TERMS OF USE

PLEASE READ THESE TERMS OF USE BEFORE USING THIS SITE.

Welcome. We are delighted to welcome you to the ALTIS web site (the “Site”), hosted by Mammoth Bridges Development Company LLC, its affiliates, agents, successors and assigns, (“MBD”). Terms and conditions contained herein, including the information in the provisions and link(s) below, constitute the terms upon which you may use this Site (the “Terms of Use”). This Site is offered to you, the user, on the condition that you accept without modification or exception the terms, conditions and notices contained in this Terms of Use. Your use of this Site constitutes your acceptance and agreement thereto. If you do not agree to these Terms of Use, you should not use or access this Site.

BY ACCESSING, USING, VIEWING, TRANSMITTING, CACHING OR STORING THIS SITE OR ANY OF ITS SERVICES, FUNCTIONS OR CONTENTS, YOU SHALL BE DEEMED TO HAVE AGREED TO EACH AND ALL OF THE TERMS, CONDITIONS AND NOTICES IN THIS SITE. IF YOU DO NOT AGREE, PLEASE CEASE USE OF THE SITE AND LEAVE THE SITE IMMEDIATELY.

Broker Information. The broker for ALTIS is Leisure Realty & Management Co Inc DBA Coldwell Banker Mammoth Real Estate, California Department of Real Estate, License No. 00381469 (“CBMRE”). CBMRE is an independent real estate broker and is not affiliated with MBD.

Use Limitations. The purpose of this Site is to provide you with information about ALTIS and MBD, its affiliates, and their services, products and properties. This Site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, or create derivative works from information or material on this Site, except as expressly permitted in this Terms of Use. You may not use this Site to engage in any unlawful activity.

Changes in Site. MBD reserves the right to make changes in these Terms of Use and to change, suspend or discontinue any aspect of the Site at any time, in its discretion, without notice.

Privacy Policy. Use of any information gathered from or about you through this Site shall be governed by these Terms of Use and the Privacy Policy (see link below) which is incorporated by reference. MBD 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 its Site; to protect the safety, rights or property of MBD, its affiliates, or users of its Site, when we have reason to believe that disclosing the information is necessary to identify, contact or bring legal action against someone who may be causing interference with our rights or properties, whether intentionally or otherwise; and as otherwise permitted under the Privacy Policy.

Monitoring use of the Site. MBD reserves the right, without any obligation, to monitor your use of this Site, without notice. You hereby waive any expectation of privacy in such activity and in any information collected through this Site. MBD reserves the right to censor, edit, remove or prohibit the transmission or receipt of any information that MBD deems inappropriate or in violation of these Terms of Use, and may use any such information as necessary to protect the site and/or the rights or properties of MBD, its affiliates, or to users. You agree that MBD may also monitor and review stored information without restriction. You hereby acknowledge and consent to such monitoring and reviewing.

Passwords. You acknowledge that MBD will know passwords that you use to access the Site. You acknowledge and agree that you are solely responsible for maintaining the confidentiality of your information and passwords and accept responsibility for all activities that occur under your account or password. MBD takes no responsibility and assumes no liability for any content posted or submitted by you or any users of your account.

User Feedback. By submitting any ideas, comments, suggestions or other information relating to the Site or services related to the Site (collectively, “Feedback”), you agree that such Feedback shall be deemed, and shall remain, MBD’s property. None of the Feedback shall be subject to any obligation of confidentiality on MBD’s part and MBD shall not be liable for any use or disclosure of any Feedback. MBD shall own all rights related to the Feedback and shall be entitled to use of the Feedback without restriction for any purpose whatsoever, commercial or otherwise, without compensation to you.

No contract or offer. Except for your agreement to abide by the Terms of Use and your agreement to the Privacy Policy, use of this Site does not create any contract or agreement between you and MBD, nor any obligation of MBD to you. You agree not to act in reliance upon the information contained herein and you waive any claim, demand, cause of action or damages incurred as a result of reliance on such information.

Indemnity. You hereby agree to indemnify, defend and hold harmless MBD and its affiliates, and the partners, members, shareholders, officers, directors, employees, consultants, attorneys and agents of MBD and/or its affiliates, from any and all third party 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, your violation of the Terms of Use, or your infringement of any intellectual property or other right of MBD, its affiliates or any other person or entity.

Invalidity of Terms. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.

Questions, Comments, Complaints, or Service Issues. If you have any questions, comments, complaints or service issues pertaining to this Site, please contact Carrie Hiltscher at chiltscher@starwood.com.

Termination of Access. You acknowledge that MBD may terminate your use of this Site or your access to this Site at any time, with or without cause.

Waiver. Any waiver of any provision of the Terms of Use will be effective only in writing and signed by MBD.

Equal Housing. MBD is committed to Equal Housing Opportunity.

Entire Agreement: The Terms of Use, including the provisions set forth under the additional pages linked below, constitute the entire agreement between the parties with respect to this Site. It supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, with respect to this Site.

The following provisions are incorporated by reference and are part of these Terms of Use. Please review each of them carefully before using our Site:

• General Disclaimers
• Linking Policy
• Dispute Resolution
• Copyright and Trademark Notices
• Land Sales Disclaimers
• Equal Housing Opportunity
• Status of Real Property
• Forward Looking Statements
• Privacy Policy (see link)

GENERAL DISCLAIMERS

THE INFORMATION AND OTHER MATERIAL PUBLISHED ON THIS SITE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS.

MBD DOES NOT WARRANT THAT THE SITE’S CONTENT, FUNCTIONS, OPERATION OR AVAILABILITY WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SYSTEMS THAT MAKE IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MBD AND ITS AFFILIATES SHALL NOT HAVE ANY LIABILITY FOR YOUR USE OF THIS SITE, INCLUDING ANY DEFECTS OR ERRORS CONTAINED THEREIN OR CAUSED THEREBY, WHETHER ARISING UNDER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.

NO REPRESENTATION OR WARRANTY IS MADE BY MBD ABOUT THE ACCURACY, RELIABILITY OR SUITABILITY OF THE INFORMATION, MATERIAL, SYSTEMS, SERVICES OR PRODUCTS CONTAINED OR DISCUSSED ON THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, MATERIAL, SYSTEMS, SERVICES AND PRODUCTS ARE PROVIDED ‘AS IS’ WITHOUT WARRANTY OF ANY KIND, AND ALL WARRANTIES , INCLUDING ALL IMPLIED WARRANTIES, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARE HEREBY EXPRESSLY DISCLAIMED. SOME STATES JURISDICTIONS DO NOT PERMIT EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

IN NO EVENT WILL MBD OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF USE OF THIS SITE OR A DELAY OR INABILITY TO USE THE SITE OR SITES TO WHICH THIS SITE LINKS, INCLUDING WITHOUT LIMITATION DAMAGES DUE TO LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR DAMAGE TO SYSTEMS, EVEN IF MBD OR ITS AFFILIATES HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES’ JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

ADDITIONAL DISCLAIMERS MAY APPEAR FROM TIME TO TIME WITHIN THE BODY OF THE SITE AND ARE INCORPORATED HEREIN BY REFERENCE.

LINKING POLICY:

This Site may from time to time contain links to other internet sites. These links are provided for your convenience only. MBD has not reviewed all of the information on these other web sites and is not responsible for the content, services, or products of or offered on other web sites that you may access through such links. Such links do not constitute endorsements by MBD of such web sites, their content or any products or services made available thereon, or any association with their operators. If you decide to access other web sites, you do so at your own risk. Linking to the MBD Site, and/or framing any portions of the MBD Site without MBD’s express written permission is prohibited.

DISPUTE RESOLUTION

This Terms of Use shall be governed by the laws of the State of California, without application of its conflicts of laws principles. Any and all disputes arising hereunder shall be submitted to the appropriate court in Mono County, California. In any action seeking relief in connection with this Site, you hereby consent to the exclusive jurisdiction of the state and federal courts located in Mono County, California.

The 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, charts, pictures, photographs, images, line art, icons, renditions and floor plans, are owned or licensed by MBD or its affiliates. These materials are protected by federal law against unauthorized copying and reproduction. Any use, reproduction or distribution of material from this Site (except as permitted herein) without written permission of MBD is expressly prohibited. You may download and make one copy of the content and other downloadable items displayed on this Site for personal, noncommercial review only, provided that you maintain all copyright and other notices contained in such content and make no other use thereof. All other use, and all copying and reproduction thereof, is strictly prohibited. Anyone who prints, downloads, copies or otherwise communicates information from this Site is responsible for communicating these Terms of Use to the person(s) to whom such information is communicated; and to ensure their compliance.