MONTAGE RESIDENCES LOS CABOS
These Terms apply exclusively to and govern your access and use of this Website (the “Site”). Ohana Realty de Mexico, S. de R.L. de C.V. (“Ohana Realty”) has established this Site for use by persons interested in learning more about the Montage Residences Los Cabos (the “Residences”) at Montage Los Cabos (the “Project”), a luxury residential and resort project that has been developed in Los Cabos, Mexico by Cabo LHR S. de R.L. de C.V. (“Developer”). The Project includes the Residences and the hotel commonly known as the Montage Los Cabos (the “Hotel”). Developer has engaged Montage Hotels & Resorts LLC and one of its Mexican affiliates (collectively “Montage”) to operate the Hotel, but Montage has not had and does not have any responsibility for the development, offering, marketing, sale or solicitation of buyers for the Residences, the contents of any governing documents and any offering and sales documents (including, without limiting, the budgets therein), or the sales and marketing process (including, without limiting, any sales or marketing materials and any statements or representations by Developer, Ohana Realty, or any broker or sales person). All buyers will waive and release Montage from and against any liability with respect to any representations or defects or any claim whatsoever relating to the marketing, sale or construction of the Residences or the Project. Developer has engaged Ohana Realty as the listing agent for the sale and marketing of the Residences. Ohana Realty and Developer make this Site, as well as 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 Developer, or any of its 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 these Terms. 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 jurisdictions unless we physically transact business there. English shall be the controlling language regarding interpretation of the Materials.
LOCATION IN MEXICO
The Project and the Residences are located in Los Cabos, Mexico and are subject to the laws of Mexico. Prospective buyers should consult with a legal advisor to get an understanding of the impact that such laws may have on the use and occupancy of a Residence. If you are not a citizen of Mexico, these laws may vary significantly from the laws of your country of residence.
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. The Residences have been developed by Developer, and are being offered for sale by 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 full and complete disclosure. The Residences 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 any such jurisdiction shall be considered void and not an offering by Developer. Developer and Ohana Realty will not knowingly disseminate information in any such jurisdiction prohibiting an offering without first complying with such requirements. An offer to purchase or sell a Residence may only be made and/or accepted in the jurisdiction in which the Residence is located at the sales center or other locations utilized for sales at the discretion of Developer. Electronic signatures shall be deemed executed in Mexico.
Notice to California Residents
WARNING: THE CALIFORNIA DEPARTMENT OF REAL ESTATE HAS NOT EXAMINED THIS OFFERING, INCLUDING, BUT NOT LIMITED TO, THE CONDITION OF TITLE, THE STATUS OF BLANKET LIENS ON THE PROJECT (IF ANY), ARRANGEMENTS TO ASSURE PROJECT COMPLETION, ESCROW PRACTICES, CONTROL OVER PROJECT MANAGEMENT, RACIALLY DISCRIMINATORY PRACTICES (IF ANY), TERMS, CONDITIONS, AND PRICE OF THE OFFER, CONTROL OVER ANNUAL ASSESSMENTS (IF ANY), OR THE AVAILABILITY OF WATER, SERVICES, UTILITIES, OR IMPROVEMENTS. IT MAY BE ADVISABLE FOR YOU TO CONSULT AN ATTORNEY OR OTHER KNOWLEDGEABLE PROFESSIONAL WHO IS FAMILIAR WITH REAL ESTATE AND DEVELOPMENT LAW IN THE COUNTRY WHERE THIS SUBDIVISION IS SITUATED.
Notice to New York State Residents
Developer and principal(s) taking part in the public offering or sale of the 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 the 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 the 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 this Site is strictly intended for informational purposes only. While information on this Site is considered reliable, Ohana Realty and Developer do not guarantee the accuracy of this information as the Project is under continuing development. To the fullest extent allowable by law, all information provided on this Site is provided “As Is” without warranty whatsoever from Ohana Realty or Developer, and Ohana Realty and Developer specifically disclaim any representations or warranties, expressed or implied, regarding the Residences and/or the services and/or products offered through this 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, and similar items and materials regarding the Residences and/or any amenities, facilities and services amiable to owners of the Residences are illustrative only, and Developer has the right to modify, revise and withdraw any or all of same in its sole discretion and without further notice. Prospective buyers are advised to visit the Residences to see the Residences and the finishings therein and the type of facilities and amenities in place. The number of available Residences, the purchase prices of the Residences, the amenities, facilities and services available to owners of the Residences and other factors described herein 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. Finishing items such as, but not limited to, tile, marble, carpet, cabinets, stone, brickwork, wood, paint, stain and mica are subject to size and color variations, grain and quality variations. Water, skyline or any other views may not be available from all the Residences and no such views are guaranteed. Future development can modify, limit or eliminate views from a particular Residence. All references to square footage (or square meters) are approximate and the actual configuration may vary. You should not rely upon any description or listing of the gross area of a Residence.
Developer uses the Montage brand name and certain other Montage trademarks (collectively, the “Trademarks”) in connection with the sales and marketing of the Residences under a limited, non-exclusive, non-transferable and non-sublicensable license from Montage. That license may be terminated or may expire without renewal without notice to or the consent of any owner of any Residences, in which case the Residences will not be identified as a Montage branded project or have any rights to use the Trademarks.
Developer has engaged Montage to operate the Hotel for the benefit of Developer pursuant to a hotel management agreement (the “Hotel Management Agreement”). Developer or an affiliate may enter into one or more other management agreements for the management of other portions of the Project by Montage (each, an “Other Management Agreement”). The Hotel Management Agreement and/or any Other Management Agreement may be terminated under the circumstances specified in the Hotel Management Agreement or Other Management Agreement, as applicable, or may expire without renewal, in each case without notice to or the consent of any Owner of any Residence. Accordingly, it is possible that the Hotel may in the future not be identified by any of the Trademarks.
In order to purchase a Residence, buyers must sign a written acknowledgment agreeing to and acknowledging the above.
NO INVESTMENT REPRESENTATIONS
This Site should not be regarded as investment advice, an offer to invest, or as a recommendation regarding a particular course of action. The Residences are being sold for personal use and enjoyment and neither Ohana Realty nor Developer is making or condoning any representations about future income, profit, or rental potential of the Residences. This Site, the Materials and the information contained herein are for informational purposes only, are meant to provide a brief overview of the Residences and Project only, and should not be a substitute for a prospective buyer’s visit to and evaluation of the same. None of such materials shall be relied on as financial, accounting, investment, business of legal advice, and prospective buyers should consult with their own advisors regarding all such matters. Prospective buyers are solely responsible for determining whether acquiring a Residence is appropriate or suitable based on their personal financial means, objectives, and financial status. Buyers are to exercise their own judgment and make their own independent decision in purchasing a Residence. Prospective buyers 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 buyer to enter into any limited and voluntary rental program (the “Program”) that Developer, as owner of the Hotel, may make available. The Program, if and when offered, will be managed by the operator of the Hotel. Purchase of a Residence is not conditioned upon a buyer’s participation in the Program, if and when available, and such participation by buyer is strictly voluntary. There will be/is no rental pool, pooling of revenue or sharing of expenses among buyers in connection with the Program. Conditions will apply, as set forth in a written agreement between buyer and the Hotel owner providing for buyer’s participation in the Program. Inquire with Developer for additional details.
DETAILED REVIEW OF RIGHTS, OBLIGATIONS AND BENEFITS REQUIRED
The Project and the Residences are part of and are located in, the Visa Serena master condominium regime project located in Los Cabos, Mexico (referred to herein as the “Master Condominium Project” and also commonly known as the Twin Dolphin property). The Residences are also part of and located within the subcondominium regime project (the “Subcondominium Project”) that includes both the Residences and the Hotel. The Residences and buyers will be subject to the documents governing the Master Condominium Project as a whole, as well as the additional documents that govern the Subcondominium Project, which documents require the payment of dues and assessments that are separate and apart of any purchase price paid for a Residence. Prospective buyers should carefully review the proposed purchase and sale documents, the declaration that governs the Master Condominium Project and the related bylaws, the declaration that governs the Subcondominium Project and the related bylaws, and other governing documents, as well as all use and occupancy restrictions that may affect the Residence 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 Developer with the same advisors. There will be additional fees for use of amenities, facilities and various services made available to buyers 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 this Site and it is incumbent upon prospective buyers to conduct their own due diligence and evaluation. Any sale of a Residence is intended for the personal use and enjoyment of the buyer 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.
Buyers and prospective buyers may be provided separate log in access to a private portal (“Portal”) which provides additional information regarding the Residences. These Terms apply equally to the use of the Portal. Additionally, neither Ohana Realty nor Developer can warrant that any information saved by users on the Portal will be secure or that the information, including information on dues, fees, the purchase process or other information available for Portal users remains current and up to date. For current information on any of these subjects, you should discuss with your sales associate.
By using or interacting in any manner with this Site or utilizing any information on this Site, you submit to the exclusive jurisdiction and venue of the courts located in Cabo San Lucas, Baja California Sur, Mexico to resolve disputes of any kind arising out of such use, interaction or utilization. These Terms shall be governed by, construed and enforced in accordance with, and subject to the laws of Mexico. If any provision of these Terms shall be determined to be invalid, unlawful, void or otherwise not enforceable, it is agreed that the remaining provisions of these Terms shall remain in full force and effect.
ELECTRONIC DELIVERY POLICY AND YOUR CONSENT; OPT OUT
By using this Site, you consent to receiving electronic communications from Ohana Realty, including notices and other disclosures. Ohana Realty may 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 the Residences. 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 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 THIS 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 THIS SITE, FOR ANY DEFICIENCY, ERROR OR INTERRUPTION IN THE OPERATION OF THIS SITE, OR SUSPENSION OR TERMINATION OF THE OPERATION OF THIS SITE OR YOUR ABILITY TO ACCESS AND USE THIS 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 THIS 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 that all warranties be waived to the extent permitted by law.
Additional limitations may appear from time to time within the body of this Site and are incorporated herein by reference.
OPERATION AND ACCESS TO SITE
Ohana Realty make no representations or warranties regarding the availability of this Site at any given time, whether the use of this Site will be uninterrupted, or the continued operation of this Site. Ohana Realty, with or without notice, may suspend the operation of this Site for indefinite periods of time, terminate the operation of this Site at any time, and suspend or terminate your ability to access and use this Site at any time. Ohana Realty, with or without notice, may revise the features and functionality of this Site, and the instructions and guidelines regarding the access to and use of this 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 this Site, and the IP number(s) or address(es) used for this 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 this 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 this Site or materials transmitted from this Site do not contain such computer programming routines, features or operations. 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.
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 this Site any materials which:
(i) restrict or inhibit any other user from using and enjoying this 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, or
(vi) constitute or contain false or misleading indications of origin or statements of fact; and
(B) You will use this site and service in accordance with these Terms.
LIMITATION OF LIABILITY
Ohana Realty grants a limited license to viewers to download or print pages from this 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 this 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 this 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 this Site or from the use or the downloading of any materials from this 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 buyers of property purchased from Developer and/or marketed by Ohana Realty, unless such information is specifically referenced to in such documents. Information on various properties owned by Developer and/or marketed 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 agreements and/or 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 any of 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 Ohana Realty, 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, and/or any of their affiliates.
Broker participation is welcome with respect to the Residences pursuant to a written agreement with Developer. 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 or any of its affiliates, the resulting agreement 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 any legal document to Ohana Realty, Developer or any of their affiliates.
EQUAL HOUSING OPPORTUNITY
Ohana Realty is committed to the letter and spirit of the U.S. policy for the achievement of equal housing opportunity. 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 any of their affiliates.
Unless classified as intellectual property owned by Montage or an affiliate, the project graphics, renderings, site plans, unit floor plans, depictions and other copyrighted works are owned by Developer. COPYRIGHT © Ohana Realty de Mexico, S. de R.L de C.V. 2019 – All rights reserved.
Last Updated: May 9, 2019