Montage Residences Healdsburg
These Terms apply exclusively to and govern your access and use of this Website (the “Site”). Ohana Realty has established this Site in conjunction with the Developer for use by persons interested in learning more about Montage Residences Healdsburg, a luxury resort being developed in California. 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 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; however, 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 California, 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
For All Prospective Purchasers – This is not intended as an offering of Residences or other property or memberships in any program. These materials do not constitute an offer to sell, or a solicitation of an offer to buy to residents of any jurisdiction where prior qualification is required unless the Developer has previously met such qualifications and no marketing or sales literature will be knowingly forwarded to or disseminated in such jurisdictions unless the Developer has met such qualifications. Offers may only be physically presented and/or accepted at the sales center for Montage Residences Healdsburg. Electronic Documents will be deemed presented and/or accepted at the sales center as well. Any offering or programs contained herein are void where prohibited by law.
For California Residents – WARNING: THE CALIFORNIA BUREAU OF REAL ESTATE (“CalBRE”) HAS NOT APPROVED OR ENDORSED THIS OFFERING. A COPY OF THE PUBLIC REPORT MAY BE OBTAINED FROM THE OWNER, SUBDIVIDER, OR AGENT AT ANYTIME UPON ORAL OR WRITTEN REQUEST. THE DEVELOPER IS CURRENTLY OPERATING UNDER A PRELIMINARY PUBLIC REPORT FROM CalBRE WHICH ONLY ALLOWS FOR THE TAKING OF RESERVATIONS. RESERVATIONS ARE NON-BINDING. DEVELOPER MAY NOT NEGOTIATE THE SALE OR LEASE OF LOTS OR UNITS WITH BUYERS UNTIL A CONDITIONAL OR FINAL PUBLIC REPORT HAS BEEN ISSUED BY CalBRE.
For New York Residents– Developer and principals 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, the Developer or anyone acting with the Developer’s knowledge, nor will any activities by the Developer under such circumstances target New York State residents. These disclosures have been made to ensure that the Developer has taken adequate measures to notify residents of the State of New York that it will not offer property to residents of New York that has not been previously qualified for sales in New York in or from the State of New York.
The Resort described herein and the Residences located within the Resort 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 Resort or any part thereof. The Developer 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 Resort will be identified as a Montage branded project or have any rights to use the Trademarks. There exists no joint venture, joint enterprise, partnership, ownership, agency relationship, broker relationship or similar relationship between the Developer and Montage, as to the Residences or the development, offering, marketing, sale or solicitation of Residences. Montage does not have any responsibility for the development, offering, marketing, sale or solicitation of 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, brokers or sales persons). 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.
All registered trademarks, trade names, and photos and product/facility depictions (collectively “Brand Intellectual Property”) of Montage are owned by Montage and such Brand Intellectual Property has been included for illustrative purposes only. The Developer’s use of the Brand Intellectual Property in connection with the sales and marketing of the Residences, including its right to use the names Montage Hotels & Resorts is pursuant to limited, non-exclusive, non-transferable and non-sublicensable licenses from the Montage (the “License”). The License may be terminated or may expire without renewal and without the consent of, a Purchaser of a Residence or the Association in which case neither the Residences nor any part of the Resort will be identified as branded project affiliated with Montage or otherwise have any rights to use the Trademarks. Furthermore, no owner of a Residence will have any right to use the Brand Intellectual Property, including their trademarks, and ownership of a Residence will not confer any such rights to the Owner.
Developer or an affiliate may enter into a management agreement for the management of certain portions of the Resort by Montage (the “Management Agreement”). Any such Management Agreement may be terminated under the circumstances specified in the Management Agreement or may expire without renewal and without the consent of any Owner of a Residence or the Association. It is possible that the Resort will not be identified with or authorized to use any of the Brand Intellectual Property.
In order to purchase a Residence at the Resort, Buyers will sign a Brand License Disclosure incorporating the above and additional terms as an addendum to their Purchase Agreement.
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.
Detailed Review of Rights, Obligations and Benefits Required; Dues and Fees
Purchasers will be subject to mandatory membership in a governing property owners’ association, which will 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 governing documents of the Residences along with the required California Public Report. Such dues and assessments will include an allocated amount of shared expenses that are shared by the Association and the overall Resort. All governing documents along with your proposed Purchase Agreement as well as all use and occupancy restrictions that may affect the Residence you might purchase should be reviewed 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.
The materials being provided and the information contained herein are meant to be a cursory overview of Resort only and should not substitute for a detailed visit and evaluation of Montage Residences Healdsburg. None of the information contained herein shall be relied upon as financial, tax, accounting, investment, business, or legal advice. You should consult with your own advisors on this as well. No legal or financial advice is being offered and Purchasers are solely responsible for determining whether any investment is appropriate or suitable based on personal investment objectives and financial status.
Contents of Advertising Disclaimed
Any information provided in the Site is strictly intended for informational purposes only. ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY STATING REPRESENTATIONS OF DEVELOPER. All prices are subject to change without notice. For correct representations, please refer to your Purchase and Sales Agreement used for the purpose of acquiring a condominium in the Resort. While information on the Site is considered reliable, Developer does not guarantee the accuracy of this information. To the fullest extent allowable by law, all information provided on Site is provided “As Is” without any warranty whatsoever from Developer, and Developer specifically disclaims any representations or warranties, expressed or implied, regarding the services and/or merchandise 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.
All illustrations and depictions are artist renderings used to depict lifestyle only and are not intended to be scenes from or within the Resort. The photographs on this Site are stock scenes from Sonoma County or artists conceptual renderings of the Developer’s vision for the Resort. Conditions and Vision are subject to change from time to time. All references to timeframes and dates are estimates and are subject to change based on the Developer’s plans as well as the occurrence of any circumstances that are outside of the Developer’s control. Actual improvements may vary and views may not be available from all Residences. Future development can limit or eliminate views from a particular Residence. All references and any illustrations or maps relating to distances are not accurate and are intended as only as a basic characterization of the Site. Illustrations of Residences may depict options and upgrades and may not be representative of standard fixtures, furniture or features and may not be available. Any description of furnishings or fixtures is intended to be illustrative of the quality of furnishings and fixtures to be provided in the Residences and is not intended to display what will be available in the actual Residences. The actual furnishings and fixtures may have not been selected by the Developer and are subject to change. Information as to what will be included in a Residence shall be included in the Purchase Agreements for the individual Residences and shall govern what is included in the purchase of a Residence. The Resort is still in the formative stages of development and final plans and designs for the Residences are not in place and will not be until such time as the Developer is ready to commence sales.
Pricing and Other Details are All Subject to Change without Notice
Prices and features are subject to change in the sole discretion of the Developer without notice. Any listed prices contained in advertising and other promotional materials are estimates only. All references to square footage (or square meters) are approximate and the actual configuration may vary. Differing measurement techniques may also yield different total area of a Residence. You should not rely upon any listed figures describing the gross area of a Residence. All Residences are being sold based upon their type and location without regard to the total size.
Warranties and Conditions
Unless required by law or subject to warranties actually provided to you by Developer, everything on this Website is provided to you “AS IS.” DEVELOPER EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY DEVELOPER’S WEBSITES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
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.
Operation and Access of Site
Ohana Realty makes 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 fullest 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.
Buyers and prospective buyers may be provided separate log in access to a private portal (“Portal”) which provides additional information regarding the Resort. These Terms and Conditions apply equally to the use of the Portal. Additionally, the Developer cannot warrant that any information saved by users on the Portal will be secure or that the information, including information on dues, fees, costs of membership, 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.
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
Unlawful and Prohibited Uses
You agree not to use this Site, including but not limited to any materials or services that you may receive through your use of this Site: (a) in a manner that violates any local, state, federal, foreign, or international statute, regulation, rule, order, treaty, or other law or for any purpose that is prohibited by these terms, conditions, or notices; (b) to stalk, harass or harm another person or to interfere with any other party’s use and enjoyment of this Site; (c) to impersonate another person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to damage, disable, overburden, interfere or disrupt this Site or the servers or networks connected to this Site or any of Developer’s related websites. You further agree not to: (a) use any data mining, robots, or similar data gathering or extraction methods in connection with this Site or (b) attempt to gain unauthorized access to any portion of the Site or any other services, accounts, computer systems, or networks connected to this Site, whether through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
Developer reserves the right to bar use of the Site by any person engaging in fraudulent activity, attempting to deliberately damage the Site or conduct activities that are incompatible with these Terms. Additionally, Developer 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.
Electronic Delivery Policy and Your Consent and Opt Out Provisions
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.
Links to Other Sites
Developer is not responsible for the content of any off-site pages or any other sites linked to this Website. Linking to this Website, off-site pages or other sites is at your own risk.
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.
Executive Order 13224 requires that all United States entities and persons block assets and not transact business with entities, countries and persons (specifically designated nationals) set forth by the Office of Foreign Asset Control (“OFAC”). This requirement applies to all homebuilding entities, including Developer and Ohana Realty. Accordingly, Developer, Ohana Realty and/or their Affiliates will check current OFAC lists and other publications in connection with each potential transaction, mortgage loan, or home sale. In order to check the OFAC list, you will be required to provided Lennar and/or Lennar Affiliates with a Government issued identification card (this might include a driver’s license, birth certificate, passport or resident alien card).
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.
Equal Housing Opportunity
Developer is committed to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. Developer encourages and supports 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.
Choice of Law
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 Miscellaneous
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 or the Developer. These materials are protected by 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. 2018. All rights reserved.
Last Updated: October 21, 2018