to Categories, such factors shall be applied uniformly among all Members regardless of their Home Resort.  Once a Reservation Confirmation is issued, the Member's Program Week is debited from his or her Member Account.

5.7    Reservation Service Charge
No fee is required to deposit a Vacation Week into the Timbers Reciprocity Program. A facilitation fee is, however, required to be paid once a Reservation Confirmation for a Vacation Week is issued.  The amount of the facilitation fee is and shall be (as amended from time to time) identified on the Database.  

5.8    Expiry of Program Weeks
Program Weeks automatically expire if the Program Weeks have not been exchanged by a Member within two years of the Deposit Confirmation within the Member's Account.  Once the Program Weeks have expired, they are no longer available for use by a Member.  Prior to the expiry of his or her Program Weeks, the Member should contact the Company's member services department for assistance in identifying various reservation opportunities and in preparing an acceptable reservation request.  

5.9    Acknowledgement
Each Member who participates in the Timbers Reciprocity Program acknowledges that:

(a)    the Company has made all reasonable efforts to ensure that the information published in the Database is accurate. The Member, however, acknowledges that the facilities and accommodations at Member Resorts, together with individual rooms, may vary in size, decor, view and interior detail from the information contained in the Database;
(b)    the Company is not liable for any damage, loss or theft to personal property or for any personal or bodily injury which occurs at a Member Resort; the Company is not liable for any casualty, natural disaster, civil unrest, or other unforeseen circumstance which limits the Member's ability to use or occupy a Host Resort;
(c)    Members agree to comply with all rules and regulations of the Host Resort;
(d)    Members may not use the Timbers Reciprocity Program for any commercial purpose, including rental or auction of reserved Vacation Weeks or deposit of reserved Vacation Weeks into other exchange or reciprocity programs;
(e)    Only Members, their families and accompanied guests may use or occupy a Host Resort for a Vacation Week.
(f)    a visiting Member is liable for the cost and expense of any maintenance, repair or replacement of any Host Resort facility, caused by the acts of the visiting Member or the visiting Member's guests or family members, provided that such liability and obligation shall not be construed as a limitation on or as being in derogation of any provision of the governing documents of a Member Resort relating to liability of parties other than such visiting Member for the acts of occupants or users of such Resort;
(g)    the exchange of Program Weeks for use of Vacations Weeks at Host Resorts is arranged on a space-available, first-come, first-served basis at such Host Resort and there can be no guarantee that a reservation request will be confirmed for the requested Vacation Week at the requested Host Resort;
(h)    all decisions of the Company concerning the interpretation of these Guidelines, including the Categories, or concerning the Database shall be final provided such decisions are made in good faith and in the reasonable discretion of the Company and applied uniformly among all Members;
(i)    a Member Account is not part of a Member's ownership interest in such Member's Home Resort and does not "run with the land" and therefore, a Member Account shall not transfer to successive purchasers of a Member's ownership interest in the Member's Home Resort, except as provided in Section 6.7 below; and
(j)    the Timbers Reciprocity Program is not the primary reason for purchasing an ownership interest at a Member Resort.