Sterling Montage Cay Ltd. and its affiliates, properties and property owners (collectively, “SMCL” or “us” or “we”), require that all visitors to this website adhere to the following terms and conditions of use (these “Terms”). These Terms govern your use of our online services, any content or information therein, the https://montagecayresidences.com/website, any subdomains of such websites, and any other website pages on which services are provided by us (collectively, the “Website”). By accessing and using the Website, you agree, on your own behalf and on behalf of any corporation or other legal entity that you represent or for which you access the Website (your “Company”), to be bound by and comply with these Terms and to comply with all applicable laws and regulations. If you do not agree to these Terms, you are not authorized to use the Website.
CHANGES TO THESE TERMS AND THE WEBSITE
We may change these Terms at any time, and all such changes are effective immediately upon notice, which we may give by any means, including, but not limited to, by posting a revised version of these Terms or other notice on the Website. You should view these Terms often to stay informed of changes that may affect you. Your use of the Website constitutes your continuing agreement to be bound by these Terms, as they are amended from time to time. We expressly reserve the right to make any changes that we deem appropriate from time to time to the Website or to any information, text, data, databases, graphics, images, sound recordings, audio and visual clips, logos, software, opportunities, features, services, and other materials within the Website (all such materials, and any compilation, collection, or arrangement thereof, the “Content”).
You understand and agree that we own, or (where applicable) we have lawfully licensed from third parties, all right, title, and interest in and to the Website and all of the Content. You acknowledge and agree that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest by accessing or using the Website or the Content. Such intellectual property and proprietary rights may include, but are not limited to, copyrights, trademarks and service marks, trade dress, and trade secrets, and all such rights are the property of SMCL or its licensors and Content providers.
LICENSE AND ACCESS AND USE
You may access and use this Website only for your personal use (or, if accessing the Website on behalf of a Company, only your Company’s own internal use). Any other access to or use of the Website or the Content constitutes a violation of these Terms and may violate applicable copyright, trademark, or other laws. We make no representation that Website or Content is appropriate or available for use in your location. A reference to a product or service on the Website does not imply that such product or service is or will be available in your location. The content of the Website, including advertising content, is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations. Each product or service is void where prohibited by law.
- WITH RESPECT TO HOTEL RESIDENCES, THESE MATERIALS DO NOT CONSTITUTE AN OFFER OR SOLICITATION OF ANY KIND, NOR ARE THEY INTENDED TO BE DISTRIBUTED IN OR CONSTITUTE AN OFFER IN ANY STATE OR COUNTRY IN WHICH SMCL OR THE APPLICABLE DEVELOPER OF A PROJECT HAS NOT REGISTERED TO SELL PROPERTY, IF REQUIRED.
- You may not access, use, or copy any portion of the Website or of the Content through the use of bots, spiders, scrapers, web crawlers, indexing agents, or other automated devices or mechanisms. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within any of the Content. Except as expressly authorized by us in writing, in no event will you reproduce, redistribute, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the Website or the Content or any access to or use of the Website or the Content.
RESTRICTIONS ON ACCESS
- You represent and agree that all information that you provide to us in connection with your access to and use of the Website is true, accurate, and complete to the best of your knowledge and belief. SMCL reserves the right, in its sole discretion, to terminate your access to all or part of the Website, without notice or liability, for any reason, including, but not limited to the breach of any agreement between you and SMCL, including, without limitation, these Terms. Following any such termination of access, you will continue to be bound hereunder to the fullest extent applicable.
- Upon being notified that your access is terminated, you must destroy any materials you have obtained from the Website. You may not access the Website after your access is terminated without our written approval. After terminating your access, SMCL will retain all rights, including all intellectual property rights, proprietary rights, and licenses retained in these Terms, and the limitations upon your use and treatment of Content will remain in full force.
In connection with your access and use of the Website and that of any person authorized by you to access and use the Website, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable local rules regarding online conduct. Specifically, in connection with your use of the Website, neither you nor the Company may cause or permit any person to use the Website or Content for any unlawful purpose.
PROMOTIONAL AND OTHER INFORMATION
- We may make information regarding specific programs, offers or promotions, which we are conducting, available on the Website. Any such program, offer or promotion is subject to the specific terms, conditions and restrictions listed on the Websites in connection with such program, offer or promotion. We reserve the right to alter or withdraw any program, offer or promotion at any time. Each program, offer and promotion is void where prohibited by law. Please refer to and read carefully the terms, conditions and restrictions included on the Website in connection with each program, offer or promotion.
- This Website may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to your transaction. We do not assume responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor reservations or information affected by such inaccuracies. We reserve the right to make changes, corrections, cancellations and/or improvements to the Website, and to the products and programs described on the Website, at any time without notice, including after confirmation of a transaction.
SMCL takes such commercially reasonable measures as it deems appropriate to secure and protect information transmitted to and from the Website. Nevertheless, we cannot and do not guarantee that any such transmissions are or will be totally secure.
The use of this WEBSITE by you and your Company is at your and its sole risk. ACCORDINGLY, THE WEBSITE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED AND EXCLUDED, TO THE FULLEST EXTENT PERMITTED BY LAW. SPECIFICALLY, SMCL AND ITS AFFILIATES AND CONTENT-PROVIDERS DO NOT WARRANT THAT: (a) THE USE OF THIS WEBSITE OR ANY THIRD PARTY WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (b) THAT THE USE OF THIS WEBSITE OR ANY SUCH THIRD PARTY WEBSITE WILL ALLOW YOU TO OBTAIN ANY PARTICULAR RESULTS WHATSOEVER; (c) THE CONTENT OR ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS WEBSITE OR ANY THIRD PARTY WEBSITE ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, OR OF ANY PARTICULAR VALUE OR QUALITY; (d) THAT ANY DEFECTS IN THE WEBSITE OR IN THE CONTENT WILL BE CORRECTED; OR (e) THAT THE WEBSITE AND THE CONTENT ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
- In no event will SMCL or its affiliates, property owners, contractors, suppliers, content-providers, and other similar entities, and the officers, directors, employees, representatives, and agents of each of the foregoing (collectively, the “SMCL Parties”), be liable to you, your Company, or any third party for any losses or damages, alleged under any legal theory, arising out of or in connection with: (a) your use of, or reliance on, the Website or the Content or (b) the SMCL Parties’ performance of or failure to perform their obligations in connection with these Terms.
- Under no circumstances will the SMCL Parties be liable to you, your Company, or any third party for any indirect, consequential, incidental, punitive, special, or similar damages or costs (including, but not limited to, lost profits or data, loss of goodwill, loss of or damage to property, loss of use, business interruption, loss of contracts; loss of anticipated savings; wasted management or office time; claims of third parties, and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise) arising out of or in connection with these Terms or the use of the Website or the Content, or the transmission of information to or from the Website over the Internet, even if they were advised, knew, or should have known of the possibility of such damages or costs. In a jurisdiction that does not allow the exclusion or limitation of liability for certain damages, the liability of the SMCL Parties will be limited in accordance with these Terms to the extent permitted by law.
- Without limiting any of the foregoing, if the SMCL Parties are found liable to you or to any third party as a result of any claims or other matters arising under or in connection with these Terms, the Website, or your use of the Website, the maximum liability for all such claims and other matters will not exceed $100 in any calendar year.
These Terms will be construed and enforced in accordance with the laws of the State of California. You and your Company agree that any cause of action arising under these Terms or otherwise involving this Website will be brought exclusively in the U.S. District Court for the Central District of California or in any California state court having jurisdiction over the matter. You and your Company expressly consent to jurisdiction and venue in such courts.
WAIVER OF JURY TRIAL
YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL IN ANY ACTIONS, SUITS, OR PROCEEDINGS ARISING OUT OF OR RELATING TO THESE TERMS AND THE MATTERS CONTEMPLATED HEREBY.
- Our electronically or otherwise properly stored copy of these Terms will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms.
- Any provisions of these Terms that are reasonably inferable to have been intended to survive termination (including, but not limited to, any provisions regarding limitation of our liability or indemnification) will continue in effect beyond any such termination of access to this Website.
- These Terms do not confer any rights, remedies, or benefits upon any person other than you.
- We may assign our rights and duties under these Terms at any time to any third party without notice. You may not assign these Terms without our prior written consent.
- Our waiver of any breach of these Terms will not be a waiver of any preceding or subsequent breach thereof.
- If any provision of these Terms is held to be invalid or unenforceable, that provision will be stricken and will not affect the validity and enforceability of any remaining provisions.
- Possible evidence of use of the Website for illegal purposes will be provided to law enforcement authorities.
- Discontinuation of use of this Website is your sole right and remedy for any dissatisfaction with the Website or any of the Content.
If you have entered into a separate agreement with SMCL with respect to your use of the Website or any Content, that agreement will supersede these Terms to the extent they are in conflict.
Please contact us with any questions regarding the Website or these Terms at:
3 Ada Parkway, Suite 100
Irvine, California 92618