TERMS OF USE

NOT AN OFFERING

This advertising material is neither an offer to sell nor a solicitation to buy to residents in states in ether Mexico or the United States or in other jurisdictions in which registration or other prior qualification is required unless and until we have met such requirements. Offers may only be presented and/or accepted at the sales center for Maravilla. Any offerings contained herein are void where prohibited by law. No governmental agency has judged the merits or value, if any, of this property. This material and the features, amenities and facilities described and depicted herein are based upon current development plans, which are subject to change without notice. No guarantee is made that the features, amenities and facilities depicted by artists’ renderings or otherwise described herein will be provided, or, if provided, will be of the same type, size or nature as depicted or described. All illustrations and depictions are artist renderings or stock photographs used to depict lifestyle only and are not intended to be scenes from or within Maravilla. Prices and features are subject to change in the sole discretion of the Developer without notice. All references to square footage (or square meters) are approximate and the actual configuration may vary.

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.

Vista Serena, S. de R.L. de C.V., a Mexican limited liability company (“Seller”), uses the “Maravilla” brand name and certain “Maravilla” trademarks (collectively, the “Trademarks”) in Mexico in connection with the sales and marketing of the property under a license from Ohana Cabos LLC.

© 2013 – Vista Serena, S de R.L. de C.V. – All rights reserved.

USE OF SITE

WELCOME TO MEXICO. VISTA SERENA S de R.L. de C.V. (“Vista Serena”) HAS ESTABLISHED THIS WEBSITE ON THE WORLD WIDE WEB (“WEBSITE” OR “SITE”) FOR USE BY PERSONS INTERESTED IN LEARNING MORE ABOUT MARAVILLA, A LUXURY RESORT BEING DEVELOPED IN LOS CABOS, MEXICO. 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.

THESE TERMS OF USE CONTAIN IMPORTANT DISCLAIMERS THAT YOU SHOULD READ.

PLEASE READ THE FOLLOWING INFORMATION PERTAINING TO THE USE OF THIS WEBSITE. This Site is owned and/or operated by Vista Serena. The following terms and conditions govern the use of information, materials and documents being made available to you at this website. By accessing or using this Site, you agree to all terms and conditions and acknowledge having been provided all such notices and disclaimers contained or referenced herein and other terms on this Site (the “Terms of Use”). If you do not agree to these Terms of Use please do not use this Site. We reserve the right, at our discretion, to update or revise these Terms of Use. Please check the Terms of Use periodically for changes. Your continued use of this Site following the posting of any changes to the Terms of Use constitutes acceptance of those changes. We are not obligated to provide you with an updated Terms of Use by any means other than by posting here.

The most recent update to these Terms of Use was: July 26, 2013

Jurisdiction

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 of Use shall be governed by, construed and enforced in accordance with, and subject to the laws of Mexico. If any provision of these Terms of Use shall be determined to be invalid, unlawful, void or otherwise not enforceable, it is agreed that the remaining provisions of these Terms of Use shall remain in full force and effect.

Electronic Delivery Policy and Your Consent

By using this Site, you consent to receive electronic communications from Vista Serena, including notices and other disclosures. Vista Serena 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 Vista Serena and provide your email address, you consent to the receipt of subsequent emails from Vista Serena.

Use Limitations

This Site is prepared and designed to provide you with information about Vista Serena and its Maravilla Community. 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 Vista Serena. 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 Vista Serena 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.

Vista Serena 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.

The Site and all the contents contained herein are provided “as is” and “as available” without warranty of any kind. To the extent permitted under applicable law, Vista Serena disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, habitability, fitness for a particular purpose, and non-infringement. Some jurisdictions do not permit exclusion of implied warranties, so the above exclusion may not apply to you; however, it is the intention of Vista Serena 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.

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:

(B) You will use the site and service in accordance with these Terms of Use.

Limitation of Liability

Vista Serena 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. Vista Serena has the right at any time to change, modify, add to or discontinue any aspect or feature of the Site. Vista Serena 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.

You agree that Vista Serena shall not be liable for any damages that result due to the use or reliance on information contained on this Site. Vista Serena 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, Vista Serena 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. Vista Serena 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 Vista Serena unless such information is specifically referenced to in such documents. Information on various properties owned by Vista Serena 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 Vista Serena, its subsidiaries and affiliates, and any of the partners, members, shareholders, officers, directors, employees, consultants, attorneys and agents of Vista Serena 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 the Terms of Use, or your infringement of any intellectual property or other right of Vista Serena, their affiliates or any person or entity. You further release Vista Serena 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 of Use, nothing on this Site shall impose any liability on Vista Serena nor shall it be used to establish any representation, warranty or agreement of Vista Serena to you in connection with any other agreement or any other transaction you may have with Vista Serena and its affiliates.

Children

This Site contains general information and is not intended to be used by children under the age of 13. We do not knowingly collect information from children under the age of 13. Children over the age of 13 should only use this Site with the consent and supervision of parents while online and should never provide any personal information or engage in any interactive portion of the Site. 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.

Broker Participation

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 Vista Serena. 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 Vista Serena, their 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 us.

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 Vista Serena, 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 sites. Vista Serena 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 of Vista Serena, or its affiliates.

Privacy Policy

Use of any information gathered from or about you through this Site shall be governed by this Terms of Use and Vista Serena’s Privacy Notice, to which this Terms of Use links below and which is incorporated by reference. Vista Serena may use and disclose any information, content, record, or electronic communication of any kind: to satisfy any law, regulation, governmental request or to respond to a subpoena; as necessary to operate their sites; to protect the safety, rights or property of Vista Serena, its affiliates, or users of this Site; to respond to a violation of this Terms of Use, and as otherwise permitted in this Terms of Use and thePrivacy Notice.

Equal Housing Opportunity

We are pledged 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.

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 info@maravillaloscabos.com.

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