Terms and Conditions for Black Creek Chattanooga Website:

1. Introduction and Acceptance
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Welcome to the Black Creek Chattanooga website. By accessing or using this website, you agree to be bound by these Terms and Conditions ("Terms"), which together with our Privacy Policy govern Black Creek Chattanooga's relationship with you in relation to this website. If you disagree with any part of these Terms, please do not use our website.

2. Definitions

"Black Creek Chattanooga," "we," "us," or "our"refers to the owners, developers, and management of the Black Creek Chattanooga luxury housing development and community.

"Website" refers to the website located at blackcreekliving.com, including all content, features, and services offered through the website.

"User," "you," or "your" refers to the person accessing or using the Website.

"Content" includes text, images, photos, audio, video, graphics, and all other forms of information or data.

3. Intellectual Property Rights

Unless otherwise stated, Black Creek Chattanooga and/or its licensors own the intellectual property rights for all material on the Website. All intellectual property rights are reserved. You may view and/or print pages from the Website for your own personal use subject to restrictions set in these Terms.

You must not:

• Republish material from this Website without proper attribution
• Sell, rent, or sub-license material from the Website
• Reproduce, duplicate, or copy material from the Website for commercial purposes
• Redistribute content from this Website (unless content is specifically made for redistribution)

4. Property Information and Listings

4.1 Accuracy of Information
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‍While we strive to provide accurate information about our properties, amenities, and community, all content on the Website is provided for informational purposes only. Property details, pricing, availability, amenities, and specifications are subject to change without notice and should be confirmed with our sales team.

4.2 Renderings and Images

Architectural renderings, virtual tours, photographs, videos, simulated views, floor plans,site plans, and landscaping shown on the Website may be artist's or architectural conceptions and may not reflect the actual completed development or property.

4.3 No Guarantee of Availability

The presence of any property, home, or lot on our Website does not guarantee its availability. All sales are subject to contract approval, prior sale, and availability.

5. User Conduct and Prohibited Activities

When using our Website, you agree not to:• Violate any applicable local, state, national, or international law
• Submit false or misleading information
• Engage in conduct that is harmful, threatening, abusive, harassing, or defamatory
• Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity
• Interfere with or disrupt the operation of the Website or servers
• Attempt to gain unauthorized access to the Website, user accounts, or computer systems
• Use any data mining, robots, or similar data gathering and extraction methods
• Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation

6. User Accounts and Communication

If you create an account on our Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account.

6.2 Communication Preferences

By creating an account or submitting an inquiry through our Website, you consent to receive communications from us, including emails, texts, and phone calls regarding your interest in our properties. You may opt out of these communications at any time by following the unsubscribe instructions or contacting us directly.

7. Third-Party Links and Services

Our Website may contain links to third-party websites or services that are not owned or controlled by Black Creek Chattanooga. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Black Creek Chattanooga shall not be responsible or liable, directly or indirectly,for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

8. Limitation of Liability

To the fullest extent permitted by applicable law, Black Creek Chattanooga shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website; (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website; and(iv) unauthorized access, use, or alteration of your transmissions or content,whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.

9. Fair Housing Policy

Black Creek Chattanooga is committed to complying with all federal, state, and local fair housing laws. We do not discriminate in the sale, rental, and financing of housing, or in the provision of housing services, based on race, color,national origin, religion, sex, familial status, or disability, or any other characteristic protected by applicable law.

10. Disclaimer of Warranties

The Website is provided "as is" and "as available" without any representations or warranties, express or implied. Black Creek Chattanooga makes no representations or warranties relating to the Website or the information and materials provided on the Website.

Without prejudice to the generality of the foregoing, Black Creek Chattanooga does not warrant that:

• The Website will always be available, uninterrupted, or error-free
• The information on the Website is complete, true, accurate, or non-misleading

11. Indemnification

You agree to defend, indemnify, and hold harmless Black Creek Chattanooga, 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 Website.

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to its conflict of law provisions. Any dispute arising from or related to these Terms or your use of the Website shall be subject to the exclusive jurisdiction of the state and federal courts located in Hamilton County, Tennessee.

13. Changes to Terms

Black Creek Chattanooga reserves the right to modify or replace these Terms at anytime at our sole discretion. We will provide notice of any material changes by posting the new Terms on the Website and updating the "Last Updated"date. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms.

14. Contact Information

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

Black Creek Chattanooga
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4700 Cummings Circle
Chattanooga, TN 37419
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423-822-2582

15. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Last Updated: 03/31/25