General Site Disclaimer

Escena Golf Club (which includes Escena Grill) is owned and operated by Escena RE Holdings LLC and Escena Golf PS LLC (collectively “Owner”), respectively, and managed by Sunrise Golf, Inc. (“Manager”). The use of the name Escena throughout this notice may refer to any of the aforementioned entities either individually or collectively. By accessing and using this website, you agree to the terms and conditions contained herein.

Escena Golf Club is owned, operated and managed wholly independently of other entities and individuals within the Escena Planned Development District (“PDD” or “community”) involved with the ownership, development, sales, marketing and management of any and all land and improvements within the PDD. Any references to the aforementioned activities on this website are for information and courtesy only. The information contained in this website is for general information purposes only and does not constitute an offer to sell real estate. This website, and all information, material and images are provided AS-IS, without warranty of any kind and is subject to change without notice. Not all of the images or amenities identified, referenced or described herein are or will be a part of the improvements and facilities of the Escena community.  Homebuilders, homeowners and homeowners associations within the Escena community have no affiliation, expressed or implied, with Escena Golf Club, Escena Grill, Golf Club Owner or Manager. Property ownership within the Escena community confers no specific rights or privileges to utilize the Escena Golf Club or restaurant beyond those otherwise made available to the general public by Golf Club Owner, or to dictate the operation, business hours or maintenance practices thereof.

The purchase of a home or any type of real property has inherent risks, financial and otherwise. Each prospective purchaser of a home in the Escena community should carefully review the Final Subdivision Public Report issued for such home by the California Department of Real Estate and consult with their own independent real estate, accounting and legal professionals and verify the accuracy of all information provided by homebuilders regarding the Escena community, including all sales documents and disclosures, Public Report information, homeowners association budget and assessment information and Escena community covenants, conditions, restrictions, before entering into a purchase agreement. Golf Course Owner and Manager bear no responsibility for any information provided by homebuilders including information regarding size, features, quality, safety or other aspects of homes sold within the Escena community or about the Escena Golf Club, Escena Grill, or the Escena community in general.

Trademarks, Service Marks and Copyrights

Escena®, Escena Palm Springs®, Escena Golf Club®, Escena Grill® and Escena Lounge & Grill® are registered trademarks of Escena RE Holdings LLC. This website and all materials and images contained herein are protected by copyright laws and may not be copied, modified, reproduced, posted, downloaded, transmitted, displayed, broadcast or distributed in any way, in whole or in part without the prior written consent of the owner. The Owner actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

This website may contain other company names, trademarks, service marks, or logos owned by Escena or a real estate developer, homebuilder or service provider within or for the Escena community or any of its components. The absence of a company or service name or logo from this notice does not constitute a waiver of a service mark or other intellectual property rights by any such developer, homebuilder or service provider, or by Owner and its related entities. Other product names and company names mentioned in this website may be marks of their respective owners. The unauthorized use of any name, trademark, service mark, logo, image or content displayed on this site is strictly prohibited.

Features

Features, amenities, floor plans, elevations, square footage and designs of homes in the Escena community vary per plan and homebuilder and are subject to changes or substitution without prior notice. Please see your actual home sales documents for additional information, disclosures, and disclaimers relating to the home and its features. Owner and Manager make no representations, expressed or implied, about the accuracy of any information regarding the PDD or real estate offerings within the community.

Human Models/Lifestyle Images

Models and lifestyle images do not reflect racial or ethnic preference. The Owner is pledged to the letter and spirit of U.S. laws for the achievement of equal housing opportunity.

Intellectual Property

Access and use of the website and all company links are subject to the terms and conditions set forth herein and to all applicable laws regulating the use of the Internet and those relating to the use of information. The use of this website is also subject to all applicable laws involving copyrighted materials and intellectual property. Escena reserves the right to revise the terms and conditions for access to its website from time to time in its sole discretion without prior notice.

Land & Improved Property Sales

Any consumer interested in purchasing land or improved property in the Escena community must make a personal visit to the home, and read and accept the “Master Declaration of Covenants, Conditions and Restrictions, and Reservation of Easements for Escena” (also “CC&Rs”  prior to purchase.

Disclaimer

The information, materials, images, software, products and services published on this website may include inaccurate or typographical errors, and are provided AS-IS, without representation or warranty of any kind, either express or implied. By using this website, you assume the risk that the information and materials may be incomplete, inaccurate, out-of-date, or may not meet your needs and requirements. New Valley may make improvements or changes to this website at any time without advance notice. OWNER AND MANAGER MAKE NO REPRESENTATION OR WARRANTY, AND EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED REGARDING THE COMPLETENESS, ACCURACY, ADEQUACY, SUITABILITY, APPLICABILITY, FUNCTIONALITY, RELIABILITY, AVAILABILITY OR OPERATION OF THIS WEBSITE OR THE INFORMATION OR MATERIALS CONTAINED HEREIN. IN NO EVENT SHALL OWNER AND/OR MANAGER BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF OWNER AND/OR MANAGER HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

You agree to indemnify, defend and hold harmless Owner, Manager and their affiliates and their respective members, partners and other principals and their respective directors, officers, employees, and agents from and against all claims, losses, damages, costs and expenses, including attorneys’ fees, resulting from any violation by you of these terms and conditions.

Links to Other Sites

This website may contain links to, or be accessible from links on, other websites. Escena is not responsible for the content of any off-site pages or any other sites linked to this website. Linking to this website is not permitted without Escena’s prior written consent, and any use of websites linked with this website, off-site pages or other sites is at your own risk.

Renderings

Site plans, floor plans and elevations are artist’s renderings and may contain amenities, features or options which may not be provided as standard features by homebuilders. Master Developer and homebuilders within the Escena community reserve the right to make changes to these floor plans, specifications, dimensions and elevations without prior notice. Stated dimensions and square footage are approximate and should not be used as representation of a home’s precise or actual size. Any statement, verbal or written, regarding “under air” or “finished area” or any other description or modifier of the square footage size of any home is a shorthand description of the manner in which the square footage was estimated and should not be construed to indicate certainty. Master Developer is not the developer or seller of homes in the Escena community and shall have no liability or responsibility for any construction, sales or other activities of homebuilders.

Illustration Disclaimer

Site plans, maps, plans, drawings, aerial photos, videos, vignettes, photos, illustrations and/or computer generated or enhanced depictions (collectively “Illustrations”) may be posted on this site for illustration purposes only. All Illustrations are conceptual in nature and are merely an artist’s rendition, and may not accurately represent the actual condition of the item being represented. All photos/videos are intended only to show the condition as of the date taken. All Illustrations are solely for illustrative purposes and should never be relied upon. Homebuilders are not obligated to deliver a home exactly as presented in the Illustrations. None of the appurtenances and furnishings shown in any model, video or vignette is included in the purchase of a home, unless the applicable homebuilder agrees in writing to deliver the same as part of the sale of such home. The usable or buildable area, location and configuration of any home or lot and all improvements located thereon may fluctuate from that shown or displayed in any Illustration. The location, size, height and composition of all walls, ceilings, fences and other improvements to be constructed on a lot or adjacent thereto shall be determined by homebuilder in its sole and absolute discretion. Notwithstanding the Illustrations, no representations, warranties or assurances are made regarding the size, height, location or composition of any wall, ceiling, fence or other improvement to be constructed on or adjacent to a lot. Homebuilders reserve the right, in their sole discretion to substitute the type and location of materials, appliances and other items in any home and on any lot of substantially equal quality and utility to complete the home without notice to the purchaser. Such substitutions may include kitchen appliances, household fixtures, electrical outlets and switches, hardware, wall surfaces, painting and other similar items.

Other

The use of this website shall be governed in all respects by the laws of the State of California, without regard to its choice of law provisions. If any provision of these terms and conditions is held to be unlawful, void, or unenforceable, then that provision shall be eliminated or limited to the minimum extent necessary and such elimination or limitation shall not affect the validity and enforceability of the remaining provisions. Escena makes no representation that this website is appropriate or available for use outside the United States, and access to the website from territories where its content is illegal is prohibited. If you choose to access this website from outside the United States, you do so on your own initiative and at your own risk, and you are responsible for compliance with applicable local laws.