Banyan Group Website Terms of Use and Service
1. Acceptance of Terms
Welcome to the website of Banyan Group (“Banyan Group,” “we,” “us,” or “our”) located at www.banyangroupre.com(the “Site”). By accessing or using the Site, you agree to be bound by these Terms of Use and Service (“Terms”) and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Site.
2. Description of Services
The Site provides information about Banyan Group’s real estate development activities. These services may include, but are not limited to:
Information about our projects (residential, commercial, and mixed-use developments)
Details regarding our services (e.g., property development, urban planning, historic preservation)
Company information, news, and publications
Contact information and inquiry forms
Marketing materials and other related content
Potential investor relations information
Any interactive features that may be available on the Site.
3. User Conduct
a. Lawful Use: You agree to use the Site only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Site by any third party.
b. Prohibited Conduct: You agree not to:
* Use the Site in any way that violates any applicable federal, state, local, or international law or regulation.
* Transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
* Impersonate or attempt to impersonate Banyan Group, a Banyan Group employee, another user, or any other person or entity.
* Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm Banyan Group or users of the Site or expose them to liability.
* Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
* Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
* Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
* Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
* Use the site for any unauthorized commercial purpose.
c. Account Responsibility (If Applicable): If any portion of the Site requires you to create an account, you are responsible for maintaining the confidentiality of your account information, including your username and password, and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized access to or use of your account.
4. Intellectual Property
a. Ownership: The Site 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 Banyan Group, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
b. Limited License: Subject to your compliance with these Terms, Banyan Group grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal, non-commercial use.
c. Restrictions: You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:
* Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
* You may store files that are automatically cached by your Web browser for display enhancement purposes.
* You may print or download one copy of a reasonable number of pages of this Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
d. Trademarks: The Banyan Group name, the Banyan Group logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Banyan Group or its affiliates or licensors. You must not use such marks without the prior written permission of Banyan Group.
5. Disclaimer of Warranties
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BANYAN GROUP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BANYAN GROUP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BANYAN GROUP DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
6. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BANYAN GROUP, NOR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE; (III) ANY CONTENT OBTAINED FROM THE SITE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT BANYAN GROUP HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
7. Indemnification
You agree to indemnify, defend, and hold harmless Banyan Group, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, your User Contributions, any use of the Site’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Site.
8. Third-Party Links
The Site may contain links to third-party websites or resources. You acknowledge and agree that Banyan Group is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Banyan Group of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
9. Governing Law
These Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of [Insert State – e.g., Florida], without regard to its conflict of laws principles.
10. Dispute Resolution
Any dispute arising out of or relating to these Terms or the Site shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in [Insert City, State – e.g., Miami, Florida]. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. You agree that any legal action or proceeding relating to these Terms or the Site shall be brought exclusively in the state or federal courts located in [Insert County, State – e.g., Miami-Dade County, Florida], and you consent to the personal jurisdiction of such courts.
11. Changes to These Terms of Use and Service
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least [Insert Number – e.g., 30] days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Site after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Site.
12. Termination
We may terminate or suspend your access to all or part of the Site for any reason, including without limitation, breach of these Terms.
13. Waiver and Severability
No waiver by Banyan Group of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Banyan Group to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal 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 will continue in full force and effect.
14. Entire Agreement
These Terms and our Privacy Policy constitute the sole and entire agreement between you and Banyan Group with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Site.
15. Contact Information
If you have any questions about these Terms of Use and Service, please contact us at: [email protected]
