Terms of Use

Giarratana, LLC ("Giarratana," "we," "us," or "our") oversees this website, primecondosnashville.com ("Site") and related services (collectively, our "Services"). These Terms of Use ("Terms") are applicable to you ("user(s)," "you," or "your") and govern your access to and use of the Services, as well as any information, text, graphics, photos, or other material uploaded, downloaded or appearing on the Services. The Terms contained herein apply to all users of this Site and our Services.

Read these Terms carefully before you begin using this Site. BY ENTERING, ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THE SITE, ITS SERVICES, AND THE CONTENT AVAILABLE HEREIN, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS.

Access to the Services is intended only for users located within the United States. Giarratana makes no representation or warranty of any kind that use of this Site outside of the United States is lawful or permissible. Those who access this Site from other jurisdictions are responsible for their compliance with local laws pertaining to the use of this Site. The Services are also not intended for use by minors. By using the Services, you represent and warrant that you are eighteen (18) years of age or older.

1. Use of the Site and the Services

When you use our Services, you may choose to provide your name, telephone number(s), and e-mail as well as and other personally identifiable information ("Personal Information"). By providing such information, you acknowledge and agree that we may, and you specifically authorize us or permitted third parties, to process all requests and transactions related to this Site and its operation. You further agree, represent, warrant, and guarantee that all Personal Information provided by you, either through our Site or when speaking to a Giarratana representative over the phone, is true, accurate, complete, up-to-date, and solely yours. You may not impersonate, imitate, or pretend to be somebody else when providing information.

a. Limitations on Use

The Site may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national, and foreign laws, treaties, and regulations in connection with your use of the Site and their content. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Site:

• In any manner transmit or submit any content to which you do not have the lawful right to copy, transmit, and display
• In any manner transmit or submit any content that infringes the intellectual property rights or violates the privacy rights of any third party
• In any manner transmit or submit harmful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, obscene, indecent, vulgar, lewd, violent, hateful, or otherwise objectionable content or material
• Copy, reproduce, republish, upload, post, transmit, or distribute the Services, the Site, or any content thereof
• Share or sell information derived from or related to the Services, the Site, or any content thereof
• Modify, translate, alter, adapt, decompile, disassemble, reproduce, distribute, or display, or create derivative works based on the Services, the Site, or any content thereof
• Circumvent, disable, or otherwise interfere with security-related features on the Site
• Use the Services to collect or store Personal Information about other users
• Transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation
• Attempt to probe, scan, or test the vulnerability of any system or network operated by us
• Attack the Site via a denial-of-service attack or otherwise attempt to interfere with the proper working of the Site
• Transmit or upload any material that contains viruses, trojan horses, worms, or any other harmful programs

ANY ATTEMPT TO DO ANY OF THE FOREGOING PROHIBITED ACTS OR TO OTHERWISE UNDERMINE THE OPERATION OF THE SERVICES OR SITE MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW.

b. User Feedback and Suggestions

All feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered to Giarratana in connection with your use of the Site (collectively, "Feedback") will be Giarratana's property. Such disclosure, submission, or offer of any Feedback will constitute an assignment to Giarratana of all worldwide rights, titles, and interests in all copyrights and other intellectual property in the Feedback.

c. Updates; Outages; and Suspension

It may be necessary for Giarratana to perform scheduled or unscheduled repairs, maintenance, or upgrades and such activities may temporarily degrade the quality of the Site or Services or result in a partial or complete outage of the Site or Services. Giarratana provides no assurance that you will receive advance notification of such activities or that the Site or Services will be uninterrupted or error-free. Furthermore, Giarratana may suspend the Services at any time, in its sole and absolute discretion.

d. Links to Third-Party Websites

This Site may contain links to other websites on the Internet, which are not maintained by us. When you leave the Site, you do so at your own risk. By providing a link to a third-party website, we are not endorsing or attempting to associate with any other entity. Other websites are not under our control, and you acknowledge that we shall not be responsible or liable for any of the content or information from a third-party website.

e. Reliance on Information Posted

We reserve the right to modify the Site in our sole discretion without notice. The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place, or decisions you make, on such information is strictly at your own risk.

2. Intellectual Property

The Site, including all text, images, designs, graphics, content, source code, object code, data, features, functionality are owned by us, our licensors, or other providers of such materials. This material, collectively, is protected by United States copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All of the Site's content is copyrighted material and is protected by the Copyright Act of 1976. You are not permitted to republish, reproduce, transmit, transfer, prepare derivative versions or works, or otherwise use any content on this Site without our prior, express, and written permission.

You do not and will not acquire any intellectual property rights in the Site by your use of the Site. Subject to your compliance with the terms and conditions of these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license, without the right to sublicense, to access and use the Site and to download and print any content provided by us, solely for your personal and non-commercial purposes.

3. Disclaimer of Warranties

THE SITE AND ALL INFORMATION CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND.

GIARRATANA, TOGETHER WITH ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES, HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY AND NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTIES OF ANY KIND REGARDING THE SITE OR INFORMATION FOUND ON THE SITE. WE DO NOT WARRANT THAT THE SITE WILL BE OPERATIONAL, SECURE, ERROR-FREE, OR VIRUS FREE. TO THE EXTENT ANY JURISDICTION DOES NOT PERMIT US TO DISCLAIM WARRANTIES IN THESE WAYS, WE DISCLAIM WARRANTIES TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

4. Disclaimers Related to the Prime Property

In addition to these Terms of Use, any Prime property and architectural drawings, plans, specifications, property information, and development-related content displayed on this website are subject to separate legal disclaimers and disclosures, which are incorporated herein by reference. By accessing the content on this Site, you accept and acknowledge the Prime Disclaimers. The architectural and property-related information provided on this Site is for general informational purposes only and should not be relied upon without independent verification and professional consultation. See our Disclaimers page for full details.

5. Your Security

You are responsible for implementing sufficient procedures and security mechanisms to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to and separate from this Site to reconstruct any lost data.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Site or to your downloading of any material posted on them, or on any third-party website linked to them.

6. Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE GIARRATANA, TOGETHER WITH ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES, FROM ALL LIABILITY ASSOCIATED WITH YOUR USE OF THE SITE AND THE SERVICES.

You acknowledge that you are responsible for any actions you take while on the Site. You recognize that your use of the Site and any subsequent actions arising from your use of the Site are taken solely at your own risk.

IN NO EVENT WILL GIARRATANA 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 SITE AND THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. NO CAUSE OF ACTION, REGARDLESS OF FORM, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE SERVICES MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER SUCH ACTION HAS ACCRUED.

7. Indemnification

You will indemnify, defend, and hold harmless Giarratana, our licensors and affiliates, and our and their respective directors, officers, employees, contractors, agents, and representatives, from and against any and all claims, causes of action, demands, liabilities, losses, costs, or expenses (including, but not limited to, reasonable attorneys' fees and expenses) arising out of, in connection with, or resulting from:

• Your access to or use of the Site, including but not limited to its Services and its content
• Your violation of any of the provisions of these Terms
• Any activity related to your use of the Site and Services by you or any other person accessing the Site and Services on your behalf
• Your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right

8. Our Compliance with COPPA

THE SITE IS NOT INTENDED FOR USERS WHO ARE YOUNGER THAN THIRTEEN (13) YEARS OF AGE. You can learn more about our compliance with the Children's Online Privacy Protection Act ("COPPA") by reviewing our Privacy Policy. Moreover, if you are under 18 years of age, you should not provide any personally identifiable information on our Site without the knowledge and permission of your parent or guardian.

9. Governing Law and Venue

These Terms shall be governed by and construed in accordance with the laws of the State of Tennessee and applicable federal laws of the United States, without giving effect to any principles of conflicts of law. You hereby consent to the exclusive jurisdiction and venue of the federal and state courts located in Davidson County, Tennessee, within the Middle District of Tennessee, for any action arising out of or relating to these Terms of Use.

10. Severability and Waiver

If any provision hereof is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity so that the remainder of that provision and all remaining provisions will continue in full force and effect. No waiver by us of any term or condition set forth herein shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.

11. Relationship

No joint venture, partnership, employment, or agency relationship exists between you and Giarratana as a result of the Terms or use of the Services.

12. Force Majeure

No party to these Terms will be liable to the other party for any failure to perform any of its obligations, except payment obligations, under the Terms during any period in which such performance is delayed by circumstances beyond its reasonable control, including, but not limited to, fire, flood, war, embargo, strike, riot, unavailability of the Internet, or the intervention of any governmental authority.

13. Changes to the Terms of Use

We will make changes to these Terms from time to time. The date that these Terms were last revised is identified at the top of the page. You are responsible for ensuring that you periodically visit our Site and these Terms to check for any changes. Your continued use of the Site and Services will constitute acceptance of, and agreement to, the revised Terms.

14. Entire Agreement

These Terms, together with the Privacy Policy and the Prime Disclaimers, comprise the entire agreement between you and Giarratana and supersede all prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between you and Giarratana regarding such subject matter. BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, AND YOU AGREE TO BE BOUND BY ALL APPLICABLE TERMS AND CONDITIONS AS THEY MAY BE AMENDED FROM TIME TO TIME.

15. Contact Us

To ask questions or comment about these Terms, you may contact us at: