Terms and Conditions of Use

Terms and Conditions of Use

  • Terms & Conditions

This website is provided by Big Canoe® Company, LLC (hereinafter referred to as “Big Canoe”). This website may be used for informational purposes only. By using this website or downloading materials from it, you (you and all other visitors to this website hereinafter referred to as “Users”) agree to abide by these terms and conditions (hereinafter referred to as “Terms”) set forth below. If Users do not agree to abide by these Terms, please do not use this website or download materials from this website.

Disclaimer

BIG CANOE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS CONTAINED ON THIS WEBSITE. BIG CANOE MAY CHANGE ANY CONTENT OF THIS WEBSITE AT ANY TIME WITHOUT NOTICE. BIG CANOE CANNOT GUARANTEE THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THIS WEBSITE AS SUCH INFORMATION MAY CONTAIN ERRORS, INCLUDING, WITHOUT LIMITATION, TYPOGRAPHICAL ERRORS OR INACCURACIES RESULTING FROM TECHNICALITIES OF OPERATING THIS WEBSITE. THE USER UNDERSTANDS THAT BECAUSE THE CONTENT PRESENTED ON THIS WEBSITE IS SUBJECT TO CHANGE FROM TIME TO TIME AND AT ANY TIME, WITHOUT NOTICE, THE USER CANNOT RELY UPON THE INFORMATION, PRICE LISTS, SITE PLANS, OR OTHER INFORMATION CONTAINED ON THIS SITE AS CURRENT OR ACCURATE. THIS WEBSITE DOES NOT CONSTITUTE AN OFFER TO CONTRACT.

THE MATERIALS CONTAINED IN THIS WEBSITE ARE PROVIDED TO THE USER ON AN “AS IS” BASIS AND BIG CANOE DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. IN ANY JURISDICTION WHERE SUCH WARRANTIES CANNOT BE DISCLAIMED, IN WHOLE OR IN PART, BY APPLICABLE LAW, THE DISCLAIMER SHALL APPLY TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW. AS A RESULT, THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU BASED UPON APPLICABLE LAW.

Limitation of Liability

IN NO EVENT SHALL BIG CANOE OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING IN ANY WAY FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE OR ITS CONTENT AND MATERIALS, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES.

BIG CANOE SHALL NOT BE LIABLE FOR SUCH DAMAGES EVEN IF BIG CANOE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY JURISDICTION WHERE LIABILITY CANNOT BE LIMITED, IN WHOLE OR IN PART, BY APPLICABLE LAW, THE DISCLAIMER SHALL APPLY TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW. AS A RESULT, THE ABOVE LIMITATION MAY NOT APPLY TO YOU BASED UPON APPLICABLE LAW.

Sales Disclaimers

The material on this website shall not constitute an offer in any jurisdiction where prior registration is required. Artist’s renderings, prices, photos, concept plans, floor plans, planned amenities, and unit features are based upon current development plans that are subject to change without notice. The materials regarding the residential product on this website shall not be deemed as a representation of what is contained within the applicable governing documents for the residential community featured on this website. All area measurements, space dimensions and heights are approximate and are subject to change at any time without notice. Users should not rely upon the information contained on this website in accordance with making decisions as to purchasing or leasing of real estate. Use of amenities described on this website may be subject to membership requirements and additional fees.

Equal Housing Opportunity

Big Canoe is committed to equal housing opportunity and to advertising and marketing product that does not obstruct the obtaining of housing due to race, color, religion, sex, handicap, familial status or national origin. Each real estate prospect that is described on this website presents an EQUAL HOUSING OPPORTUNITY.

Intellectual Property

All materials on this website shall be deemed to be the intellectual property (i.e., copyright, trademark, trade dress, service mark or other intellectual property right) of Big Canoe or its affiliates or by third parties that have granted their permission to display these materials on this website. The materials and presentation of this website are the exclusive property of Big Canoe and may be protected by U.S. and international copyright laws. Big Canoe reserves all intellectual property rights in all of the content appearing on this website. Users shall not obtain any right, title or interest in or to any of the materials on this website as a result of accessing, printing or downloading such materials. The copying, modifying, distributing, transmitting, displaying, publishing, reproducing, or creating of derivative works from the information contained on this website is prohibited unless expressly authorized in writing by Big Canoe.

Applicable Law and Venue

The laws of the State of Georgia and the United States of America shall govern these Terms. All Users hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of Georgia in the United States of America for any claims arising from or relating to the use of this website. All Users further hereby waive any objection to the venue of such claims in the courts of the State of Georgia of the United States of America.

Indemnification

User agrees to defend, indemnify and hold Big Canoe harmless from and against any and all liability, claims, damages, costs and expenses, including attorneys’ fees, arising from or related to use of the website.

General Provisions

These Terms represent the complete statement of the Terms and Conditions of Use, and they supersede any and all prior statements of the Terms and Conditions of Use. If any provision in these Terms is held to be invalid or unenforceable for any reason, the enforceability of the remainder of these Terms shall not be affected, and these Terms shall remain in full force and effect. The failure by Big Canoe to insist upon compliance by User with these Terms shall not limit Big Canoe’s rights with respect to subsequent breaches of compliance of these Terms by User.

Privacy Statement

Big Canoe reserves the right to collect all information which is routinely available through User’s access of the website such as the frequency of Users visiting the site, which pages are viewed and for what length of time, the internet service provider of Users, and the location of the Users. All of this information is valuable to Big Canoe and will be retained for the purposes of improving its website and the product featured on this website, developing effective marketing strategies, project planning, as well as for other purposes in Big Canoe’s sole discretion. Big Canoe cannot guarantee that information transmitted through this website will remain confidential or secure. By using this website, you consent to Big Canoe’s collection and use of information as described in this Privacy Statement.

Subject to Change

The information set forth in this website as well as these Terms are subject to change from time to time and at any time. Big Canoe may revise the content of this website or these Terms at any time. Big Canoe may terminate this website or these Terms at any time in its sole discretion. You should visit this page to review the current Terms of Use because they are binding on you. Your use of this website following any change in these Terms constitutes your agreement to be bound by these Terms as revised. If any revisions of these Terms are not acceptable to you, your only recourse is to terminate your use of this website.