These Terms apply exclusively to and govern your access and use of this Website (the “Site”). Ohana Realty Corp. (“Ohana Realty”) has established this Site for use by persons interested in learning more about Montage Los Cabos (the “Resort” or “Project”), a luxury resort being developed in Los Cabos, Mexico. Ohana Realty makes this Site, including all information, documents, catalogs, communications, files, text, graphics, and audio/visual files (collectively, the “Materials”) available for your use subject to these Terms. These Terms do not alter or amend in any manner the terms and conditions of any agreement you may have with Ohana Realty or Cabo LHR S. de R.L. de C.V. (the “Developer”), or any of their affiliates. This Site is intended as an accommodation and is directed only to persons who are aged 18 years or older. Persons under the age of 18 should not use or submit any information to Ohana Realty or Developer. This Site contains general information and is not intended to be used by persons under the age of 18. Neither Ohana Realty nor Developer knowingly collect information from persons under the age of 18. The age of a viewer is virtually impossible to monitor or verify and by using this Site, you represent and warrant that you are in compliance with the provisions of this section. Use of this Site is the equivalent of your visiting our sales center in Mexico, as we do not intend to subject ourselves to the jurisdiction of any other states or foreign jurisdictions unless we physically transact business there.
Not an Offering of Property
This is not an offering of property in any jurisdiction that may have restrictions on interstate offerings of real estate, unless the property has been so qualified or exemptions are available. Void where prohibited by law. Montage Residences Los Cabos is owned and being developed by Cabo LHR S. de R.L. de C.V (the “Developer”). Residences within Montage Residences Los Cabos (the “Residences”) are being offered for sale by the Developer throughout the world. These particular disclosures, while potentially applicable to all prospective buyers, are intended as additional disclosures to residents of the U.S. to ensure a mechanism for full and complete disclosure. The property or interest described herein may not be registered with the regulatory agency of jurisdictions where such prior qualification is required, including a jurisdiction in which you are located. Any information entering such jurisdictions shall be considered void and not an offering by Developer. Developer and Ohana Realty will not knowingly disseminate information in such jurisdictions prohibiting an offering without first complying with such requirements. An offer of property may only be made and/or accepted in the jurisdiction in which the property is located at the sales center or other locations utilized for sales at the discretion of Developer.
WARNING: THE CALIFORNIA BUREAU OF REAL ESTATE HAS NOT INSPECTED, EXAMINED OR QUALIFIED THIS OFFERING.
Notice to New York State Residents
Developer and principal(s) taking part in the public offering or sale of Residences are not incorporated in, nor do they currently maintain an office within the State of New York. Unless the offering of any cooperative interests in real estate is otherwise qualified under applicable New York law as described below, the offering for sale of Residences is neither made in the State of New York nor made to the residents of the State of New York. Until such time as all registration and filing requirements under the Martin Act and the Attorney General’s regulations are complied with; a written exemption is obtained pursuant to an application and such is granted pursuant to and in accordance with the Cooperative Policy Statements #1, #7, or #12; or a “No-Action” request is granted (i.e., the offering has been “qualified” under New York law), no offering for sale of Residences will be directed to any person or entity in or from the State of New York by, or on behalf of, Developer or anyone acting with Developer’s knowledge, nor will any activities by Developer under such circumstances target New York State residents. These disclosures have been made to ensure that Developer has taken adequate measures to notify residents of the State of New York that it will not offer property that has not been previously qualified for sales in New York in or from the State of New York.
General Disclaimers on Content
Any information provided in the Site is strictly intended for informational purposes only. While information on the Site is considered reliable, Ohana Realty and Developer, do not guarantee the accuracy of this information. To the fullest extent allowable by law, all information provided on Site is provided “As Is” without warranty whatsoever from Ohana Realty or Developer, and Developer specifically disclaims any representations or warranties, expressed or implied, regarding the services and/or products offered through the Site, including any implied warranty of merchantability or fitness for a particular purpose and implied warranties arising from a course of dealing or course of performance. The sketches, renderings, elevations, graphic materials, plans, specifications, completion dates, terms, conditions, and statements are proposed only, and Developer has the right to modify, revise and withdraw any or all of same in its sole discretion and without further notice. The number of available Residences, purchase price and size of Residences are all subject to change without notice. Oral representations cannot be relied upon as correctly stating representations of Ohana Realty or Developer. For correct representations please consult your purchase and sale documents with Developer. Finishing items displayed on this Site are shown for illustrative purposes only and may not actually be included in the Residence you purchase. Finishing items are items such as, but not limited to, tile, marble, carpet, cabinets, stone, brickwork, wood, paint, stain and mica that are subject to size and color variations, grain and quality variations, and whose availability may vary in accordance with price, availability and manufacturer. Similarly, wall coverings, paint colors, accent light fixtures, wall ornaments, drapes, blinds, bedspreads, furniture, furnishings, wet bars, monitoring systems, certain built-in fixtures, special floor coverings, wood trim may be included in models or shown in illustrations in this Site strictly for purposes of decoration or example only and may not be included in the home you purchase. All improvements, designs and construction are subject to first obtaining the appropriate federal, state and local permits and approvals for the same. Actual improvements may vary from those depicted and water, skyline or any other views may not be available from all the Residences located in the Project nor are any such views guaranteed. Future development can modify, limit or eliminate views from a particular Residence. All references to timeframes and dates are estimates only and are subject to change based on the Developer’s construction plans as well as the occurrence of any circumstances that are outside of the Developer’s control. All references to square footage (or square meters) are approximate and the actual configuration may vary. You should not rely upon any listed figures describing the gross area of a Residence. The Project is being developed and the physical facilities may not yet be available for use. English shall be the controlling language regarding interpretation of this information material.
The Project described herein and the Residences located within the Project are not owned, developed, or sold by Montage Hotels & Resorts LLC or its affiliates (collectively, “Montage”) and Montage does not make any representations, warranties or guaranties whatsoever with respect to the Residences, the Project or any part thereof. Cabo LHR S. de R.L. de C.V. (“Cabo LHR S. de R.L. de C.V.”) uses the Montage brand name and certain other Montage trademarks (collectively, the “Trademarks”) in connection with the sales and marketing of the Residences in the Project under a limited, non-exclusive, non-transferable and non-sublicensable license from Montage. The foregoing license may be terminated or may expire without renewal, in which case neither the Residences nor any part of the Project will be identified as a Montage branded project or have any rights to use the Trademarks.
No Investment Representations
This advertisement should not be regarded as investment advice, an offer to invest, or as a recommendation regarding a particular course of action. Residences are being sold for personal use and enjoyment and Developer is not making, nor does it condone, any representations about future income, profit, or rental potential of Residences. The Materials being provided and the information contained herein are for informational purposes only, are not financial or legal advice, are meant to provide a brief overview of the Project only and should not substitute a detailed visit and evaluation of the same. Prospective purchasers are solely responsible for determining whether acquiring a Residence is appropriate or suitable based on their personal financial means, objectives, and financial status. Purchasers will exercise their own judgment and make their own independent decision in purchasing a Residence. Prospective purchasers should not base their decision to purchase a Residence on an expectation of profit derived from the efforts of Developer, or any of its agents, in any manner or with respect to any future appreciation, as the purchase of real estate is inherently speculative.
No material incentive is being offered by Developer as an inducement for a purchaser to enter into any limited and voluntary rental program (the “Program”) that may be available through the Developer. Purchase of a Residence is not conditioned upon a purchaser’s participation in the Program, if and when available. There will be/is no rental pool, pooling of revenue or sharing of expenses among purchasers in connection with the Program. Conditions may apply. Inquire with Developer for additional details.
Detailed Review of Rights, Obligations and Benefits Required
Purchasers may be subject to mandatory membership in a governing condominium or property owners’ association, which may require the payment of dues and assessments that are separate and apart of any purchase price paid for a Residence. Prospective purchasers should carefully review the proposed purchase and sale documents, the Declaration of Covenants along with any other governing documents as well as all use and occupancy restrictions that may affect the Residence you might purchase with your legal, accounting, tax and business advisors for appropriate interpretation. You should conduct your own due diligence together with your own review of the financial ability of the Developer with the same advisors. There will be additional fees for use of facilities and various services made available to purchasers and their guests which are generally set by providers of such services and are subject to change from time to time. All contingencies cannot be discussed in traditional advertising and it is incumbent upon prospective purchasers to conduct their own due diligence and evaluation. Any sale of a Residence is intended for the personal use and enjoyment of the purchaser and must be undertaken without reliance upon any potential for future profit, rental income, economic or tax advantages. Potential benefits to ownership of real property in Mexico may be affected by your residence or citizenship status or the manner in which the Residence is utilized.
Copyright and Miscellaneous
Unless classified as Brand Intellectual Property, the project graphics, renderings, unit floor plans and depictions, and text are copyrighted works owned by the Developer. © Ohana Realty 2017. – All rights reserved.
Electronic Delivery Policy and Your Consent
By using this Site, you consent to receiving electronic communications from Ohana Realty, including notices and other disclosures. Ohana Realty shall provide such electronic notices and disclosures by posting them on this Site. If you desire to withdraw your consent to receive notices electronically, you must discontinue your use of this Site. In the event that you sign up for any follow up communications from Ohana Realty and provide your email address, you consent to the receipt of subsequent emails from Ohana Realty, Developer, its affiliates, successors in interest or agents. Notwithstanding the foregoing, in the event you sign up for any delivery of information from Ohana Realty, you may ask to be eliminated from further contact by Ohana Realty by sending a written request to email@example.com and reasonable efforts will be undertaken to promptly remove you from any of Ohana Realty’s mailing lists.
This Site is prepared and designed to provide you with information about Montage Residences Los Cabos. You may not modify or copy, distribute, transmit, display, perform, or create derivative works from information or material on this Site unless specifically authorized by a separate writing from Ohana Realty. Any use of images, floorplans or other intellectual property contained on this Site are subject to all Mexican, United States and international laws on intellectual property and you are not authorized to use or disseminate any such materials for any purposes whatsoever; however, you may print out images for your own personal use as though you were viewing them on the Site, but may not use them for any other purpose. Certain images may not be owned by Ohana Realty and your subsequent use may be a violation of the copyright or trademark of others and is unauthorized and is at your own risk and expense.
Use of Site is “AS IS”
USE OF THE SITE IS PROVIDED “AS IS,” AS AN ACCOMMODATION, AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT SHALL OHANA REALTY OR DEVELOPER BE LIABLE TO YOU FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, PUNITIVE, INCIDENTAL SPECIAL OR CONSEQUENTIAL DAMAGES WITH REGARD TO THE USE OF THE SITES, FOR ANY DEFICIENCY, ERROR OR INTERRUPTION IN THE OPERATION OF THE SITES, OR SUSPENSION OR TERMINATION OF THE OPERATION OF THE SITE OR YOUR ABILITY TO ACCESS AND USE THE SITE WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE EVEN IF OHANA REALTY OR DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES. YOU EXPRESSLY AGREE THAT ANY ACCESS AND USE OF THE SITE BY YOU IS AT YOUR SOLE RISK, RESPONSIBILITY AND LIABILITY.
Some jurisdictions do not permit exclusion of implied warranties, so the above exclusion may not apply to you; however, it is the intention of Ohana Realty to any viewer that all warranties be waived to the extent permitted by law.
Additional limitations may appear from time to time within the body of the Site and are incorporated herein by reference.
Operation and Access to Site
Ohana Realty make no representations or warranties regarding the availability of the Site at any given time, whether the use of the Site will be uninterrupted, or the continued operation of the Site. Ohana Realty, with or without notice, may suspend the operation of the Site for indefinite periods of time, terminate the operation of the Site at any time, and suspend or terminate your ability to access and use the Site at any time. Ohana Realty, with or without notice, may revise the features and functionality of the Site, and the instructions and guidelines regarding the access to and use of the Site, at any time. Ohana Realty, with or without notice, may at any time revise the hardware, software and communication lines necessary to access and use the Site, and the IP number(s) or address(es) used for the Site. While Ohana Realty takes reasonable steps to prevent the introduction of viruses, worms, Trojan horses, time bombs, or other computer programming routines, features or operations to the Site that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, Ohana Realty does not guarantee or warrant that the Site or materials transmitted from the Site do not contain such computer programming routines, features or operations. You shall indemnify and hold Ohana Realty harmless from any damage, loss, expense, including without limitation attorneys’ fees and all costs of investigation, settlement and appeal, arising out of, resulting from or relating to any failure by you to comply with these Terms. Ohana Realty is not responsible for any technical failures or problems that are beyond its control, or any results of any such failures or problems.
By accessing this Site you agree to take reasonable precautions to avoid any imposition of viruses, worms, Trojan horses, time bombs, or other computer programming routines, features or operations to the Site that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. Any hacking or interference by yourself or others in the orderly and proper administration of this site will be prosecuted to the full extent of the law.
You shall indemnify and hold us harmless from any damage, loss, expense, including without limitation attorneys’ fees and all costs of investigation, settlement and appeal, arising out of, resulting from or relating to any failure by you to comply with the Terms or any misrepresentation made by you in your use and participation in the information provided by the Site. Ohana Realty reserves the right to bar use of Site by any person engaging in fraudulent activity, attempting to deliberately damage Site or conduct activities that are incompatible with these Terms. Additionally, Ohana Realty reserves the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion, and reserves the right to seek damages from any such person or persons to the fullest extent permitted by law.
Use Representations and Warranties
By using this Site, you represent, warrant and covenant that:
(A) You will not upload, post or transmit to or distribute or otherwise publish through the Site any materials which:
(i) restrict or inhibit any other user from using and enjoying the Site or service,
(ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, offensive, pornographic, or sexually explicit,
(iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate the law,
(iv) violate or infringe the rights of third parties, including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other right,
(v) contain a virus or other harmful component,
(vi) constitute or contain false or misleading indications of origin or statements of fact; and
Limitation of Liability
Ohana Realty grants a limited license to viewers to download or print pages from the Site for individual use only, and not for any commercial purposes or dissemination. Ohana Realty has the right at any time to change, modify, add to or discontinue any aspect or feature of the Site. Ohana Realty has no continuing obligation to update this Site, correct errors, or fix technical glitches. Your use and interaction with this Site for whatever purpose are at your choice and at your own risk. If you encounter any issues or problems relating to the content on or use of this Site, you should discontinue any use of the Site immediately.
Ohana Realty does not warrant the accuracy or completeness of the information, graphics, text, links, or other material contained on this Site and is not responsible for any errors or omissions in the content of this Site, typographical or otherwise, and shall have no liability for damages of any kind arising out of information contained on this Site or linked to this site. Your use of any of the information garnered from this Site is at your own risk and it should not be relied upon in connection with making any decisions.
You agree that Ohana Realty shall not be liable for any damages that result due to the use or reliance on information contained on this Site. Ohana Realty has no obligation to maintain the current nature of any information contained herein or the accuracy of any information provided. It is provided only on as an accommodation based upon the efforts of available personnel and should not substitute a thorough investigation of any of the information available to be viewed.
Furthermore, Ohana Realty does not warrant or represent in any manner the security associated with the use of this Site. The Internet is rampant with programs that may affect, infect or otherwise impact computer usage. Ohana Realty will not be responsible for any damages to users or any other third party or their equipment, data or anything else imaginable that may result due to use of our Site or from the use or the downloading of any materials from our Site.
Nothing contained in this Site shall be deemed to change or supplement any contract documents, required disclosure documents or other offering materials provided to purchasers of property from Ohana Realty unless such information is specifically referenced to in such documents. Information on various properties owned by Ohana Realty is subject to change from time to time and any sales of property shall only be subject to the representations set forth on a purchase agreement and related disclosure documents provided by law and nothing contained herein shall be deemed to modify the obligations or provisions contained in such documents.
Indemnification and Release
You hereby agree to indemnify and hold harmless Ohana Realty and Developer, their subsidiaries and affiliates, and any of the partners, members, shareholders, officers, directors, employees, consultants, attorneys and agents of Ohana Realty, Developer, and/or their affiliates, from any and all claims, liability, damages and/or costs (including, but not limited to, attorneys fees) they incur arising as a result of your use of this Site and the services, your violation of these Terms, or your infringement of any intellectual property or other right of Developer, their affiliates or any person or entity. You further release Ohana Realty and Developer from all claims, demands, obligations and duties of every kind and nature, known and unknown arising out of any information provided herein or any information omitted herein which may be important to you. Other than your agreement to abide by these Terms, nothing on this Site shall impose any liability on Ohana Realty or Developer nor shall it be used to establish any representation, warranty or agreement of Ohana Realty or Developer to you in connection with any other agreement or any other transaction you may have with Ohana Realty, Developer, or and their affiliates.
Broker participation is welcome. Nothing contained herein shall constitute any agreement, promise, covenant or undertaking with respect to brokers or sales agents representing potential buyers or sellers. Due to the difficulty in tracking lead generation, no one shall be entitled to any fee, compensation or commission except pursuant to a written agreement signed by a duly authorized officer of Developer. If there are portions of this Site that allow brokers to access and download certain forms, it is to facilitate the process of services offered. These forms have legal meanings and implications. Once completed and submitted to Developer, its affiliates, and their representatives the contracts shall be binding upon you. Allowing brokers to access these forms does not constitute legal advice to the brokers or you and nothing provided herein should be used as a substitute for the advice of competent counsel. You should consult with an attorney prior to submitting and legal documents to Ohana Realty or Developer.
Equal Housing Opportunity
Ohana Realty is committed to the letter and spirit of the U.S. policy for the achievement of equal housing opportunity throughout the Nation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status or national origin.
Americans with Disabilities Act
Ohana Realty supports and uses its best efforts to secure full compliance with the Americans with Disabilities Act (ADA). Title III of the Americans with Disabilities Act prohibits discrimination against persons with disabilities in places of public accommodations and commercial facilities and will not tolerate any such discrimination. Ohana Realty pledges to utilize reasonable efforts to ensure compliance with the ADA in its places of public accommodation and commercial facilities.
Questions, Comments, or Complaints
If you have questions, comments, or complaints pertaining to this Site, or if you have technical problems accessing information on this Site, please contact firstname.lastname@example.org.
Copyright and Trademark Notices
The compilation copyright to this Site, the design and appearance of this Site, and all of the materials and content on this Site, including without limitation, all text, graphics, drawings, images, charts, pictures, maps, photographs, images, line art, icons, renditions and floor plans, are owned or licensed by Ohana Realty, or its affiliates. These materials are protected by Mexican and U.S. federal law against unauthorized copying and reproduction. Unless you have our express written consent, you are prohibited from distributing any materials or from using this information on your own websites. Ohana Realty allows you to print and store information on this Site for your own personal use. The absence of a copyright, trademark, service mark or logos on this Site or any other materials does not constitute a waiver of any intellectual property rights by Ohana Realty, Developer or its affiliates.
COPYRIGHT © Ohana Realty Corp. 2017 All rights reserved.
Last Updated: February 20, 2017