TERMS OF SERVICE

Effective Date: January 10, 2025

Last Reviewed on: January 10, 2025

YOUR USE OF THIS WEBSITE (the “Site”) CONSTITUTES ACCEPTANCE OF THE TERMS AND CONDITIONS PROVIDED BELOW. These Website Terms of Use (“Terms of Use”) describe the terms pursuant to which Panorama Buckhead Property, LLC, a Delaware limited liability company (referred to in these Terms of Use as the “Company,” the “Developer,” “we,” “us” and “our”) provides the website located at www.panoramabuckhead.com (the “Site”) related to the Panorama Buckhead property (the “Property”). We prepared these Terms of Use to help explain the terms that apply to your use of the Site. We may modify the Terms of Use as well as discontinue, withdraw, replace or change any content or services offered via the Site at any time, and your continued access and use of the Site thereafter constitutes your acceptance of such changes. You may view the most up-to-date version of the Terms of Use at any time at www.panoramabuckhead.com/privacy. These Terms of Use incorporate our Privacy Policy which explains and provides information regarding our collection, processing and use of personal information and your rights with respect thereto.

If you do not agree to these Terms of Use, please do not use this Site.

Notices and Disclaimers

NOTHING CONTAINED IN THIS WEBSITE IS INTENDED OR SHALL BE DEEMED TO BE AN OFFER TO SELL REAL ESTATE OR REAL ESTATE SECURITIES TO RESIDENTS OF THE STATE OF NEW YORK. IN FURTHERANCE OF THE FOREGOING, Panorama Buckhead PROPERTY, LLC, A DELAWARE LIABILITY COMPANY (“SPONSOR”), HEREBY DISCLOSES THE FOLLOWING: (A) NEITHER SPONSOR, NOR ITS PRINCIPAL(S) TAKING PART IN THE PUBLIC OFFERING OR SALE ARE INCORPORATED IN, LOCATED IN, OR RESIDENT IN THE STATE OF NEW YORK, (B) THE OFFERING IS NEITHER MADE IN THE STATE OF NEW YORK NOR MADE TO THE RESIDENTS OF THE STATE OF NEW YORK, (C) THE OFFERING IS NOT DIRECTED TO ANY PERSON OR ENTITY IN THE STATE OF NEW YORK BY, OR ON BEHALF OF, SPONSOR OR ANYONE ACTING WITH SPONSOR’S KNOWLEDGE; AND (D) NO OFFERING OR PURCHASE OR SALE OF THE SECURITY OR ANY UNIT SHALL TAKE PLACE AS A RESULT OF THIS OFFERING IN NEW YORK OR WITH A RESIDENT OF THE STATE OF NEW YORK, UNTIL ALL REGISTRATION AND FILING REQUIREMENTS UNDER THE MARTIN ACT AND THE NEW YORK ATTORNEY GENERAL’S REGULATIONS ARE COMPLIED WITH; A WRITTEN EXEMPTION IS OBTAINED PURSUANT TO AN APPLICATION IS GRANTED PURSUANT TO AND IN ACCORDANCE WITH COOPERATIVE POLICY STATEMENTS #1, #7 or #12; OR A “NO-ACTION” REQUEST IS GRANTED.

ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY STATING REPRESENTATIONS OF THE SELLER. FOR CORRECT REPRESENTATIONS, REFERENCE SHOULD BE MADE TO THIS BROCHURE AND TO THE DOCUMENTS REQUIRED BY CODE SECTION 44-3-111 OF THE “GEORGIA CONDOMINIUM ACT” TO BE FURNISHED BY THE SELLER TO A BUYER.

THE INFORMATION CONTAINED HEREIN IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE AN OFFERING OF CONDOMINIUM UNITS FOR SALE OR A SOLICITATION OF OFFERS TO PURCHASE UNITS. ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY STATING REPRESENTATIONS OF THE DEVELOPER. WHILE WE SEEK TO INCLUDE CURRENT AND ACCURATE INFORMATION, THE INFORMATION AND MATERIALS DESCRIBED HEREIN SHOULD NOT BE RELIED UPON BY ANY PERSON OR ENTITY FOR ANY REASON OTHER THAN TO GAIN INTEREST IN OBTAINING ADDITIONAL INFORMATION REGARDING THE PROPERTY AND/OR CONDOMINIUM UNITS. YOUR ELIGIBILITY TO PURCHASE WILL DEPEND ON YOUR STATE OF RESIDENCY. SUCH AN OFFERING SHALL ONLY BE MADE PURSUANT TO THE OFFERING DOCUMENTS FOR THE CONDOMINIUM AND NO STATEMENTS SHOULD BE RELIED UPON UNLESS MADE IN THE OFFERING DOCUMENTS OR IN THE APPLICABLE PURCHASE AGREEMENT. IN NO EVENT SHALL ANY SOLICITATION, OFFER OR SALE OF A UNIT IN THE CONDOMINIUM BE MADE IN, OR TO RESIDENTS OF, ANY STATE OR COUNTRY IN WHICH SUCH ACTIVITY WOULD BE UNLAWFUL.

ALL SKETCHES, RENDERINGS, PHOTOGRAPHS, GRAPHIC MATERIALS, PLANS, SPECIFICATIONS, TERMS, PRICES, CONDITIONS AND STATEMENTS, INCLUDING ESTIMATED TIMEFRAMES AND DATES, CONTAINED HEREIN ARE PROPOSED ONLY, AND THE DEVELOPER RESERVES THE RIGHT TO MODIFY, REVISE OR WITHDRAW ANY OR ALL OF SAME IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE. THE PHOTOGRAPHS CONTAINED HEREIN ARE USED TO DEPICT THE SPIRIT OF THE LIFESTYLES TO BE ACHIEVED RATHER THAN ANY THAT MAY EXIST OR THAT MAY BE PROPOSED AND ARE MERELY INTENDED AS ILLUSTRATIONS OF THE ACTIVITIES AND CONCEPTS DEPICTED THEREIN.

ANY CURRENT PLANS ARE SUBJECT TO CHANGE WITHOUT NOTICE. USE OF CERTAIN AMENITIES MAY BE SUBJECT TO MEMBERSHIP, FEES AND/OR OTHER REQUIREMENTS. MAPS, FLOOR PLANS, MODELS AND OTHER IMPROVEMENTS REPRESENTED ARE NOT TO SCALE OR SHOWN IN THEIR FINAL AS-BUILT LOCATIONS AND ORIENTATIONS. INTERIOR PHOTOS DEPICT MODEL UNITS WITH DESIGNER ELEMENTS, OPTIONS AND UPGRADES THAT MAY OR MAY NOT BE AVAILABLE FOR PURCHASE BY A PROSPECTIVE BUYER, AND MAY OR MAY NOT BE REPRESENTATIVE OF THE STANDARD FEATURES OF UNITS AS PRESENTLY PLANNED. ALL FIXTURES, FURNITURE, ART AND ITEMS OF FINISH AND DECORATION OF THE UNITS ARE FOR ILLUSTRATIVE PURPOSES ONLY AND WILL NOT BE INCLUDED IN THE UNIT UNLESS OTHERWISE PROVIDED BY THE DEVELOPER IN THE PURCHASE AND SALE DOCUMENTS.

DEVELOPER MAKES NO REPRESENTATIONS REGARDING ANY VIEW AND/OR EXPOSURE TO LIGHT AT ANY TIME INCLUDING ANY EXISTING OR FUTURE CONSTRUCTION BY EITHER DEVELOPER OR A THIRD PARTY. VIEWS SHOWN CANNOT BE RELIED UPON AS THE ACTUAL VIEW FROM ANY PARTICULAR UNIT WITHIN THE PROPERTY. THE DEVELOPER OF THE PROPERTY HEREBY GIVES NOTICE TO PROSPECTIVE BUYERS THAT THE DEVELOPER IN NO MANNER GUARANTEES THE CONTINUING EXISTENCE OF ANY VIEW FROM A PARTICULAR UNIT IN THE PROPERTY AND THAT THE DEVELOPER MAKES NO COMMITMENT OR REPRESENTATION CONCERNING THE DEVELOPMENT OF ANY PROPERTY IN PROXIMITY TO, OR VISIBLE FROM, A UNIT OR THE PROPERTY.

ANY SQUARE FOOTAGE AND CEILING HEIGHT MEASUREMENTS ARE APPROXIMATE ONLY, AND MAY BE BASED ON VARIOUS MEASUREMENT METHODOLOGIES, SUBJECT TO CONSTRUCTION VARIANCES AND TOLERANCES, AS WELL AS REDESIGN. ACTUAL SQUARE FOOTAGES AND CEILING HEIGHTS MAY VARY. NET USABLE SQUARE FOOTAGE IS LESS THAN ANY GROSS SQUARE FOOTAGE INDICATED. DEVELOPER RESERVES THE RIGHT TO MAKE MODIFICATIONS AND CHANGES IN DESIGN OF THE BUILDING, CONDOMINIUM UNITS, PRODUCTS, FINISHES, PLANS, MATERIALS, SPECIFICATIONS AND FEATURES WITHOUT NOTICE OR OBLIGATION, IN ITS SOLE DISCRETION, IN ACCORDANCE WITH THE TERMS OF THE UNIT PURCHASE AGREEMENT, THE CONDOMINIUM DOCUMENTS AND APPLICABLE LAWS AND REGULATIONS. NEITHER THE INFORMATION AND MATERIALS DESCRIBED HEREIN, NOR ANY COMMUNICATION MADE OR GIVEN IN CONNECTION WITH ANY OF THE FOREGOING, MAY BE DEEMED TO CONSTITUTE A WARRANTY.

WE ARE PLEDGED TO THE LETTER AND SPIRIT OF U.S. POLICY FOR THE ACHIEVEMENT OF EQUAL HOUSING THROUGHOUT THE NATION. WE ENCOURAGE AND SUPPORT AN AFFIRMATIVE ADVERTISING, MARKETING AND SALES PROGRAM IN WHICH THERE ARE NO BARRIERS TO OBTAINING HOUSING BECAUSE OF RACE, COLOR, SEX, RELIGION, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN.

WHERE USED, “DEVELOPER” SHALL MEAN Panorama Buckhead PROPERTY, LLC. THE PROPERTY IS OWNED BY Panorama Buckhead , LLC, A SINGLE PURPOSE ENTITY, WHICH IS SOLELY RESPONSIBLE FOR ITS OBLIGATIONS AND LIABILITIES.

NOTICE REGARDING DISPUTE RESOLUTION

THESE TERMS OF USE CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS RELATED TO THE SITE YOU AND WE MAY HAVE AGAINST EACH OTHER ARE RESOLVED (SEE SECTION 7 BELOW), INCLUDING AN AGREEMENT AND OBLIGATION TO ARBITRATE DISPUTES, WHICH WILL, SUBJECT TO LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING ARBITRATION, UNLESS YOU OPT-OUT IN ACCORDANCE WITH SECTION 7(E). UNLESS YOU OPT-OUT OF ARBITRATION: (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND (B) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

THE INFORMATION AND MATERIALS CONTAINED IN THE SITE ABOUT THE PROPERTY, AND ALL PHOTOS, RENDERINGS, PLANS, PRICES, IMPROVEMENTS, AMENITIES, DIMENSIONS, SPECIFICATIONS, MATERIALS AND AVAILABILITY DEPICTED IN THE SITE ARE SUBJECT TO CHANGE OR CANCELLATION WITHOUT NOTICE OR OBLIGATION. SCENES MAY INCLUDE ARTIST'S RENDERINGS, AND MAY BE OF LOCATIONS OR ACTIVITIES NOT ON THE PROPERTY.

IN ORDER FOR A BROKER OR AN AGENT’S BROKERAGE FIRM TO BE ENTITLED TO A COOPERATING BROKER COMMISSION FOR REFERRING A PURCHASER TO THE PROPERTY, THE BROKER OR AGENT, AND THE PROSPECTIVE PURCHASER REPRESENTED BY THE BROKER OR AGENT, MUST EXECUTE A BROKER CO-OP FORM IN ADDITION TO COMPLETING A REGISTRATION. A REGISTRATION AND THE BROKER CO-OP FORM MUST BE COMPLETED AND RETURNED TO A SALES REPRESENTATIVE ON OR BEFORE THE PROSPECTIVE PURCHASER’S FIRST VISIT TO THE PROPERTY, OTHERWISE THE BROKER OR AGENT’S BROKERAGE FIRM WILL NOT BE ENTITLED TO RECEIVE A COMMISSION AS A COOPERATING BROKER FOR REFERRING THE PROSPECTIVE PURCHASER LISTED ON THE REGISTRATION. UNLESS OTHERWISE EXPRESSLY PROVIDED BY THE DEVELOPER, NO REAL ESTATE BROKER IS AUTHORIZED TO MAKE ANY REPRESENTATIONS OR OTHER STATEMENTS REGARDING THE PROPERTY, AND NO AGREEMENTS WITH, DEPOSITS PAID TO OR OTHER ARRANGEMENTS MADE WITH ANY REAL ESTATE BROKER ARE OR SHALL BE BINDING ON THE DEVELOPER.

THE SITE MAY CONTAIN INFORMATION AND PRESS RELEASES ABOUT AND BY THE COMPANY OR ITS AFFILIATES. ALTHOUGH THIS INFORMATION WAS BELIEVED TO BE ACCURATE AS OF THE DATE PREPARED BY THE COMPANY OR ITS AFFILIATES, AS APPLICABLE, THE COMPANY AND ITS AFFILIATES DISCLAIM ANY DUTY OR OBLIGATION TO UPDATE THIS INFORMATION. TO THE EXTENT THAT ANY INFORMATION IS DEEMED TO BE A “FORWARD LOOKING STATEMENT” AS DEFINED IN THE PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995, THIS INFORMATION IS INTENDED TO FIT WITHIN THE “SAFE HARBOR” PROVIDED THEREIN. FORWARD LOOKING STATEMENTS ARE NOT GUARANTEES OF PERFORMANCE. YOU ARE CAUTIONED NOT TO PLACE UNDUE RELIANCE ON FORWARD LOOKING STATEMENTS, WHICH SPEAK ONLY AS OF THE DATE MADE. THE SITE IS NOT INTENDED TO MAKE ANY INVESTMENT REPRESENTATIONS ABOUT THE COMPANY OR ITS AFFILIATES AND SHOULD NOT BE VIEWED AS SUCH.

The Property graphics, renderings and text and other content provided on the Site are copyrighted works owned by or licensed to the Company or their respective affiliates or licensors. © 2024 Panorama Buckhead Property, LLC or © 2024 Crescent Heights IP, LLC, or their respective affiliates or licensors. All rights reserved. Unauthorized reproduction, display or other dissemination of such materials is strictly prohibited and constitutes copyright infringement. Please refer to the Company’s official Property brochures and materials and the documents furnished by the Company pursuant to state law for information regarding the Property.

CRESCENT HEIGHTS® is a registered trademark owned by Crescent Heights IP, LLC and used by a group of companies. This Site may contain or reference trademarks, copyrighted materials or other intellectual property of the Company and/or third parties. No license to or right in any such trademarks, copyrighted materials or other intellectual property of the Company and/or third parties is granted to or conferred upon you. Nothing contained on this Site or in these Terms of Use serves to grant to you, by implication or otherwise, any license or right to use any trademarks or content displayed on this Site without the prior written permission of the Company or its third party licensors, or such other third parties that may own the displayed trademarks or content. All rights not expressly granted herein are reserved. No interest or right to use the Property name or trademarks is acquired by purchasing any unit or interest in the Property.

The Property materials and content provided via the Site are provided by the Company as a service to its customers and may be used for informational purposes only. This Site is meant to be used as an overview of the Property and in no way whatsoever should the information contained in this Site be relied on for financial, tax, accounting, investment, business or legal advice.

All prices are subject to change at any time and without notice, and do not include optional features or premiums for upgraded units. From time to time, price changes may have occurred that are not yet reflected on this Site. Please check with the official Property sales center for most current pricing.

Because wood is a natural product, every piece has a unique color and appearance, and every wood product will have its own distinctive visual character. Photographs, samples and website images can offer an impression of the product, but they may not be representative of the full range of color, knots, texture and grain variations which can exist in the product itself as installed. Wood is subject to weathering and fading and as such the coloration may vary over time. Additionally, wood products will acclimate to the temperature and humidity and seasonal expansion and contraction of wood products is to be expected, as wood is a product of nature and will expand and contract with changes in humidity and temperature. Gaps often appear between boards during colder periods and tighten in warmer temperatures. Minimizing heat and humidity fluctuations is required to preserve the condition of the wood. Even under ideal conditions, wood is subject to warping, bowing and cupping.

With respect to any and all communications sent or otherwise made to the Company, including, without limitation, feedback, questions, comments and suggestions (“Communications”), unless otherwise required by applicable law: (a) no right of confidentiality shall apply to Communications and neither the Company nor any of its affiliates shall have any obligation to protect Communications from disclosure; (b) the Company and its affiliates shall be free to reproduce, use, disclose and distribute Communications to others; and (c) the Company and its affiliates shall be free to use any ideas, concepts, know-how or techniques contained in Communications for any purpose whatsoever, including, without limitation, the development, production and marketing of products and services that incorporate such information, without any obligation to provide compensation of any kind or any other obligation. Please use e-mail to send us only non-confidential messages. Do not include confidential personal or private information. For your protection, our responses will not include any confidential information. Please do not use e-mail to send us transaction instructions. Customers who choose to send e-mail messages to the Company or its affiliates that contain confidential, private or personal information do so entirely at their own risk.

Additional Terms

1. Updates to these Terms of Use. We may modify these Terms of Use from time to time. If you do not agree with the proposed changes, you should discontinue your use of the Site. If you continue using the Site after the new terms take effect, you will be bound by the modified Terms of Use.

2. Privacy Policy. In connection with your use of the Site, please review our Privacy Policy, located at www.panoramabuckhead.com/privacy, to understand how we use information we collect from you when you access, visit or use the Site and for information about how we handle your personal information, such as what information we collect and use, the sources of the personal information we have about you, how we share your personal information, how we protect your personal information, and the rights you may have for the personal information we hold about you. We may ask for and collect your personal information to provide information about the Property. If you have any questions about our Privacy Policy, you may contact us via email at [email protected] and we will respond promptly. If we make any changes to the Privacy Policy, we’ll update the notice on the Site and the date it was last updated. The Privacy Policy is part of and is governed by these Terms of Use and by agreeing to these Terms of Use, you agree to the terms of the Privacy Policy and agree that we may use information collected from you in accordance with its terms.

3. Your Use of the Site. You may use the Site only if you are above the legal age of majority (which is age 18 in most states, including the States of Illinois and Florida) and are otherwise capable of entering into a legally binding agreement with us. Your use of the Site must be in compliance with these Terms and all applicable laws.

The Site offers information regarding the Property and includes a page to submit your contact information. We may remove, modify or otherwise discontinue providing any content on the Site at any time with or without cause and with or without notice, without any liability. Information obtained via the Site is for your personal use only and may not be further reproduced, published, transmitted or disseminated without our prior written consent.

As a condition of your use of the Site, you represent, warrant and covenant to us that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. By way of example, and not as a limitation, you agree that when using the Site and when submitting any information or content to the Site, you will not:

  • Impersonate any other person or entity, provide false or misleading identification information, or invade the privacy, or violate the personal or proprietary rights, of any person or entity.
  • Use the Site for any unauthorized or illegal purpose (including soliciting others to perform illegal acts).
  • Link to the Site or reproduce renderings or other content on the Site without our express written consent.
  • Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site, including without limitation, hacking into the Site.
  • "Frame" or "mirror" any part of the Site.
  • Engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Site, including from any user of the Site, or use any means to scrape or crawl any part of the Site.
  • Remove any copyright, trademark, or other proprietary rights notices contained on the Site.
  • Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from or sublicense the Site, or any portion thereof.
  • Use any device, software, program, or routine or transmit any virus, other computer instruction, or technological means intended to, or that may, disrupt, damage, or interfere with the use of the Site, any other person's use of the Site, or any related systems.
  • Circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Site content or enforce limitations on use of the Site or Site content.
  • Submit any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Send viruses, corrupted files, or any other similar software or programs that may damage the operation of the Site or third-party systems.
  • Send messages that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary authorizations.
  • Violate any applicable laws or regulations.

We shall have no obligation to monitor the usage of the Site. However, we reserve the right to review any communications or submissions directed to the Site and to remove any of same in our sole discretion. We reserve the right to terminate your access to the Site at any time without notice for any reason whatsoever. We further reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit or remove any information or materials, in whole or in part, in our sole discretion.

Materials presented on the Site are subject to limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations. You may not use the Site or its content to send unsolicited e-mail or create a website or website page for your own marketing of the Property. The forwarding or propagation of chain letters of any type (including charity requests or petitions for signatures) is prohibited. “Mailbombing” (i.e., flooding the site with large or numerous e-mail messages) is prohibited. You may not tamper with the Site, commit unauthorized intrusion into any part of Site or use the Site to intrude into any other site. Acts of interference, including but not limited to, password cracking, denial-of-service attacks (sending packets with an illegal packet size, UDP flooding, ping-flooding, half-open TCP connection flooding, etc.) are prohibited. You acknowledge and agree that the Site may be inaccessible or inoperable from time to time due to maintenance, upgrades, hardware or software malfunctions or failures, Internet or other telecommunications issues, system or network congestion, third party attacks or other issues and we shall have no liability with respect thereto. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use.

4. Our Intellectual Property Rights. The content on the Site (“Materials”) and the trademarks, service marks, and logos contained on the Site, are owned by or licensed to us and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Site and the Materials are for your information and personal use only and not for commercial exploitation. We reserve all rights in and to the Site and the Materials. If you download or print a copy of the Materials for your own personal use, you must retain all trademark, copyright and other proprietary notices contained in and on the Materials and shall not reproduce the Materials, whether in print or electronic form. You further agree not to access the Site by any means other than through the interface that we provide, unless otherwise specifically authorized by us in a separate written agreement. Nothing contained on the Site or in these Terms of Use serves to grant to you, by implication or otherwise, any license or right to use any such trademarks or intellectual property rights without obtaining our prior written permission.

5. Our Management of the Site; User Misconduct

A. Our Right to Manage the Site. We reserve the right to: (i) monitor or review the Site for violations of these Terms of Use and for compliance with our policies; (ii) report to law enforcement authorities and/or take legal action against anyone who violates these Terms of Use; and (iii) manage the Site in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Site.

B. Our Right to Terminate Users. Without limiting any other provision of these Terms of Use, we reserve the right to, in our sole discretion, and without notice or liability, deny access to and use of the Site to any person for any reason or for no reason at all, including without limitation for breach of any representation, warranty or covenant contained in these Terms of Use, or of any applicable law or regulation.

6. Third Party Sites. These Terms of Use govern the use of Site content. The Site may contain links to other third-party websites ("Linked Sites") or frames of other third-party website screens (“Framed Sites”) which may offer third-party products and services. The Linked Sites and Framed Sites and the products and services offered or provided at such sites are subject to their own separate terms and conditions of use and are not under our control. We are not responsible for their contents, including without limitation, any link contained in a Linked Site or Framed Site, or any changes or updates to a Linked Site or Framed Site or any such products and services. We are not responsible for webcasting or any other form of transmission received from any Linked Site or Framed Site, or with respect to any information you provide to any such Linked Site or Framed Site. We are not responsible for such third-party sites or their products, services or content. We cannot guarantee that such third-party content, whether accessed via the Site or elsewhere, will be free of malware or other malicious code that may harm your computer, mobile device, or any files therein. Any such links or frames are provided only as a convenience, and the inclusion of any link does not imply endorsement by us of the Linked Site or Framed Site or any association with or its operators. We disclaim any responsibility or liability related to your access or use of, or inability to access and use, such third-party sites or their products, services or content.

7. Legal Disputes and Arbitration Agreement

Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court

A. Initial Dispute Resolution. We are available by email at [email protected] to address any concerns you may have regarding your use of the Site. Most concerns may be quickly resolved in this manner. Each of you and the Company agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration.

B. Agreement to Binding Arbitration. If we do not reach an agreed upon solution within thirty (30) days from the time informal dispute resolution is pursued pursuant to Section 7(A), then either party may initiate binding arbitration. Except as expressly provided otherwise herein, all claims arising out of or relating to these Terms of Use (including their formation, performance, and breach) and/or your use of the Site shall be finally settled by binding arbitration in Miami, Florida, administered confidentially by the American Arbitration Association (the “AAA”) using a single arbitrator (or a panel of three, if mutually necessary). The arbitration shall follow the AAA’s Consumer Arbitration Rules, excluding class action rules. The arbitrator(s) shall have exclusive authority to resolve all disputes, and may grant all relief available under law or equity. The award shall be binding and enforceable in court. The AAA rules may be found at www.adr.org or via phone at 1.800.778.7879. You understand this replaces your right to sue or have a jury trial. Arbitration costs may exceed litigation, and discovery rights may be limited. All arbitration matters shall remain confidential.

C. Class Action and Class Arbitration Waiver. You agree that arbitration shall only occur in your individual capacity and not as a class or representative action. You expressly waive the right to participate in a class action. If a court or arbitrator finds this waiver unenforceable, then Section 7(B) above shall be deemed null and void, and the parties will not be deemed to have agreed to arbitrate.

D. Exception – Claims by Us Seeking Injunctive or Other Equitable Relief. Notwithstanding the arbitration agreement, we may seek injunctive relief, specific performance, or other equitable relief in state or federal courts located in Miami, Florida, as provided in Section 7(F).

E. 30 Day Right to Opt Out. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth in Sections 7(B), 7(C), and 7(D) by sending written notice of your decision to:
Panorama Buckhead Property, LLC
2200 Biscayne Blvd., Miami, FL 33137
or by email to [email protected].
The notice must be sent within thirty (30) days of commencing use of the Site, otherwise you will be bound by those terms. If you opt out, we will also not be bound by them.

F. Exclusive Venue for Litigation. If arbitration under Section 7(B) does not apply, the parties agree that any litigation must be filed exclusively in the state or federal courts located in Miami, Florida. You expressly consent to this exclusive jurisdiction.

G. Applicable Law. These Terms of Use, and any claim or dispute between you and the Company, will be governed by U.S. federal laws and the laws of the State of Florida, without regard to conflict of laws principles.

8. Warranty Disclaimers; Limitation on Liability

A. General Disclaimer of Warranties Relating to the Site

(i) This site uses cookies and may use third-party services that also deploy cookies. By using the Site, you consent to the use of cookies on your device. Use of the Site is at your own risk. Content may include inaccuracies or typographical errors. We may update the Site at any time.

We reserve the right to suspend or terminate your access to the Site at any time, for any reason, and in any manner, without prior notice. We are not liable for any consequences of such termination. All content and materials on the Site are provided "as is" and "as available" without warranties of any kind. Our operation of the Site does not imply endorsement of any third-party content linked to from the Site, nor do we guarantee the accuracy or safety of such content. No advice or information obtained from us, whether oral or written, shall create any warranty unless expressly stated in these Terms of Use. You agree that your use of the Site is at your sole risk.
To the fullest extent permitted by law, we and our affiliates, officers, employees, agents, licensors, suppliers, and service providers disclaim all warranties, express or implied, in connection with the Site and your use thereof.

(ii) No warranties or representations are made regarding the accuracy, reliability, timeliness, or completeness of the Site’s content, the content of any service linked to the Site, or any other materials or information available through the Site or its links. Neither we nor our affiliates or licensors assume liability for:
(A) errors, inaccuracies, or omissions;
(B) personal injury or property damage resulting from your use of the Site;
(C) unauthorized access to or use of our secure servers or personal information stored therein;
(D) interruptions or termination of transmission to/from the Site;
(E) bugs, viruses, trojans, or other harmful content transmitted through the Site by third parties;
(F) any loss or damage resulting from use of content on the Site.

B. Limited Liability. To the fullest extent permitted by law, the Company, its affiliates, licensors, and related officers, directors, managers, employees, contractors, and agents shall not be liable for any direct, indirect, punitive, incidental, special, or consequential damages—including but not limited to loss of use, data, or profits— arising from use or performance of the Site or any products/services, whether based on contract, tort, negligence, strict liability or otherwise, even if advised of the possibility of such damages. In jurisdictions that do not allow exclusions or limitations of liability for consequential or incidental damages, this limitation may not apply to you.
If dissatisfied with any part of the Site or its terms, your sole remedy is to discontinue using it.
Any claim related to the Site must be brought within one (1) year after it arises, or it is permanently barred.

C. Exceptions. Some jurisdictions do not allow certain warranty disclaimers or damage limitations. If you reside in one of these jurisdictions, parts of Sections 8(A) or 8(B) may not apply to you.

9. Indemnification. You agree to indemnify, defend, and hold harmless the Company, its affiliates, licensors, and related individuals from any claims, losses, liabilities, costs, or expenses (including legal fees) arising from your use of the Site, your violation of any laws or these Terms, or your misuse of any services or content. You may not settle any claim without our written consent.
For purposes of these Terms, "affiliate" refers to any entity directly or indirectly controlled by or under common control with the Company, where "control" means ownership of more than 50% of such entity.

10. Information Provided to the Site. By submitting your contact or other information to the Site, you grant us and our affiliates the right to use it for Site operation, marketing, and communication purposes without compensation. We may transmit, distribute, edit, or reformat such information and transfer it to an acquirer in the event of a sale or merger.
You represent and warrant that you are of legal contracting age and have the rights to the content you submit, and that it does not infringe any third-party rights. We do not control or endorse messages submitted by users and disclaim all liability related to such content.
By visiting this Site or communicating electronically with us, you consent to receiving responses by email, phone, or text. You may opt out of specific communications.
We may disclose your information when required by law, subpoena, legal process, or for enforcement of legal rights, protection of safety, or in connection with mergers or acquisitions, in line with our Privacy Policy.

11. Severability; Waiver. Access to and use of the Site is prohibited where restricted by law. If any provision of these Terms is found to be unlawful, void, or unenforceable, that specific provision will be deemed severed and will not affect the validity of the remaining Terms. If possible, the unenforceable provision will be modified to make it enforceable and treated as part of these Terms from inception. No waiver by the Company of any breach or default will be considered a continuing waiver or a waiver of any subsequent breach or default, unless expressly made in writing and signed by the Company or posted as an update on the Site. Our failure to enforce any right or provision shall not constitute a waiver of such right or provision.

12. Assignment. We may assign our rights and obligations under these Terms at any time without notice or consent. You may not assign your rights or delegate your obligations under these Terms without prior written permission from the Company.

13. No Modifications by Employees. No employee or representative of the Company is authorized to modify these Terms. Any statements or representations made by employees or individuals claiming to represent us do not override these Terms. You should not rely on such statements.

14. Reporting Violations; Enforcement. To report violations of these Terms, contact us at [email protected]. Upon becoming aware of a potential violation, we may conduct an investigation and, based on its severity, restrict, suspend, or terminate your access to the Site at our sole discretion. In cases of criminal conduct, we reserve the right to notify law enforcement authorities.

15. Notices and Procedure for Making Claims of Copyright Infringement. In accordance with the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, we have designated a copyright agent to receive notifications of alleged copyright infringement regarding materials posted on this Site.

Important: The following procedure applies only to copyright infringement claims. Requests for support, customer service, or technical assistance will not receive a response through this process.

To submit a notification, please contact our Designated Agent:

  • Service Provider: Panorama Buckhead Property, LLC – www.panoramabuckhead.com
  • Designated Agent: Attn: Manager
  • Mailing Address: 2200 Biscayne Blvd., Miami, FL 33137
  • Phone: (305) 374-5700
  • Email: [email protected]

Your DMCA Notification must include the following:

  1. Your full name, mailing address, telephone number, fax (if any), email address, and the name of the contact person (if different).
  2. Identification of the copyrighted work(s) you believe have been infringed.
  3. A detailed description of the material that is allegedly infringing, including the URL or location on the Site where it appears, and information sufficient to allow us to locate it.
  4. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  5. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
  6. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

What We Will Do Upon Receipt of a Proper DMCA Notice:

Upon receiving a valid written notification with all required information:

  1. We will remove or disable access to the allegedly infringing material.
  2. We will forward the written notification to the alleged infringer.
  3. We will take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the material.

How the Alleged Infringer Can Respond:

The alleged infringer may submit a written counter notification to our Designated Agent.

What the Counter Notification Must Include:

  1. The alleged infringer’s full name, address, and telephone number.
  2. A statement that the alleged infringer consents to the jurisdiction of the federal district court for the judicial district where we are located and will accept service of process from the party who submitted the original DMCA notice or their agent.
  3. Identification of the material that was removed or to which access was disabled, including the location where it previously appeared.
  4. A statement, under penalty of perjury, that the alleged infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
  5. The physical or electronic signature of the alleged infringer.

What We Will Do Upon Receipt of a Proper Counter Notification:

Once a valid counter notification is received:

  1. We will promptly provide the complaining party with a copy of the counter notification.
  2. We will notify the complaining party that we intend to replace the removed material or re-enable access to it within ten (10) business days.

3. We shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the counter notification, provided that our Designated Agent has not received notice from the complaining party that a legal action has been filed seeking to restrain the alleged infringer from engaging in infringing activity related to the material.

16. SMS Text Messages

We may provide you with event notifications and promotional offers via SMS (the "Text Service"). By participating in the Text Service, you agree to these Terms of Use and our Privacy Policy.

Signing Up and Opting In

To enroll in the Text Service, you must provide your mobile phone number and confirm your agreement to these terms. You must be at least 18 years old or the legal age of majority in your jurisdiction. Before receiving any messages, you will need to confirm your enrollment by replying to a verification SMS.

By opting in, you authorize us to send you text messages using autodialer or non-autodialer systems to the number you provide. You do not need to consent to receive messages as a condition of purchasing any goods or services. You affirm that you are either the owner of the mobile number or an authorized user.

You consent to the use of electronic records for your opt-in. If you would like a paper or email copy, or need to update your information, contact us at (305) 374-5700. To view your opt-in or these terms, you will need Internet access and either a printer or device storage.

Message frequency may vary. Alerts may include welcome messages or promotional communications. Message and data rates may apply depending on your carrier plan. The Text Service may not be supported on all carriers. We are not responsible for any delays, delivery failures, or errors in messaging.

To Stop Receiving Messages

To unsubscribe, text STOP to (305) 374-5700 or reply STOP to any of our messages. For other numbers, reply STOP to that number. You may receive a confirmation message or a request to specify which service to stop if subscribed to multiple. You must reply with STOP to ensure proper removal. Unsubscribing from one program does not automatically remove you from others.

Questions

If you have questions regarding the Text Service, please contact us at (305) 374-5700.

Change of Mobile Number

If you change or deactivate your mobile phone number, please notify us by emailing [email protected] or calling (305) 374-5700.

17. Questions; Accessibility. If you have any questions regarding the Site or wish to contact us for any reason, please do so at:
Panorama Buckhead Property, LLC
2200 Biscayne Blvd., Miami, FL 33137, Attn: Manager
Email: [email protected]
Phone: (305) 374-5700

We are committed to ensuring accessibility for all users. If you experience difficulty viewing or navigating the content on this Site, please call (305) 374-5700 or email [email protected], and we will gladly assist you.

18. Entire Agreement. Except as otherwise stated herein, these Terms of Use represent the entire agreement between you and us regarding the Site and supersede any prior or contemporaneous communications, whether electronic, oral, or written. A printed version of these Terms of Use and any electronically delivered notices shall be admissible in legal proceedings to the same extent as business documents originally produced and maintained in printed form.

19. Force Majeure. We are not liable for any failure or delay in fulfilling our obligations under these Terms of Use or in providing access to the Site due to events beyond our reasonable control. Such events include, but are not limited to: natural disasters, war, terrorism, riots, strikes, labor disputes, shortages, Internet or network failures, government restrictions, epidemics, pandemics, or other force majeure events.

20. Survival. The provisions of Sections 1 through 15 and 17 through 20 shall survive any termination of these Terms of Use or your use of the Site.