Read Policy and Terms

Privacy Policy + Terms & Conditions

Website Terms of Use 

Revised: March 20, 2012

Welcome to the website of Baha Mar Ltd. Please read the Terms of Use carefully before you start to use the site.  This agreement (the “Terms of Use”) is a legally binding contract between you (“You” or Your”) and  Baha Mar Ltd., its subsidiaries, affiliate companies, and Strategic Partners   ("Company", "we" or "us").

 

Acceptance of the Terms of Use

The following terms and conditions (together with any documents referred to in them) (collectively, these "Terms of Use") apply to your use of  www.bahamar.com, including any content, functionality and services offered on or through www.bahamar.com  (the "Website"), whether as a guest or a registered user.

By using the Website, or any Webpage operated by the Company, You accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated here by reference. If You do not want to agree to these Terms of Use or the Privacy Policy, You must exit the Website. Additionally, if You are under the age of 18, you must immediately discontinue Your use of this Website and are not eligible to participate in any of the promotional offers, e-commerce opportunities, gaming experiences, or other offers included on the Website. Additionally, if You are under the age of 18 Your rights to access the Website and any licenses that would otherwise be granted to you in accordance with or pursuant to these Terms of Use is expressly revoked. 

Through the Website, the Company: (i) provides information regarding development plans, ongoing operations, upcoming events, anticipated offerings, and other facts, and/or forward looking statements  (collectively, the “Information”); (ii) offers access to and sale of certain Goods, including merchandise, gifts, and accessories (collectively, the “Goods”); and (iii) certain services, including, but not limited to, promotional information, development projects, reservation services, residential sales information, hotel accommodations, restaurants, membership enrollment programs, VIP programs, player loyalty programs, and use of certain computer software applications that may be downloaded from the Website, advertising and promotional offers, employment information, sale of online services and Goods, online vendor registration, travel accommodations, (collectively, the “Services”).  These Terms of Use govern Your access to the Website, Your use of the Information and Services, or any purchase of the Goods. 

 

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on You. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. 

 

Termination of the Terms of Use         

We may terminate this agreement at any time, in Our sole discretion, and without notice to You.  Additionally, if You print, copy, modify, download or otherwise use any part of the Website in breach of the Terms of Use, Your right to use the Website shall automatically terminate.  Upon termination of this agreement You agree to: (i)  immediately destroy any downloaded and/or printed materials; (ii) cease to access the Website for any purpose whatsoever; and (iii) forego any accrued but unredeemed benefit derived from your prior access to and/or use of the Website. Once this agreement is terminated, Your continued use or access will be deemed unauthorized.   Any unauthorized use of materials contained on this Website may violate domestic and/or international copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations states. 

If You print, copy, modify, download or otherwise use any part of the Website in breach of the Terms of Use, Your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

Accessing the Website and Account Security

By using this Website, you represent and warrant that you are 18 years or older.

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.  From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.  

You are responsible for making all arrangements necessary for You to have access to the Website.  You are responsible for ensuring that all persons who access the Website through Your internet connection are aware of these Terms of Use, and that they comply with them. To access the Website or some of the resources (including Information provided, Goods sold or given away, and/or Services offered), You may be asked to provide certain registration details or other information. It is a condition of Your use of the Website that all the information You provide on the Website is correct, current and complete.  If You choose, or You are provided with, a user name, password or any other piece of information as part of our security procedures, You must treat such information as confidential, and You must not disclose it to any third party. You agree to immediately notify Company of any unauthorized use of Your user name or password or any other breach of security. You also agree to ensure that You exit from Your account at the end of each session. You should use particular caution when accessing Your account from a public or shared computer so that others are not able to view or record Your password or other personal information.

We have the right to disable any user identification code or password, whether chosen by You or provided by us, at any time in our sole discretion for any or no reason, including, if in our opinion, You have failed to comply with any provision of these Terms of Use

 

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all Information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by Bahamian, United States and/or international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.  If you have accessed the Website, the Company grants to You a limited, personal, non-exclusive, non-transferable, revocable license to use the Services and display the Information contained on the Website.  All rights not expressly granted herein by the Company to You are reserved by the Company and/or its licensors. You are permitted to use the Website for Your personal, non-commercial use only or legitimate business purposes related to your role as a current or prospective customer, supplier or distributor for the Company. You must not copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our site, except to:

  • Store copies of such materials temporarily in RAM.
  • Store files that are automatically cached by your Web browser for display enhancement purposes.
  • Print a reasonable number of pages of the Website for a permitted use.

 

You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
  • You must not reproduce, sell or exploit for any commercial purposes any part of the Website, access to the Website or use of the Website or any services or materials available through the Website. 

No right, title or interest in or to the Website or any content on the site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

 

Company Trademarks

The Company name, the terms: (i) BAHA MAR THE BAHAMIAN RIVIERA; (ii) THE BAHAMIAN RIVIERA; (iii) BAHA MAR THE CARIBBEAN RIVIERA; (iv) THE CARIBBEAN RIVIERA; (v) BAHA MAR; (vi) the BAHA MAR logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.

 

Prohibited Uses

  • You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
  • In any way that violates any applicable international, federal, state, or local law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). 
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • To impersonate or attempt to impersonate the Company or a Company employee, another user, or person or entity (including, without limitation, the use of e-mail addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
  • Additionally, You agree not to:
  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including to monitor or copy any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Take any action that might cause the Company to lose (in whole or in part) the services of its information technology partners or other suppliers; 
  • Use any device, software or routine that interferes with the proper working of the Website.
  • Introduce any viruses, trojan horses, worms, cancelbots, easter eggs, corrupted files, logic bombs or other material which is malicious or technologically harmful, designed to interrupt, interfere, intercept, expropriate, destroy or limit the functionality of any data, personal information.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website. 
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.
  • Upload, transmit, post, email or otherwise make available to the Website any content or other material that is false, inaccurate, misleading, fraudulent, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, libelous, or infringes on any third party’s intellectual property. 

 

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any user contributions for any or no reason in our sole discretion.
  • Take any action with respect to any user contribution that we deem necessary or appropriate in our sole discretion if we believe that such user contribution violates the Terms of Use, including the content standards, infringes any intellectual property right or other right, threatens the personal safety of users of the Website and the public or could create liability for the Company.
  • Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website. 
  • Terminate your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

The Company shall own all right, title, and interest, including all related intellectual property rights, to any suggestions, ideas, feedback, remarks, concepts, graphics, material, recommendations, comments, photos, posting, or other information or communications provided by You relating to the Website (“Submissions”), and You agree to and hereby assign such Submissions to Company free of charge.  For any Submission that cannot be legally assigned to Company, You hereby grant Company an unrestricted, perpetual, royalty-free, irrevocable license to use any ideas, concepts, know-how or techniques that you send Company for any purpose whatsoever, free of any cost, charge or compensation to You. You hereby waive any “moral rights” associated with the Submissions. 

 

Reliance on Information Posted

We do not warrant the accuracy, completeness or usefulness of any information on the Website. Any reliance You place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to the Website, or by anyone who may be informed of any of its contents. We may update the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and We expressly disclaim, and accept no obligation to update such material and or Information. We may change the Website at any time with or without notice. We may suspend access to the Website, or close it indefinitely.

 

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, You consent to all actions taken by us with respect to Your information in compliance with the Privacy Policy. You represent and warrant that all data provided by You is accurate. 

 

Online Purchases

All purchases through our Website or other transactions for the sale of Goods / or Services or Information formed through the Website or as a result of visits made by You are governed by our Terms of Sale, which are hereby incorporated into these Terms of Use.

 

Linking to the Website

You may not link to our Website to any website without our expressed written consent.  You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

 

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. Under no circumstances shall the Company be responsible for damages caused by You as a result of your decision to link to any third party sites.

 

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW

 

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) resulting from your violation of these Terms of Use or your use of the Website, including, without limitation, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

 

Governing Law and Jurisdiction

These Terms of Use and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of The Commonwealth of The Bahamas without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the courts of The Commonwealth of The Bahamas, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

Waiver and Severability

No waiver of these Terms of Use by the Company shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. 

 

Entire Agreement

The Terms of Use and/, our Privacy Policy, and Terms of Sale constitute the sole and entire agreement between you and Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, terms of use, representations and warranties, both written and oral, with respect to the Website.

 

Your Comments and Concern

All notices of copyright infringement claims and all other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: West Bay Street, P.O. Box N-10977, Nassau, Bahamas.

 

Residences Disclaimer

These materials do not constitute an offer to sell, nor a solicitation of an offer to buy, to residents or citizens of any jurisdiction (including the United States of America) in which registration is required or where other legal requirements in such jurisdiction have not been fulfilled.  All illustrations are artists’ conceptual renderings (or photographs included for illustrative purposes) that may not reflect the project or residences  as currently designed or as may ultimately be constructed and are subject to change without notice.  The Baha Mar project is owned, offered, marketed, sold, constructed and developed by Baha Mar Ltd. (“Developer”) NOT by Rosewood Hotels and Resorts, L.L.C.; Morgans Hotel Group Management LLC; or Hyatt Corporation; or any of their affiliates (collectively, the “Brands” and individually as “Brand”). 

All registered trademarks, trade names, and photos and product / facility depictions (collectively “Intellectual Property”) of the respective Brands are owned by each Brand, as applicable, and such Intellectual Property has been included for illustrative purposes only.  Developer has entered into a Marketing License Agreement with each Brand pursuant to which Developer has the right to offer and sell residential units in a development to be known as the “Grand Hyatt at Baha Mar”;  “Rosewood at Baha Mar”, and “Mondrian at Baha Mar” respectively (the “Residences Component”) using the name “Hyatt,”, “Rosewood, and / or “Mondrian” respectively  together with certain trademarks and Intellectual Property which are owned by, licensed to, utilized by, or otherwise associated with the Brands (collectively, the “Brand Trademarks”).  Additionally, Developer and Brands have entered into a series of contractual agreements (collectively, the “Residential Agreements”) pursuant to which Brands will (i) oversee and supervise the operation of the Residences Component on behalf of the Developer and (ii) allow the Brand Trademarks to be used in connection with the branding and operation of the Residences Component. The Brand Trademarks will not be associated with the Residences Component, or any residential unit situated within the Residences Component, upon termination of the Residential Agreements for any reason whatsoever.  If the Residential Agreements are terminated, the Residences Component will be required to cease using the Brand Trademarks.  Accordingly, a purchaser should not acquire a unit within the Residences Component with the expectation that the Brand Trademarks will continue to be associated with the Residences component during his or her entire period of ownership.  The right and license to use the Brand Trademarks is not part of the common premises or otherwise included in the purchase of any unit within the Residences Component.  Neither any purchaser of any residential unit, nor any community association constituted with respect to the Residences Component or any segment thereof, shall have any right, title or interest in and to the name “Hyatt”; “Rosewood” and / or “Mondrian” respectively or any of the Brand Trademarks.

There exists no joint venture, joint enterprise, partnership, ownership or similar relationship between the Developer and any of the Brands as to the Hotel or the Residences.  The Brands have no ownership interest in the Residences Component.  The Brands do not have any responsibility for the offering, marketing, sale or solicitation of units within the Residences Component.

The Brands are not responsible for construction of the Residences component, obtaining required permits, licenses and approvals to develop the Residences Component and sell units within the Residences Component, or ensuring that the units within the Residences Component are sold in accordance with applicable laws, codes, ordinances and other governmental requirements.  Under no circumstances shall the Brands be deemed to have made any representation or warranty to any purchaser of a unit within the Residences Component with regard to the foregoing matters or any other matter whatsoever.  The Brand’s retention and exercise of rights of approval or inspection with respect to the marketing and sale of units within the Residences Component are for the sole purpose of protecting the reputation and integrity of the Brands’ Trademarks.

Any purchase of a Residence should be for personal use and enjoyment and should be without reliance upon any potential for future profit, any rental income potential, economic or tax advantages, appreciation, depreciation or investment potential that may or may not be derived or realized from the ownership of a Residence, or any monetary or financial advantage with respect thereto or from voluntary participation in the Rental Program. 

 

Legal Disclaimer

These materials do not constitute an offer to sell, nor a solicitation of an offer to buy, to residents or citizens of any jurisdiction (including the United States of America) in which registration is required or where other legal requirements in such jurisdiction have not been fulfilled.  All illustrations are artists’ conceptual renderings (or photographs included for illustrative purposes) that may not reflect the project or residences  as currently designed or as may ultimately be constructed and are subject to change without notice.  The Baha Mar project is owned, offered, marketed, sold, constructed and developed by Baha Mar Ltd. (“Developer”) NOT by Rosewood Hotels and Resorts, L.L.C.; Morgans Hotel Group Management LLC; or Hyatt Corporation; or any of their affiliates (collectively, the “Brands” and individually as “Brand”). 

All registered trademarks, trade names, and photos and product / facility depictions (collectively “Intellectual Property”) of the respective Brands are owned by each Brand, as applicable, and such Intellectual Property has been included for illustrative purposes only.  Developer has entered into a Marketing License Agreement with each Brand pursuant to which Developer has the right to offer and sell residential units in a development to be known as the “Grand Hyatt at Baha Mar”;  “Rosewood at Baha Mar”, and “Mondrian at Baha Mar” respectively (the “Residences Component”) using the name “Hyatt,”, “Rosewood, and / or “Mondrian” respectively  together with certain trademarks and Intellectual Property which are owned by, licensed to, utilized by, or otherwise associated with the Brands (collectively, the “Brand Trademarks”).  Additionally, Developer and Brands have entered into a series of contractual agreements (collectively, the “Residential Agreements”) pursuant to which Brands will (i) oversee and supervise the operation of the Residences Component on behalf of the Developer and (ii) allow the Brand Trademarks to be used in connection with the branding and operation of the Residences Component. The Brand Trademarks will not be associated with the Residences Component, or any residential unit situated within the Residences Component, upon termination of the Residential Agreements for any reason whatsoever.  If the Residential Agreements are terminated, the Residences Component will be required to cease using the Brand Trademarks.  Accordingly, a purchaser should not acquire a unit within the Residences Component with the expectation that the Brand Trademarks will continue to be associated with the Residences component during his or her entire period of ownership.  The right and license to use the Brand Trademarks is not part of the common premises or otherwise included in the purchase of any unit within the Residences Component.  Neither any purchaser of any residential unit, nor any community association constituted with respect to the Residences Component or any segment thereof, shall have any right, title or interest in and to the name “Hyatt”; “Rosewood” and / or “Mondrian” respectively or any of the Brand Trademarks.

There exists no joint venture, joint enterprise, partnership, ownership or similar relationship between the Developer and any of the Brands as to the Hotel or the Residences.  The Brands have no ownership interest in the Residences Component.  The Brands do not have any responsibility for the offering, marketing, sale or solicitation of units within the Residences Component.

The Brands are not responsible for construction of the Residences component, obtaining required permits, licenses and approvals to develop the Residences Component and sell units within the Residences Component, or ensuring that the units within the Residences Component are sold in accordance with applicable laws, codes, ordinances and other governmental requirements.  Under no circumstances shall the Brands be deemed to have made any representation or warranty to any purchaser of a unit within the Residences Component with regard to the foregoing matters or any other matter whatsoever.  The Brand’s retention and exercise of rights of approval or inspection with respect to the marketing and sale of units within the Residences Component are for the sole purpose of protecting the reputation and integrity of the Brands’ Trademarks.

Any purchase of a Residence should be for personal use and enjoyment and should be without reliance upon any potential for future profit, any rental income potential, economic or tax advantages, appreciation, depreciation or investment potential that may or may not be derived or realized from the ownership of a Residence, or any monetary or financial advantage with respect thereto or from voluntary participation in the Rental Program. 

Privacy

Welcome to the website of Baha Mar Ltd. Please read the Terms of Use carefully before you start to use the site.