Legal

YOUR USE OF THIS WEBSITE (the “Site”) CONSTITUTES ACCEPTANCE OF THE TERMS AND CONDITIONS PROVIDED HEREIN.  These Website Terms of Use (“Terms of Use”) describe the terms pursuant to which 400 Hibiscus Acquisitions, 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.BanyanTreeResidencesWPB.com (the “Site”).  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.BanyanTreeResidencesWPB.com. These Terms of Use incorporate our Privacy Policy, which is posted at https://www.BanyanTreeResidencesWPB.com/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.

ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY STATING THE REPRESENTATIONS OF THE DEVELOPER. FOR CORRECT REPRESENTATIONS, MAKE REFERENCE TO THIS BROCHURE AND TO THE DOCUMENTS REQUIRED BY SECTION 718.503, FLORIDA STATUTES, TO BE FURNISHED BY A DEVELOPER TO A BUYER OR LESSEE.

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, 400 HIBISCUS ACQUISITIONS, 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.

NOTHING ON THIS SITE IS INTENDED AS AN OFFER TO SELL, OR SOLICITATION OF OFFERS TO BUY, CONDOMINIUM UNITS IN ANY JURISDICTION WHERE SUCH OFFER OR SOLICITATION CANNOT BE MADE OR ARE OTHERWISE PROHIBITED BY LAW, AND YOUR ELIGIBILITY TO PURCHASE WILL DEPEND ON YOUR STATE OF RESIDENCY. SUCH AN OFFERING SHALL ONLY BE MADE PURSUANT TO THE OFFERING DOCUMENTS (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.  THIS IS NOT AN OFFER TO SELL NOR A SOLICITATION TO PURCHASE A CONDOMINIUM UNIT DIRECTED TO ANY PERSON WHERE SUCH AN OFFER OR SOLICITATION IS PROHIBITED BY LAW UNLESS THE CONDOMINIUM IS REGISTERED IF REQUIRED OR EXEMPT.

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 Site is provided for information purposes only. This Site is meant to be used as an overview of the Banyan Tree Residences West Palm Beach project (the “Project”) 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 items are subject to modification, change and/or being withdrawn at any time in the sole discretion of 400 Hibiscus Acquisitions, LLC, the developer of the Project (the “Developer”).

The Project is owned, and is being developed, offered and sold by the Developer and not by Banyan Tree Hotels & Resorts Pte. Ltd. or any of its affiliates (collectively, the “Brand Owner”), and the Brand Owner is not affiliated or in any way related to the Developer.  The Brand Owner is not responsible for any of the content on this Site.

The Brand Owner has granted to Developer a limited right to use certain intellectual property, including, the BANYAN TREE mark (the “Licensed Mark”) in connection with the Developer’s offering and sale of the residential units at the Project, and it is intended that the Brand Owner will grant to the condominium association (“Association”) a limited right to use the Licensed Mark in connection with the residential units (collectively, the “License Agreements”).  If any of the License Agreements terminate for any reason (or if the License Agreement proposed with the Association is not entered into for any reason), all use of the Licensed Marks in connection with the Project will terminate.  There are no guarantees or assurances that the License Agreements will remain in effect for any particular period of time, and therefore there are no guarantees or assurances that the Licensed Marks will continue to be associated with the Project.  The Brand Owner will not manage the Project or the condominium and it is intended that the Developer will engage a management company therefore.

Any and all statements, disclosures and/or representations shall be deemed made by Developer and not by the Brand Owner or by Mast Capital, Inc. (“Mast Capital”) or Curated, JCZM, LLC (“Curated JCZM”) and you agree to look solely to the Developer (and not to the Brand Owner or Mast Capital or its other affiliates or Curated JCZM or its affiliates) with respect to any and all matters relating to the marketing and/or development of the condominium and with respect to the sales of units in the condominium.

The Brand Owner has no responsibility or liability to any party regarding the offering, sale, development, construction or management of the project. The Brand Owner has not confirmed the accuracy of any marketing, offering or sales materials, prospectus, offering circulars or other similar documents provided or used by the Developer.  The Brand Owner is not part of or an agent for the Developer and is not acting as broker, finder or agent in connection with the offer or sale of the units at the Project.  Purchasers shall have no right to use or interest in the Licensed Marks.  Purchasers will be required to acknowledge that their decision to enter into a purchase agreement for purchase of a unit at the project was not based on the continued relationship, existence or availability of the Licensed Marks or the Brand Owner, in connection with the Project or the condominium.

You waive and release the Brand Owner, Mast Capital and Curated JCZM from and against any liability with respect to or in any way relating to: (I) any representations or defects or any claim whatsoever, relating to the marketing, offering, sale, design, construction or management of the Project or any unit therein, or the condominium, (II) the termination of the License Agreements for any reason, and (III) termination and cessation at or in relation to the Project or the condominium of use of the Licensed Marks.  Nothing herein shall limit or impair the rights of a purchaser against the Developer under Florida Statutes, Section 718.506.

The Developer, its subsidiaries, affiliates, contractors, agents, employees, licensees, and/or assigns are in no way responsible or liable for any damages whether they be direct, indirect, punitive, special, consequential, contribution or indemnity of any kind whatsoever, however caused, arising out of the use or non-availability of this Site. Additionally, access to third-party Internet sites linked to this Site are at the user’s own risk and Developer is not responsible for the accuracy or reliability of any information, opinion, advise, statements or transactions made on such sites.

The Project graphics, renderings and text provided herein are copyrighted works owned by the Developer or its licensors. © 2026, 400 Hibiscus Acquisitions, LLC or its licensors. All rights reserved. Unauthorized reproduction, display or other dissemination of such materials is strictly prohibited and constitutes copyright infringement. Additionally, this Site may contain or reference trademarks, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights of the Developer and/or other parties. No license to or right in any such trademarks, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of the Developer and/or other parties is granted to or conferred upon you.

All communications or material transmitted by you through this Site shall be treated as non-confidential and non-proprietary. Any information posted on this Site is the property of the Developer and may be used for purposes, including, without limitation, reproduction, disclosure, transmission, broadcast and posting. Please do not use e-mail to send us transaction instructions. Site visitors who choose to send e-mail messages to the Developer or its affiliates that contain confidential, private or personal information do so entirely at their own risk.

No real estate broker is authorized to make any representations or other statements regarding the Project, and no agreements with, deposits paid to or other arrangements made with any real estate broker are or shall be binding on the Developer. Please refer to the Developer’s official Project brochures, this Site and materials and the documents furnished by the Developer pursuant to state law for information regarding the Project.

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 herein or in other materials for the Project. Please check with the sales center for the most current pricing.
The sketches, renderings, graphic materials, plans, specifications, terms, conditions and statements 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. All improvements, designs and construction are subject to first obtaining the appropriate federal, state and local permits and approvals for same. No guarantees or representations whatsoever are made that any plans, features, amenities or facilities will be provided or, if provided, will be of the same type, size, location or nature as depicted or described herein. Any drawings and depictions in this Site are conceptual only and are for the convenience of reference. They should not be relied upon as representations, express or implied, of the final detail of the residences. The Developer expressly reserves the right to make modifications, revisions, and changes it deems desirable in its sole and absolute discretion. All depictions of fixtures, appliances, counters, soffits, floor coverings and other matters of detail, finishes and decoration are conceptual only and are not necessarily included in each unit in the condominium (a “Unit”). All such materials are not to scale and are shown solely for illustrative purposes. There may be finishes are available to purchase as an upgrade to your Unit. Consult your Agreement and the Offering Documents for the items included with the Unit.  All Unit features and building amenities are subject to change, including, without limitation, changes in manufacturers, brands, amenities, services and/or the design team. Without limiting the generality of the foregoing, the Developer reserves the right to substitute any of the foregoing with items of similar or better value, in the Developer’s opinion.  Dimensions and square footage and ceiling heights are approximate and may vary with actual construction.

Stated dimensions are measured to the exterior boundaries of the exterior walls and the centerline of interior demising walls and in fact vary from the dimensions that would be determined by using the description and definition of the “Unit” set forth in the Declaration (which generally only includes the interior airspace between the perimeter walls and excludes interior structural components).  For your reference, the area of the Unit, determined in accordance with those defined unit boundaries, is set forth in the condominium Declaration.  Note that measurements of rooms set forth on this floor plan are generally taken at the greatest points of each given room (as if the room were a perfect rectangle), without regard for any cutouts.  Accordingly, the area of the actual room will typically be smaller than the product obtained by multiplying the stated length times width.  All dimensions are approximate and may vary with actual construction, and all floor plans and development plans are subject to change.

The photographs contained in this Site may be stock photography or have been taken off-site and 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.

 The condominium views will vary depending on the Unit purchased. No view is guaranteed. Any view from any unit or from other portions of the property may in the future be limited or eliminated by future development or circumstances or events beyond our control and the Developer in no manner guarantees the continuing existence of any view.
Any and all references to and/or renderings of other proposed projects or nearby facilities depicted are proposed only, are not constructed, and are not being developed by the Developer. As such, the Developer has no control over those projects or facilities and there is no guarantee that they will be developed, or if so, when and what they will consist of. The information provided herein regarding other proposed projects or facilities depicted was obtained from newspaper articles and other public information and Developer makes no representations as to same. There is no guarantee that any or all such off-site attractions, shopping venues, restaurants, and activities will exist as depicted, or that there would not be changes or substitutions of the attractions and venues nearby.

Any restaurants and other business establishments and/or any operators of same referenced on the Site are subject to change at any time, and no representations regarding restaurants, businesses and/or operators within the Project may be relied upon. Any such restaurants, and/or other business establishments, if located at the Project, would be operated from  commercial components of the Project which may be offered for sale to third parties. Except as may be otherwise provided in the offering materials, the use of commercial spaces will be in discretion of the purchasers of those spaces and there is no assurance that they will be used for the purposes, and/or with the operators, named herein.

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.