Terms of Use

Last updated on November 3, 2025

Banyan Groves LLC (“Banyan Groves”) develops and manages residential and mixed-use communities designed to promote connected living, sustainability, and a high quality of life. Through its websites, digital platforms, and related services, Banyan Groves provides information about its properties, community amenities, leasing opportunities, and related residential services (collectively, the “Services”). The following Terms of Use outline your obligations when using Banyan Groves’ websites, mobile applications, and Services.

Acceptance of Terms of Use

The Banyan Groves websites, mobile applications, all related sites and applications, and the various content, features, and services offered on or in connection with them (collectively, the “Sites and Services”) are owned and operated by Banyan Groves LLC and may be accessed and used only under these Terms of Use (“Terms of Use”).

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, DOWNLOADING, OR USING ANY OF THE SITES AND SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE, YOU MAY NOT ACCESS OR USE THE SITES AND SERVICES.

Modifications of Terms of Use

Banyan Groves may, in its sole discretion, modify these Terms of Use at any time, effective upon posting the modified Terms on the Sites and Services, with or without additional notice. You are responsible for regularly reviewing posted information to obtain timely notice of changes. If you do not agree to the amended terms, you must immediately stop using the Sites and Services. YOUR CONTINUED USE AFTER SUCH POSTING MEANS YOU ACCEPT THE MODIFIED TERMS.

Use of the Sites and Services

Subject to full compliance with these Terms of Use, Banyan Groves grants you a nonexclusive, nontransferable, non-sublicensable, terminable license to access and use the Sites and Services for your personal, informational use related to Banyan Groves’ communities and offerings.

You agree not to access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the Sites and Services or any of their content for any purpose except as expressly permitted in these Terms without the prior written consent of Banyan Groves.

Banyan Groves may modify, update, suspend, or discontinue any part of the Sites and Services at any time, with or without notice, and shall not be liable for doing so.

User Conduct

As a condition of access and use, you agree not to use the Sites and Services for any unlawful purpose or any purpose not reasonably intended by Banyan Groves.

By way of example, and not limitation, you agree not to:

• violate these Terms of Use, any other agreement with Banyan Groves, or any applicable law or regulation;
  
  
• infringe, misappropriate, or violate any third party’s rights, including intellectual property, privacy, or publicity rights;
  
  
• use the Sites and Services for commercial solicitation, advertising, or political campaigning without Banyan Groves’ prior written consent;
  
  
• interfere with or disrupt the Sites and Services (e.g., impose an unreasonable load, introduce viruses, bots, or harmful code, attempt to gain unauthorized access, or bypass security measures);
  
  
• impersonate any person or entity, misrepresent your affiliation, or submit false or misleading information;
  
  
• access, download, monitor, or copy any content through automated means (including robots, spiders, scrapers, or similar tools) other than through publicly available interfaces intentionally provided by Banyan Groves;
  
  
• use the Sites and Services if you are under the age of eighteen (18).
  
  

Third-Party Links and Partners

The Sites and Services may reference or link to third-party websites, services, vendors, property management partners, or affiliated businesses (collectively, “Third Parties”). Banyan Groves does not control or operate Third-Party websites or services and does not endorse or assume responsibility for any Third-Party content, products, services, policies, or practices.

Any information you provide to Third Parties is governed by their policies, not ours. You use Third-Party websites and services at your own risk.

Real Estate Information Disclaimer

All information on the Sites and Services—including, without limitation, pricing, availability, floor plans, renderings, images, dimensions, features, amenities, schedules, and specifications—is provided for informational and marketing purposes only and is subject to change without notice.

Renderings and images are artist’s conceptions and may depict optional features. Nothing on the Sites and Services constitutes a binding offer, warranty, or guarantee by Banyan Groves. Any sale, lease, or other transaction will be governed exclusively by the applicable written agreement(s) executed by the parties.

Intellectual Property; Trademarks and Copyrights

The Sites and Services and all content therein (including text, graphics, logos, icons, images, audio/video clips, downloads, data compilations, and software) are the property of Banyan Groves and/or its licensors and are protected by U.S. and international laws.

“Banyan Groves” and related marks are trademarks or trade dress of Banyan Groves in the U.S. and/or other countries. These marks may not be used without Banyan Groves’ prior written permission, including as part of domain names, keywords, or advertisements, or in any manner likely to cause confusion.

User Submissions and Feedback

By submitting questions, feedback, suggestions, or other content to Banyan Groves through the Sites and Services (collectively, “Submissions”), you grant Banyan Groves a worldwide, perpetual, irrevocable, royalty-free, transferable, and sublicensable license to use, reproduce, modify, distribute, display, and otherwise exploit such Submissions for any lawful purpose, without obligation to you.

Submissions are not confidential. Do not submit proprietary or sensitive information.

DMCA Notice

In accordance with the Digital Millennium Copyright Act (“DMCA”), Banyan Groves will respond to notices of alleged infringement that comply with the DMCA.

If you believe your work has been copied in a way that constitutes infringement, please send a written notice to our Designated Agent including:

1. A physical or electronic signature of a person authorized to act on behalf of the owner;
   
   
2. Identification of the copyrighted work claimed to have been infringed;
   
   
3. Identification of the material claimed to be infringing and information reasonably sufficient to permit us to locate the material;
   
   
4. Your contact information;
   
   
5. A statement of good-faith belief that use of the material is not authorized; and
   
   
6. A statement that the information is accurate and, under penalty of perjury, that you are authorized to act.
   
   

Designated Agent:
Banyan Groves LLC
110 Front Street, Suite 300
Jupiter, FL 33477
Attn: Designated Agent
Email: admin@banyangroves.com

Warranties and Disclaimers

YOU ACCESS AND USE THE SITES AND SERVICES AT YOUR OWN RISK. THE SITES AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

BANYAN GROVES DOES NOT WARRANT THAT THE SITES AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT INFORMATION IS ACCURATE, COMPLETE, OR RELIABLE.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BANYAN GROVES, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITES AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE EXTENT ANY LIABILITY IS FOUND, THE TOTAL LIABILITY OF BANYAN GROVES FOR ALL CLAIMS SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100).

Indemnity

You agree to indemnify, defend, and hold harmless Banyan Groves and its affiliates, and their respective directors, officers, employees, and agents, from and against any losses, liabilities, claims, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
(a) your use or misuse of the Sites and Services;
(b) your violation of these Terms; or
(c) your violation of any law or the rights of a third party.

California Users Notice

Under California Civil Code §1789.3, California users are entitled to the following consumer rights notice:

The Services are provided by Banyan Groves LLC, 110 Front Street, Suite 300, Jupiter, FL 33477.

If you have a question or complaint regarding the Services, please contact us by mail at the address above or by email at admin@banyangroves.com.

You may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 N. Market Blvd., Suite S-202, Sacramento, CA 95834, or (916) 445-1254 or (800) 952-5210.

Termination

Banyan Groves may, in its sole discretion, terminate or suspend your access to all or part of the Sites and Services at any time and for any reason, without notice or liability.

Upon termination, you must immediately cease all use. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Delays and Accessibility

The Sites and Services may be subject to limitations, delays, and other problems inherent in internet and electronic communications. Banyan Groves is not responsible for such limitations or failures.

Mutual Arbitration Agreement

Informal Negotiations: Before initiating arbitration or litigation, you and Banyan Groves agree to attempt to resolve any dispute, claim, or controversy arising out of or related to these Terms or the Sites and Services (“Dispute”) through good-faith informal negotiations upon written notice.

Arbitration: If a Dispute is not resolved through informal negotiations, it shall be resolved by final and binding arbitration before a single arbitrator under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where applicable, the AAA Consumer Rules. The Federal Arbitration Act governs this Arbitration Agreement. Each party will bear its own attorneys’ fees unless otherwise required by law. The arbitrator shall issue a written decision.

Excluded Disputes: This Arbitration Agreement does not apply to:
(1) claims to enforce or protect intellectual property rights;
(2) individual claims in small claims court;
(3) claims where an applicable statute expressly prohibits arbitration; and
(4) claims seeking injunctive relief.

Class Action Waiver: TO THE FULLEST EXTENT PERMITTED BY LAW, DISPUTES WILL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

Rules/Standards; Location: Any arbitration must be initiated within the applicable statute of limitations. The arbitrator may award any relief available in an individual action under applicable law. The arbitration shall take place in the city or county of your residence unless the parties agree otherwise.

Severability: If any part of this Arbitration Agreement is found unenforceable, that part shall be severed and the remainder enforced.

Governing Law

These Terms and any Dispute shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.

Notices

Banyan Groves may provide notices by posting to the Sites and Services, by email, or by mail to the address you provide.

All notices to Banyan Groves must be sent to:
Banyan Groves LLC
110 Front Street, Suite 300
Jupiter, FL 33477
Attn: Legal Department
Email: admin@banyangroves.com

Miscellaneous

These Terms (including the Privacy Policy and any other documents incorporated by reference) constitute the entire agreement between you and Banyan Groves regarding the Sites and Services and supersede any prior or contemporaneous agreements.

These Terms are not assignable by you; Banyan Groves may assign them without restriction. If any provision is found invalid or unenforceable, it shall be limited to the minimum extent necessary so the remainder remains in full force and effect.

No waiver shall be effective unless in writing. No agency, partnership, joint venture, or employment relationship is created by these Terms. Each Released Party (as applicable under these Terms) is an intended third-party beneficiary.