GENERAL

Centaur (Palm Beach) Owner LLC and/or its affiliates (for convenience, hereinafter referred to collectively as “Centaur“) provides this Website as a resource for you to find general information relating to the communities and homes offered by Centaur’s affiliated entities. The term “Website” as used herein shall mean and refer to this Website, each of the pages comprising the Website and all information contained on the Website. Violation of these Terms of Use may result in termination of your use of or access to this Website. Any disruption of this Website caused by you or anyone using your account will be prosecuted to the fullest extent of the law. By using this Website you acknowledge that you have read these Terms of Use and Important Legal Notices and agree to be bound by the terms and conditions herein.

COPYRIGHT

This Website, including, without limitation, all text, plans, floor plans, elevations, renderings, illustrations, graphics, photographs and images, are all copyrighted material owned by Centaur, and may not be used, copied, reproduced or distributed in any manner, in whole or in part, without the express prior written consent of Centaur.

TRADEMARKS

The Panther logo, consisting of a silhouette of a panther, and the name Panther National are registered trademarks of Centaur. Centaur may also own trademarks service mark rights to logos, slogans and designs which are not expressly described above. The unauthorized use of any trademark or service mark on this Website and/or owned by Centaur is strictly prohibited.

EQUAL HOUSING OPPORTUNITY

We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin.

NO OFFER TO BUY OR SELL

The information contained on this Website is for informational purposes only and shall not be construed or deemed to: (i) constitute an offer to sell any of the homes or communities described or referred to on this Website, or (ii) be an offering or a solicitation in those states where prior registration is required. Offers to purchase our homes may only be made and accepted at the sales center located at the applicable community, and by execution of a written purchase contract by the parties thereto. In addition, if prior registration under the laws of your state is required, please understand that we may not be able to provide you with information.

CHANGES IN INFORMATION

The information on this Website is subject to change at any time and without notice. In addition, inaccuracies or errors may exist. However, we endeavor to provide the most up-to-date and accurate information possible on this Website. We reserve the right to change any and all such information, and to correct any such inaccuracies or errors that may exist, at any time and without notice. Centaur shall not be responsible or liable in any way for any losses or damages of any kind whatsoever (including, without limitation, punitive, consequential or incidental damages) which you may incur in connection with this Website and/or your use thereof, including, without limitation, any inaccuracies or errors that may exist. All information should be verified by you at the particular community you are interested in.

PRICES

All prices are subject to change at any time and without notice, and do not include optional features or premiums for upgraded homesites. From time to time, price changes may have occurred that are not yet reflected on this Website. Please check with the sales center at the applicable community you are interested in for the most current pricing.

PLANS; FEATURES; OPTIONS; CHANGES

Plans, elevations, specifications, features, colors, designs, dimensions and materials are all subject to availability, and to change or substitution at any time and without notice. Plans are only for illustrative and conceptual purposes, are not to scale and may be the reverse (mirror) image of those shown. All measurements including, but not limited to, room dimensions and ceiling and wall heights are approximate and may vary from those shown as a result of, among other things, construction materials, construction practices, field conditions and flooring thicknesses. Square footage is approximate and is measured from the outside of exterior walls. Illustrations of elevations and plans are artists’ depictions only. In production, plans and elevations may vary in precise details and dimensions, and may not actually be constructed as shown. The fixture shapes shown are graphical in nature and are not necessarily indicative of a particular style or model. Landscaping depicted is not to scale and may vary as to type, maturity, location and number. In addition, some features shown in the model homes may not be included in the purchase price of the homes as quoted. Site plans are for illustrative and conceptual purposes only and are subject to change without notice. Not all plans, features or amenities are available in all communities shown on this Website. Please consult your sales representative and refer to the Purchase Contract in order to determine which features, specifications and elevations are included in any home you may purchase.

PHOTOGRAPHY; ILLUSTRATIONS

Photography may be stock photography and is used to depict the spirit of the lifestyles to be achieved rather than any that may exist or that may be proposed. Photographs featured may be similar to the models featured, but certain specifications may differ. See sales associate for details. Illustrations of elevations and plans are artist’s depictions only.

VIRTUAL TOURS

Virtual Tours (if any) used in this Website are for general demonstration purposes only, and are not depictive of the actual homes to be constructed. The tours are available to generally show the layout and design of the homes available for purchase.

AS-IS; NO WARRANTY

EVERYTHING ON THIS WEBSITE IS PROVIDED “AS-IS” AND WITHOUT WARRANTY (EXPRESS OR IMPLIED) OF ANY KIND WHATSOEVER. CENTAUR HEREBY EXPRESSLY DISCLAIMS, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL WARRANTIES WHETHER ARISING FROM CUSTOM, USAGE OF TRADE, COURSE OF DEALING, CASE LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

LINKED SITES

This Website may contain links to websites that are not owned or maintained by Centaur. Centaur shall not be responsible or liable for any of the content contained on or provided by any websites reached by such links. Your use of such links and websites is solely at your own risk are provided for your use solely as a convenience.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Centaur and each and every of its affiliates, and each of their respective shareholders, partners, officers, directors, employees, consultants, attorneys and agents, from and against any and all claims, liabilities, damages (whether direct, indirect, punitive, incidental, special, consequential or otherwise), judgments, settlements, causes of action and/or costs whatsoever (including, without limitation, reasonable attorneys’ fees at trial and all appellate levels and/or in all alternative dispute resolution proceedings) arising from and/or in connection with your use of this Website and/or your violation of these Terms of Use.

MANDATORY MEMBERSHIP

All persons acquiring a Unit in the Development is required to obtain at least a Social Membership in Panther National (the “Club“), and, if available, a Resident Golf Membership may be acquired.

BROKER POLICY

Centaur values our relationships with the local brokers in our community. A commission will be paid to a Broker when the Broker complies with the policies and procedures below and in accordance with the Cooperating Broker Registration Agreement to be entered into between the Cooperating Broker (the “Co-Broker“) and Centaur. The following are some of our policies and procedures for establishing and maintaining these relationships.

Procuring Cause: A Co-Broker will be entitled to commission only if the Co-Broker is the procuring cause of its registered client (“Client“) visiting the project or otherwise meaningfully exploring the possible purchase from Centaur of a lot or home located in the Community (sometimes referred to as a “Unit“). A Co-Broker will not be deemed to be the procuring cause if Client has registered with Centaur or visited the Panther National Development (the “Development“) or Centaur’s sales office during the preceding twelve (12) months and Client must not have been registered with Centaur by another broker during the preceding twelve (12) months. Client must submit a fully executed Purchase and Sale Agreement on Centaur’s form pursuant to which Client shall be required to make or be committed to make a non-refundable deposit of at least twenty-five percent (25%) of the Purchase Price of the Unit.

Commissions: Co-Broker commissions are generally three percent (3%) of the net purchase price (i.e., base purchase price of the home, not including any options, less all credits, promotional discounts and any portion of the purchase price that is allocated to the purchase of a membership in the Club).

Payment of Commissions: Commissions due on the sale of lot without a home constructed thereon will be paid at closing. A portion of the commissions due on the sale of a lot/home package may be paid in advance as outlined in the Cooperating Broker Registration Agreement. If closing does not occur for any reason, no commission will be due and any advance commissions paid (must be refunded to Centaur. Brokers may not refund, rebate, or otherwise reimburse Buyer for any portion of the commission earned.

Marketing: Broker, its agents and/or representatives are not permitted to:

• Copy or use any materials of Centaur’s logos on any of your websites or in any of your marketing materials including, without limitation, text, floor plans, site plans, elevations, renderings, illustrations, videos, graphics, photographs and/or images.
• Use the name Panther National, Centaur or any trademark of Centaur (or any derivations thereof) in any internet or website domain name.
• Use the name Panther National or other trademark (or any derivations thereof) of Centaur as part of the name of your brokerage company or any division thereof.
• Include any hidden metadata in any of your websites containing the name Panther National or other trademark (or any derivations thereof) of Centaur.
• Refund or rebate any portion of your commission to Purchaser.

All references to Centaur, Panther National, a floor plan, model or other item of Centaur appearing on any website page of Co-Broker shall only be used as hyperlinks to Centaur’s webpages and content utilizing hyperlinks provided by Centaur which shall be made available to a Co-Broker upon request.