Terms of Use

1. Acceptance of Terms

Welcome to giarratana.com (the "Site"). These Terms of Use ("Terms") govern your access to and use of this Site and all related services (collectively, the "Services") provided by GIARRATANA, LLC ("GIARRATANA," "we," "us," or "our"). By accessing or using the Services, you ("user," "you," or "your") agree to be bound by these Terms.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Site. Your continued use of the Services after any changes constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically.

2. Eligibility

You must be at least eighteen (18) years of age to access and use the Services. By using the Services, you represent and warrant that you are at least eighteen (18) years old and have the legal capacity to enter into these Terms. If you are under eighteen (18) years old, you are not permitted to use any part of the Services for any reason.

3. Description of Services

GIARRATANA provides real estate development services and uses the Site to showcase its portfolio of projects, provide information about current and upcoming developments, and facilitate inquiries from prospective buyers, investors, and partners. The content on the Site is for general informational purposes only and does not constitute an offer to sell, a solicitation of an offer to buy, or a recommendation for any real estate transaction.

4. Use of the Site

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Services in any way that violates any applicable federal, state, local, or international law or regulation.
• Use the Services for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.
• Transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation without our prior written consent.
• Impersonate or attempt to impersonate GIARRATANA, a GIARRATANA employee, another user, or any other person or entity.
• Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm GIARRATANA or users of the Services, or expose them to liability.
• Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services.

5. Intellectual Property Rights

The Services and all of their contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, design, selection, and arrangement thereof) are owned by GIARRATANA, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The GIARRATANA name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of GIARRATANA or its affiliates or licensors. You must not use such marks without the prior written permission of GIARRATANA. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site, except as generally and ordinarily permitted through the Services according to these Terms.

6. User Submissions

Any information, communications, or material of any type or nature that you submit to the Site or transmit to us by email or otherwise (collectively, "Submissions") is done at your own risk and without any expectation of privacy. We cannot control the actions of other users of the Services and are not responsible for any content or Submissions contained in any content.

By submitting any Submission to us, you agree that: (a) your Submission does not contain confidential or proprietary information; (b) we are not under any obligation of confidentiality, express or implied, with respect to the Submission; (c) we may use or disclose (or choose not to use or disclose) the Submission for any purpose, in any way; and (d) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances.

7. Disclaimers

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER GIARRATANA NOR ANY PERSON ASSOCIATED WITH GIARRATANA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES.

Without limiting the foregoing, neither GIARRATANA nor anyone associated with GIARRATANA represents or warrants that the Services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the Services or the server that makes them available are free of viruses or other harmful components, or that the Services will otherwise meet your needs or expectations.

All information provided on the Site regarding real estate properties, including but not limited to pricing, square footage, floor plans, renderings, amenities, and availability, is subject to change without notice and does not constitute a binding offer. Renderings and images are artist's conceptions and may not accurately reflect the final product.

GIARRATANA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GIARRATANA, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

9. Indemnification

You agree to defend, indemnify, and hold harmless GIARRATANA, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, any use of the Site's content, services, and products other than as expressly authorized in these Terms.

10. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or related to them, their subject matter, or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Tennessee, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Tennessee, in each case located in Davidson County, Tennessee. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

11. Dispute Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof ("Dispute"), the parties shall first attempt in good faith to settle the Dispute by negotiation. If the Dispute is not resolved within thirty (30) days of written notice, either party may pursue resolution in the courts specified in Section 10.

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

12. Termination

We may terminate or suspend your access to all or part of the Services, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in violation of these Terms, or is harmful to the interests of another user, a third-party provider, a service provider, or us. Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary, and the remaining provisions of these Terms will continue in full force and effect.

14. Entire Agreement

These Terms, together with the Privacy Policy, constitute the sole and entire agreement between you and GIARRATANA regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

15. Contact Information

If you have any questions about these Terms of Use, please contact us at: