Terms of Use

Welcome to the Ō27 website.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. THEY CONTAIN IMPORTANT DISCLAIMERS, LIMITATIONS OF LIABILITY, AN INDEMNITY, A RELEASE, A JURY-TRIAL WAIVER, A CLASS-ACTION WAIVER, AND A MANDATORY VENUE PROVISION. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE WEBSITE.

These Terms of Use (these “Terms”) govern your access to and use of the website located at discoverO27.com, including any subdomain, staging or preview environment, microsite, digital brochure, virtual tour, downloadable material, embedded content, social media presence controlled by us, and any other online service that links to these Terms (collectively, the “Site”). The Site markets Ō27, a proposed speculative Class A office development located at or about 4701 Westheimer Road, Houston, Harris County, Texas 77027 (the “Project”).

The Site is owned and operated on behalf of Broadview Real Estate (collectively, “Developer,” “we,” “us,” or “our”). References to Developer are for convenience only and do not make any parent, subsidiary, affiliate, member, manager, investor, lender, consultant, contractor, or other Project Party an owner or operator of the Site or a party to these Terms unless expressly identified as such.

The following additional persons and entities are intended third-party beneficiaries of, and are entitled to the full protection of, every disclaimer, limitation, exclusion, release, indemnity, waiver, and other protective provision in these Terms, and may enforce these Terms directly (together with Developer, the “Project Parties”): (a) STG Design, the Project’s architect; (b) Design ALT + TAB, the Project’s grand entrance designer; (c) Public Content, the Project’s public relations firm; (d) any current or future fee owner, ground lessor, development manager, asset manager, leasing agent, broker, property manager, general contractor, engineer, renderer, photographer, videographer, web developer, marketing agency, or other consultant, contractor, or vendor engaged by or on behalf of Developer in connection with the Project or the Site; (e) any current or future lender, equity partner, investor, purchaser, insurer, or other capital or transaction party relating to the Project; and (f) each of the foregoing persons’ and entities’ respective parents, subsidiaries, affiliates, members, managers, partners, principals, officers, directors, employees, agents, licensors, successors, and assigns.

By accessing, browsing, viewing, downloading from, submitting information through, or otherwise using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms. Our Privacy Policy describes our information practices and is provided as a privacy notice; it does not create independent contractual rights or obligations except to the extent applicable law requires. If you access the Site on behalf of a company, brokerage, partnership, fund, or other entity, you represent and warrant that you have full authority to bind that entity, and “you” and “your” refer to both you individually and to that entity, jointly and severally.

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The Site is intended solely for use by persons aged 18 or older acting in a business or professional capacity, including prospective office tenants, tenant representatives, licensed real estate brokers, lenders, investors, consultants, vendors, and members of the media. By using the Site, you represent and warrant that (a) you are at least 18 years of age; (b) you have the legal capacity to enter into binding contracts; (c) you are accessing the Site for a bona fide business purpose relating to the evaluation of

commercial office space or the Project and not as a consumer or for personal, family, or household purposes; (d) you are not a competitor of Developer accessing the Site to obtain competitive intelligence; and (e) your use of the Site does not violate any applicable law or any agreement to which you are bound. The Site is not directed to children, and we do not knowingly collect information from anyone under 18.

We may revise these Terms at any time, in our sole and absolute discretion, by posting an updated version on the Site with a new Effective Date. Revisions are effective upon posting for use of the Site occurring after the revised Terms are posted, except to the extent applicable law requires additional notice or limits retroactive application. Your continued use of the Site after posting constitutes your acceptance of the revised Terms. You are responsible for reviewing these Terms each time you use the Site.

We may modify, update, suspend, restrict, discontinue, or remove the Site or any portion, feature, page, or content of the Site at any time, with or without notice, for any reason or no reason, without any liability to you or any third party. We may also impose limits on certain features or restrict or terminate your access to all or part of the Site, at any time and in our sole discretion.

These Terms govern your use of the Site only. Nothing on the Site, and nothing in these Terms, constitutes, creates, amends, supplements, or evidences any lease, letter of intent, request for proposal, proposal, term sheet, option, right of first refusal or offer, brokerage or commission agreement, confidentiality or non-disclosure agreement, obligation to negotiate, duty to continue negotiations, or any other contract relating to the Project. Any such agreement or obligation must be set forth in a separate written instrument signed by an authorized officer or other expressly authorized representative of the applicable Developer entity. No broker, consultant, employee, marketing representative, architect, contractor, or other Project Party has authority to bind Developer except as expressly stated in a signed written instrument. No Project Party will be bound by any oral statement, email, text message, marketing material, website content, draft, course of dealing, or course of performance. In the event of any conflict between these Terms and a definitive signed written agreement between you and Developer relating to the Project, that definitive agreement controls with respect to its subject matter only.

All content on the Site is provided solely for general informational and marketing purposes. Nothing on the Site constitutes, or shall be construed as, an offer to lease, sell, finance, or otherwise convey any interest in real property; an offer, solicitation, or recommendation to purchase any security, partnership interest, or other investment; a commitment to develop, construct, complete, or deliver the Project or any portion of it; or a representation that any space is or will be available on any terms. Any leasing of space in the Project will occur only pursuant to a definitive written lease executed by an authorized Developer entity following Developer’s customary credit, underwriting, and internal approval process. Developer reserves the right, in its sole and absolute discretion, to decline any inquiry, proposal, or prospective tenant for any lawful reason, to negotiate with multiple parties simultaneously, to change asking rents and terms without notice, and to lease, sell, finance, or otherwise deal with all or any part of the Project to or with any party on any terms.

The Site does not constitute an offer of securities in any jurisdiction. Any discussion of investment in or financing of the Project will occur only through separate confidential materials furnished to qualified persons in compliance with applicable securities laws.

The Project is a proposed development. It has not been completed and may never be completed. All renderings, images, illustrations, photographs, videos, animations, virtual tours, fly-throughs, floor plans, stacking plans, site plans, elevations, sections, test fits, specifications, dimensions, square footages, rentable and usable areas, load factors, ceiling heights, column spacing, parking counts and ratios, amenity descriptions, view and skyline depictions, landscaping, furnishings, finishes, materials, signage, lighting, and every other depiction or description of the Project or its surroundings on the Site (collectively, “Project Depictions”) are artistic, conceptual, and illustrative only. Project Depictions are based on preliminary and evolving design information prepared by STG Design, Design ALT + TAB, and other consultants, are subject to design development, value engineering, permitting, code compliance, and market conditions, and are not intended to be, and shall not be relied upon as, accurate, complete, or final representations of the Project as it may ultimately be designed, constructed, or delivered.

Without limiting the foregoing, you acknowledge and agree that:

• Project Depictions may include buildings, streetscapes, vegetation, vehicles, people, artwork, furnishings, tenants, retailers, signage, and other elements that are not part of the Project, do not exist, or may never exist, and may omit elements that will exist. Neighboring properties and skyline elements are shown for context only and may change.
• Views, light, and air from or of the Project are not guaranteed and may be obstructed, diminished, or altered by existing or future construction, landscaping, weather, or other conditions outside the control of any Project Party.
• All square footages, dimensions, and areas are approximate, are subject to change, and may be measured using methods that differ from those used in any final lease. Rentable area will be determined solely in accordance with the executed lease and the measurement standard specified in it.
• Maps, property lines, access points, curb cuts, parking locations, traffic patterns, transit connections, drive or walk times, and surrounding-property depictions are approximate and for general context only. They are not surveys, title materials, engineering documents, traffic studies, or representations of legal rights of access, parking, easements, or future conditions.
• No Project Depiction or Site content is a representation or warranty regarding zoning, entitlements, permits, code compliance, utility capacity, environmental condition, tax treatment, governmental incentive, construction feasibility, tenant-improvement feasibility, or any approval by a governmental or quasi-governmental authority. Test fits and space plans are conceptual only and are not architectural or engineering advice.
• Developer reserves the right, in its sole and absolute discretion and without notice or liability, to modify, substitute, reduce, relocate, phase, delay, or abandon any design element, floor plan, amenity, material, finish, system, specification, feature, phase, or component of the Project, including the building’s height, massing, façade, glazing, structural system, floor count, floor plate size, core configuration, elevators, parking, retail, amenity program, landscaping, grand entrance design, sustainability features, technology infrastructure, and delivery timeline.
• Amenities described on the Site are proposed only and may be modified, reduced, relocated, phased, delayed, made subject to fees, rules, or membership, operated by third parties, or eliminated. Any restaurants, retailers, fitness or hospitality operators, or other tenants referenced or depicted are illustrative unless Developer expressly discloses a signed lease with that party.
• Any certification, rating, or designation referenced on the Site (including LEED, WELL, WiredScore, SmartScore, Fitwel, ENERGY STAR, or similar) is a target or aspiration only unless expressly identified as achieved, and no Project Party guarantees that any such certification will be pursued, obtained, or maintained.
• Any reference to groundbreaking, construction milestones, completion, delivery, or occupancy dates is an estimate only and is subject to financing, entitlements, permitting, market conditions, labor and material availability, supply chains, weather, force majeure, and other factors beyond any Project Party’s control. No Project Party has any obligation to commence, continue, or complete construction of the Project.

Project Depictions are not part of, and shall not be incorporated into, any lease or other agreement, and no tenant, broker, lender, investor, or other party may rely on any Project Depiction in entering into any agreement or making any decision relating to the Project.

The Site may contain statements regarding Developer’s plans, expectations, intentions, projections, targets, and beliefs about the Project, its design, quality, timing, cost, market position, tenancy, amenities, ownership, financing, and surrounding area. These are forward-looking statements that involve known and unknown risks and uncertainties, are based on assumptions that may prove incorrect, and are not guarantees of future results or performance. Actual outcomes may differ materially. No Project Party undertakes any obligation to update any forward-looking statement or any other content on the Site.

Information on the Site regarding the Houston and Galleria/Uptown markets, submarket conditions, demographics, employers, traffic counts, drive or walk times, transit, nearby amenities, retail, dining, hotels, residential communities, comparable buildings, and neighborhood characteristics is drawn from third-party sources that Developer believes to be reliable but has not independently verified. Such information is provided as of the date compiled, may be incomplete, outdated, estimated, or inaccurate, and is subject to change without notice. Maps and location graphics are not surveys and are not intended to establish property boundaries, access rights, distances, or legal relationships. References to third-party businesses, landmarks, brands, logos, or properties are for context only and do not imply any affiliation, sponsorship, endorsement, tenancy, or continuing operation.

You acknowledge and agree that you are not relying, and will not rely, on any Project Depiction, any other content on the Site, or any oral, written, or electronic statement, representation, promise, or assurance made by any Project Party or any of its representatives, other than as may be expressly set forth in a definitive written agreement signed by an authorized representative of the applicable Developer entity. You further acknowledge that you are a sophisticated business user, that you have or will conduct your own independent investigation, inspection, and due diligence regarding the Project, its surroundings, and the market, and that you have had the opportunity to consult your own legal, tax, financial, engineering, environmental, and real estate advisors.

Your use of the Site does not create any brokerage, agency, fiduciary, partnership, joint venture, employment, or advisory relationship between you and any Project Party. Any leasing representatives identified on the Site or who respond to your inquiry act solely on behalf of Developer and owe no duty to you. No Project Party provides legal, tax, financial, engineering, environmental, or investment advice, and nothing on the Site shall be construed as such.

If a Texas real estate license holder is involved in marketing or leasing the Project, that license holder is responsible for providing the notices and disclosures required of it by applicable Texas law and Texas Real Estate Commission rules, including the then-current Information About Brokerage Services notice and Consumer Protection Notice when applicable. To the extent the Site constitutes a “business website” controlled by a license holder under applicable TREC rules, the required homepage links will be provided as required by those rules. No Project Party assumes another license holder’s statutory or regulatory duties. No cooperating-broker commission is offered, earned, or payable except pursuant to a separate written commission agreement signed by the applicable Developer entity, and the mere submission of an inquiry, introduction of a prospect, or registration of a prospect does not create any right to a commission.

Developer is committed to compliance with all applicable federal, state, and local laws prohibiting discrimination in the leasing of commercial real estate.

The Site and all of its content, including without limitation the Ō27 and O27 names, logos, wordmarks, monograms, taglines (including “A Singular Expression of Vision, Legacy, and Global Stature”), brand identity, color palette, and trade dress; all Project Depictions; architectural designs, drawings, models, plans, and specifications; grand entrance, lobby, landscape, and interior designs; text, copy, and narratives; photographs, videos, and animations; the Site’s design, layout, look and feel, typography, and user interface; software, code, and underlying technology; and the selection, arrangement, and compilation of all of the foregoing (collectively, the “Content”) are owned by or licensed to Developer or another Project Party and are protected by United States and international copyright, trademark, trade dress, patent, trade secret, unfair competition, and other intellectual property laws, including the Architectural Works Copyright Protection Act.

Architectural works, designs, and drawings depicted on the Site are the copyrighted work of STG Design; grand entrance designs are the copyrighted work of Design ALT + TAB; renderings, photographs, and video may be the copyrighted work of their respective creators. Each is used on the Site under license, and each such Project Party retains all rights in its work and may enforce those rights directly against any infringer. The Ō27 and O27 names and logos and all related names, logos, product and service names, designs, and slogans are trademarks or service marks of Developer or its licensors, whether or not registered. You may not use any such mark, or any confusingly similar mark, without Developer’s prior written permission. All other names, logos, and marks appearing on the Site are the property of their respective owners.

All rights not expressly granted in these Terms are reserved. Nothing in these Terms or on the Site grants, by implication, estoppel, or otherwise, any license or right to use any Content except as expressly set forth in Section 13.

Subject to your strict compliance with these Terms, Developer grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and view the Site and to download or print a reasonable number of copies of Content solely for your internal business evaluation of the Project as a prospective tenant, tenant representative, lender, investor, consultant, or other bona fide business user. This license does not include, and you shall not, directly or indirectly:

• reproduce, distribute, publicly display, publicly perform, transmit, broadcast, publish, post, upload, sell, license, rent, or otherwise commercially exploit any Content;
• modify, adapt, translate, crop, alter, recolor, overlay, annotate, or create derivative works from any Content, including any rendering, floor plan, or design;
• remove, obscure, or alter any copyright, trademark, watermark, or other proprietary notice on any Content;
• use any Content in any listing, offering memorandum, marketing piece, competitive set, market survey, presentation, or promotional material without Developer’s prior written consent;
• use any Content in connection with any other real estate project or development, or in any manner that suggests any Project Party’s endorsement, sponsorship, or affiliation;
• use any architectural, entrance, landscape, or interior design depicted on the Site as the basis for, or in the construction of, any building or improvement;
• frame, mirror, inline-link, scrape, or embed any portion of the Site on or in any other website, application, or service;
• use any robot, spider, crawler, scraper, or other automated means to access the Site or to collect, index, or extract Content, or use any Content to train, fine-tune, prompt, or evaluate any machine learning, generative, or artificial intelligence model or system; or
• use any Content for any purpose that is unlawful, defamatory, misleading, or that could harm the reputation or goodwill of any Project Party, the Project, or any of its tenants.

Licensed real estate brokers may share unaltered Content with their principals for the sole purpose of evaluating a tenancy at the Project, provided that all copyright and proprietary notices are retained and the Content is not posted to any public listing service, website, or social media platform without Developer’s prior written consent.

This license terminates automatically and without notice if you breach any of these Terms. Upon termination, you shall immediately cease all use of the Content and destroy all copies in your possession or control, and shall certify such destruction upon request. Developer may revoke this license at any time for any reason.

Members of the press may use Content specifically made available through a press kit or media page on the Site solely for editorial coverage of the Project, subject to any credit requirements and usage restrictions stated in the press kit. All other media use requires Developer’s prior written consent. Media inquiries should be directed to experience@discovero27.com or to Public Content, the Project’s public relations firm, as indicated on the Site.

The Project Parties respect the intellectual property rights of others. If you believe that any Content on the Site infringes your copyright, send a written notice to Developer at experience@discovero27.com, or to the notice address in Section 29, marked “Attention: Copyright Notice,” including: (a) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material claimed to be infringing and information reasonably sufficient to permit us to locate it; (d) your contact information, including address, telephone number, and email; (e) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf. Any person who knowingly materially misrepresents that material is infringing may be liable for damages under 17 U.S.C. § 512(f). Developer may remove or disable access to challenged material in its discretion and may terminate the access of repeat infringers.

The Site may allow you to submit leasing inquiries, request information, schedule tours, register for updates, download materials, or otherwise communicate with Developer or its leasing representatives (“Submissions”). You represent and warrant that all information you provide is true, accurate, current, and complete; that you have the right to provide it; and that you will promptly update it as necessary. The Project Parties may rely on your Submissions without independent verification and shall have no liability arising from any inaccuracy in them.

By making a Submission, you authorize Developer and the other Project Parties to collect, receive, store, reproduce, transmit, process, use, and disclose the Submission as reasonably necessary to respond to you, evaluate and pursue a potential business relationship, market and lease the Project, maintain prospect and pipeline records, protect the Project Parties, comply with law, and otherwise act as described in our Privacy Policy. This authorization does not transfer ownership of your personal information and is subject to applicable privacy law. No Project Party has any obligation to respond to any Submission, to keep any Submission confidential (except as required by applicable law or a separate

written confidentiality agreement), or to provide any information, pricing, availability, or tour. Any ideas, suggestions, comments, or feedback you voluntarily provide regarding the Site or the Project (“Feedback”) may be used by the Project Parties for any lawful purpose without compensation, attribution, or obligation to you, and, to the extent legally permitted, you hereby assign to Developer all right, title, and interest in such Feedback.

A Submission does not reserve, hold, or option any space in the Project, does not establish any priority, registration, or right of first refusal or offer, and does not obligate any Project Party to negotiate with you.

In responding to your inquiry, Developer or its representatives may provide you with non-public information regarding the Project, including asking rents, concessions, availability, stacking plans, tenant identities, construction budgets, schedules, financing, or design details (“Confidential Information”). Unless and until a separate confidentiality agreement is signed, you agree to hold all Confidential Information in strict confidence, to use it solely to evaluate a potential tenancy at the Project, to disclose it only to your principals, employees, and advisors who need to know it for that purpose and who are bound by confidentiality obligations at least as protective as these, and not to publish, post, or otherwise disclose it to any third party, including any competing landlord, broker, publication, or database. This Section survives termination of these Terms and any conclusion of discussions between you and Developer.

By submitting your contact information through the Site, you authorize Developer and its leasing representatives to contact you in response to your inquiry and for ordinary business communications regarding the Project and related developments. Marketing emails will include an available opt-out mechanism where required by law. Calls or text messages to a mobile number, including messages sent using automated technology, will be made only to the extent permitted by applicable law and, where required, based on a separate clear and affirmative consent. Consent to receive marketing calls or text messages is not a condition of leasing space or entering into any transaction. Message and data rates may apply; message frequency varies. You may revoke consent or opt out through any reasonable method communicated to you, including replying STOP to text messages where supported or using the unsubscribe link in marketing email. Developer and its service providers will honor valid opt-out or revocation requests within the period required by applicable law. You agree that agreements, notices, disclosures, and other communications provided electronically may satisfy legal writing requirements to the extent permitted by law.

Any visit to the Project site, sales or leasing gallery, or construction area is by appointment only, does not create any right of entry, and is subject to all rules, releases, waivers, personal-protective-equipment requirements, escorts, and safety procedures Developer may impose. Photography, videography, drone operation, and audio recording at or of the Project site are prohibited without Developer’s prior written consent. Construction sites are inherently hazardous; to the fullest extent permitted by law, you assume all risks associated with an authorized visit. Access to any active construction area may be conditioned on execution of a separate site-access agreement, release, or waiver; if any such separate agreement conflicts with these Terms regarding the visit, the separate agreement controls.

You agree not to, and not to assist, encourage, or permit any third party to:

• use the Site for any unlawful purpose or in violation of any applicable local, state, national, or international law or regulation;
• impersonate any person or entity; misrepresent your identity, employer, brokerage affiliation, license status, or authority; or falsely state or imply any affiliation with any Project Party;
• submit false, misleading, fraudulent, or duplicative inquiries, or submit inquiries on behalf of a competitor, journalist, or researcher under the guise of a prospective tenant for the purpose of obtaining pricing, availability, design, or other competitive or non-public information;
• attempt to gain unauthorized access to the Site, its servers, or any systems, networks, accounts, or databases connected to the Site, or probe, scan, or test the vulnerability of any of the foregoing;
• introduce any virus, worm, Trojan horse, malware, or other harmful, disruptive, or surveillance code;
• interfere with or disrupt the operation of the Site or the servers or networks used to make it available, or violate any requirements, procedures, or policies of such networks;
• use the Site to send unsolicited commercial communications, or harvest, collect, or compile email addresses, phone numbers, or other contact or personal information;
• reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any software comprising the Site;
• take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure;
• publish, post, or disseminate any Content or Confidential Information in violation of Sections 13 or 17; or
• use the Site in any manner that could damage, disable, overburden, disparage, or impair the Site, the Project, or any Project Party, or interfere with any other party’s use of the Site.

Developer may monitor use of the Site, investigate suspected violations, and take any legal or technical action it deems appropriate, including blocking access, preserving and disclosing records, and referring matters to law enforcement.

The Site may contain links to, or integrate with, third-party websites, maps, social media platforms, virtual tour providers, video hosts, scheduling tools, analytics and advertising services, and other services not owned or controlled by any Project Party (“Third-Party Services”). No Project Party has any control over, or responsibility for, the content, privacy practices, security, availability, accuracy, or terms of any Third-Party Service. Links are provided for convenience only and do not constitute an endorsement, sponsorship, or recommendation. You access Third-Party Services at your own risk and subject to their own terms and policies, and any dealings you have with third parties found on or through the Site are solely between you and that third party.

THE SITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PROJECT PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, TIMELINESS, QUIET ENJOYMENT, WORKMANLIKE EFFORT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE.

WITHOUT LIMITING THE FOREGOING, NO PROJECT PARTY WARRANTS OR REPRESENTS THAT: (A) THE SITE OR ANY CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE; (B) THE SITE WILL BE AVAILABLE, UNINTERRUPTED, SECURE, OR FREE OF VIRUSES OR OTHER

HARMFUL COMPONENTS; (C) ANY DEFECT WILL BE CORRECTED; (D) THE PROJECT WILL BE DEVELOPED, FINANCED, CONSTRUCTED, COMPLETED, OR DELIVERED AT ALL, ON ANY SCHEDULE, AT ANY QUALITY LEVEL, OR IN ACCORDANCE WITH ANY PROJECT DEPICTION; (E) ANY SPACE, PRICING, TERM, CONCESSION, OR AVAILABILITY DESCRIBED ON THE SITE OR IN ANY COMMUNICATION IS OR WILL REMAIN AVAILABLE; OR (F) ANY INFORMATION YOU TRANSMIT THROUGH THE SITE WILL BE SECURE.

No advice or information, whether oral or written, obtained from any Project Party or through the Site shall create any warranty not expressly stated in these Terms. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you; in such jurisdictions, warranties are excluded to the greatest extent permitted by law.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY PROJECT PARTY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, USE, OR OPPORTUNITY, ANY COST OF COVER OR OF PROCURING SUBSTITUTE SPACE, SERVICES, OR PROPERTY, OR ANY RELOCATION, MOVING, DESIGN, CONSTRUCTION, FINANCING, OR HOLDOVER COST, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITE OR ANY CONTENT, ANY SUBMISSION, ANY RELIANCE ON ANY PROJECT DEPICTION OR OTHER CONTENT OR COMMUNICATION, ANY CHANGE TO, DELAY IN, OR ABANDONMENT OF THE PROJECT, ANY DECISION NOT TO LEASE TO YOU, ANY SITE VISIT, OR THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING ORDINARY NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT ANY PROJECT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF ALL PROJECT PARTIES, COLLECTIVELY, FOR ALL CLAIMS OF EVERY KIND ARISING OUT OF OR RELATING TO THE SITE, THE CONTENT, ANY SUBMISSION, OR THESE TERMS SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100.00).

The limitations in this Section apply even if any remedy fails of its essential purpose, are fundamental elements of the basis of the bargain between you and Developer, and the Site would not be provided without them. Nothing in these Terms excludes, releases, or limits liability to the extent such liability cannot lawfully be excluded, released, or limited. If a jurisdiction does not permit a particular exclusion or limitation, the affected provision shall apply to the maximum extent permitted by law without affecting the remaining protections in these Terms.

You agree to defend, indemnify, and hold harmless each Project Party from and against any and all claims, demands, actions, suits, proceedings, investigations, losses, liabilities, damages, judgments, awards, settlements, penalties, fines, interest, costs, and expenses of every kind (including reasonable attorneys’ fees, expert fees, and costs of investigation and litigation) arising out of or relating to: (a) your access to or use of the Site or any Content; (b) any Submission or Feedback you make; (c) your breach or alleged breach of these Terms, including Sections 13, 17, and 20; (d) your violation or alleged violation of any law or the rights of any third party, including any intellectual property, privacy, publicity, or contractual right; (e) any misrepresentation by you, including regarding your identity, authority, employer, or brokerage affiliation; (f) any claim by a broker or other party claiming through you for a commission, fee, or other compensation; or (g) any visit by you or your representatives to the Project site. Developer may, at your expense, assume the exclusive defense and control of any matter for which you are required to indemnify any Project Party, and you agree to cooperate fully with such defense. You shall not settle any such claim without Developer’s prior written consent.

TO THE EXTENT PERMITTED BY LAW, THE FOREGOING INDEMNITY APPLIES EVEN IF A CLAIM IS CAUSED IN PART BY THE ORDINARY NEGLIGENCE OF AN INDEMNIFIED PROJECT PARTY, BUT IT DOES NOT REQUIRE INDEMNIFICATION TO THE EXTENT A FINAL, NONAPPEALABLE JUDGMENT DETERMINES THAT THE CLAIM WAS CAUSED BY THAT PROJECT PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR TO THE EXTENT INDEMNIFICATION IS OTHERWISE PROHIBITED BY APPLICABLE LAW.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASE, WAIVE, AND DISCHARGE EACH PROJECT PARTY FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, AND LIABILITIES OF EVERY KIND, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE, ANY CONTENT, ANY SUBMISSION, ANY COMMUNICATION WITH ANY PROJECT PARTY REGARDING THE PROJECT, ANY CHANGE TO OR ABANDONMENT OF THE PROJECT, ANY DECISION NOT TO LEASE SPACE TO YOU, ANY AUTHORIZED SITE VISIT, OR ANY DISPUTE WITH ANY THIRD PARTY RELATING TO THE SITE OR THE PROJECT, INCLUDING CLAIMS ARISING IN WHOLE OR IN PART FROM THE ORDINARY NEGLIGENCE OF A PROJECT PARTY. YOU EXPRESSLY WAIVE THE BENEFIT OF ANY LAW THAT WOULD OTHERWISE LIMIT THIS RELEASE TO CLAIMS KNOWN OR SUSPECTED AT THE TIME OF THE RELEASE. THIS RELEASE DOES NOT APPLY TO LIABILITY THAT CANNOT LAWFULLY BE RELEASED OR WAIVED.

These Terms and any dispute, claim, or controversy of any kind arising out of or relating to these Terms, the Site, the Content, any Submission, or the Project (each, a “Dispute”) shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict-of-laws principles, and, where applicable, the federal laws of the United States. You agree that any Dispute shall be brought exclusively in the state district courts of Harris County, Texas, or the United States District Court for the Southern District of Texas, Houston Division. You irrevocably consent to the personal jurisdiction of, and venue in, such courts; waive any objection based on lack of jurisdiction, improper venue, or inconvenient forum; and agree not to commence any Dispute in any other forum. Notwithstanding the foregoing, any Project Party may seek temporary, preliminary, or permanent injunctive or other equitable relief to protect its intellectual property, Confidential Information, or the security of the Site in any court of competent jurisdiction, without the posting of a bond and without proof of actual damages, and you agree that a breach of Sections 13, 17, or 20 would cause irreparable harm for which monetary damages would be inadequate.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND DEVELOPER EACH KNOWINGLY, VOLUNTARILY, INTENTIONALLY, AND IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY DISPUTE. YOU FURTHER AGREE THAT ANY DISPUTE SHALL BE BROUGHT SOLELY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING, AND THAT NO COURT MAY CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE PROCEEDING. IF THIS CLASS-ACTION WAIVER IS FOUND UNENFORCEABLE AS TO A PARTICULAR CLAIM, THAT CLAIM SHALL BE SEVERED AND PROCEED INDIVIDUALLY IN THE COURTS SPECIFIED IN SECTION 26.

To the fullest extent permitted by law, any claim or cause of action arising out of or relating to the Site, the Content, or these Terms must be filed within two (2) years after the claim or cause of action first accrued, or be forever barred. If any Project Party prevails in any action to enfodefend against any claim brought by you that is dismissed or resolved in the Project Party’s favor, you shall pay that Project Party’s reasonable attorneys’ fees, expert fees, and costs.

Developer may terminate or suspend your access to the Site immediately, without prior notice or liability, for any reason or no reason, including any actual or suspected breach of these Terms. Upon termination, your right to use the Site ceases immediately, and you shall destroy all Content in your possession or control. Sections 4 through 10, 12, 13 (as to restrictions), 15 through 17, and 20 through 30 survive any termination or expiration of these Terms and any cessation of your use of the Site.

Entire Agreement. These Terms, together with any supplemental terms expressly presented and accepted at a particular Site feature or transaction, constitute the entire agreement between you and Developer regarding use of the Site and supersede all prior or contemporaneous communications, representations, and understandings regarding the Site. The Privacy Policy is a separate notice describing information practices and is not incorporated as a contractual promise except to the extent applicable law requires otherwise.

Severability; Reformation. If any provision of these Terms is held invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible and reformed to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

No Waiver. No failure or delay by any Project Party in exercising any right or remedy shall operate as a waiver of that or any other right or remedy. Any waiver must be in writing and signed by Developer.

Assignment. You may not assign, delegate, or transfer these Terms or any rights or obligations under them, and any attempt to do so is void. Developer may freely assign these Terms, in whole or in part, without notice, including to any affiliate, lender, or successor owner of all or part of the Project.

Third-Party Beneficiaries. Each Project Party is an express, intended third-party beneficiary of these Terms and may enforce them directly. Except as so provided, these Terms confer no rights on any third party.

Separate Entities; No Joint Liability. The use of collective defined terms such as “Developer” and “Project Parties” is solely for convenience and does not create or imply a partnership, joint venture, agency, fiduciary relationship, single enterprise, alter-ego relationship, joint undertaking, or joint liability among any persons or entities. No Project Party is responsible for the acts, omissions, debts, or obligations of any other Project Party merely because both are included within a collective defined term.

No Personal Liability; Nonrecourse. To the fullest extent permitted by law, no member, manager, partner, shareholder, principal, officer, director, employee, investor, lender, or other direct or indirect owner of Developer or any other Project Party shall have personal liability arising from the Site or these Terms solely by reason of that status. Any contractual recourse relating to the Project shall be only against the entity expressly undertaking the applicable obligation in a definitive written agreement, subject to the limitations and remedies stated in that agreement and to non-waivable law.

Force Majeure. No Project Party shall be liable for any failure or delay resulting from any cause beyond its reasonable control, including acts of God, weather, flood, hurricane, pandemic, epidemic, labor disputes, shortages, supply-chain disruption, governmental action or inaction, permitting delays, utility or telecommunications failures, cyberattack, war, terrorism, or civil unrest.

Interpretation. Section headings are for convenience only. The words “including” and “include” mean “including without limitation.” These Terms shall not be construed against any Project Party as the

drafter. In the event of any conflict between these Terms and any translation, the English-language version controls.

Export and Sanctions. You represent that you are not located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive U.S. sanctions, and that you are not, and are not owned or controlled by, any person on the U.S. Treasury Department’s Specially Designated Nationals list or any other U.S. government restricted-party list.

Accessibility. Developer is committed to making the Site accessible. If you experience difficulty accessing any Content, contact us at experience@discovero27.com and we will endeavor to provide the information in an alternative format.

Notices. Legal notices to Developer must be sent in writing to the notice address below and, for convenience, by email to experience@discovero27.com, and are effective upon receipt. Developer may provide notices to you by email to any address you have provided or by posting on the Site.

Contact. Questions regarding these Terms should be directed to:

Broadview Real Estate
Attention: Legal
10500 Richmond Avenue, Suite 200
Houston, Texas 77042
experience@discoverO27.com
Project address: 4701 Westheimer Road, Houston, Texas 77027