Terms & Conditions

These Terms and Conditions ("Terms") govern your access to and use of the Everstead at Eufaula website (the "Site"), operated by the owner and developer of Everstead at Eufaula and its affiliates (collectively, "Everstead," "we," "us," or "our"). By accessing or using the Site, you agree to these Terms. If you do not agree, do not use the Site.

1. Not an Offer of Securities; Not Investment Advice

Nothing on this Site is an offer to sell, or a solicitation of an offer to buy, any security, investment contract, partnership interest, membership interest, fund interest, note, or other financial instrument. No such offer or solicitation will be made through this Site. Any offering of securities, if ever made, would be made only to qualified persons by means of separate, formal offering documents and only in compliance with applicable federal and state securities laws.

• The Site is not investment, financial, legal, tax, accounting, or real estate advice, and must not be relied upon as such.
• Nothing on the Site is a recommendation to buy, sell, lease, or hold any property or investment.
• Statements about the community, its future phases, construction, values, rents, demand, or the Eufaula area are not representations of any return, appreciation, income, or financial outcome.
• No content on the Site has been reviewed, approved, or passed upon by the U.S. Securities and Exchange Commission, any state securities regulator, or any other governmental authority.
• You should consult your own independent attorney, accountant, financial advisor, and real estate professional before making any decision.

2. Not an Offer to Sell or Lease Real Estate

The Site is for general informational and marketing purposes only. It is not an offer to sell, lease, or pre-lease any real property, and no contract, lease, reservation, or option is created by viewing the Site or submitting a form. Any purchase or lease will be governed solely by a separate written agreement signed by all parties. Where required by law, this Site is not an offer in any jurisdiction where prior registration or qualification is required and has not been completed.

3. Information Subject to Change; No Warranty of Accuracy

Prices, rents, floor plans, square footage, features, finishes, amenities, availability, phases, timelines, travel times, renderings, and photographs are approximate, illustrative, and subject to change or withdrawal at any time without notice. Photographs may depict model homes, upgraded features, or staging not included in the standard price. Square footage is estimated and may vary. We make no representation or warranty that information on the Site is complete, current, or error-free.

4. Forward-Looking Statements

The Site may include statements about future plans, such as future phases, single-family homes, construction completion, or community development. These are forward-looking statements based on current expectations and are subject to risks, uncertainties, and factors outside our control. Actual results may differ materially. We undertake no duty to update them.

5. Inquiry Forms and Communications

Submitting a pre-lease or contact form does not reserve, hold, or guarantee any home, price, or move-in date, and does not create any obligation on you or us. By submitting a form, you consent to being contacted by us by phone, email, or text regarding Everstead. You agree to provide accurate information. We use the information you submit only to respond to your inquiry and communicate with you about Everstead, and we do not sell it.

6. Fair Housing and Equal Opportunity

Everstead is committed to compliance with the federal Fair Housing Act and all applicable state and local fair housing laws. We do not discriminate on the basis of race, color, religion, sex, disability, familial status, national origin, or any other protected characteristic. Leasing and sales are subject to standard, uniformly applied screening criteria.

7. No Broker or Agency Relationship

Use of the Site does not create an agency, fiduciary, brokerage, or advisory relationship between you and Everstead or any of its partners, contractors, or affiliates.

8. Intellectual Property

The Site and its content, including the Everstead name, interlocking "E" logo, text, photographs, and design, are owned by or licensed to Everstead and are protected by copyright, trademark, and other laws. You may view the Site for personal, non-commercial use only. You may not copy, reproduce, modify, distribute, or create derivative works without our prior written consent.

9. Acceptable Use

• Do not use the Site for any unlawful purpose or to submit false, misleading, or harmful information.
• Do not attempt to gain unauthorized access to, interfere with, or disrupt the Site or its systems.
• Do not use automated tools to scrape, harvest, or collect data from the Site.

10. Third-Party Links and Partners

References to third parties, including the City of Eufaula, contractors, lenders, or other partners, are for information only and do not imply endorsement, guarantee, or liability by those parties or by us. We are not responsible for the content of third-party websites.

11. Disclaimer of Warranties

THE SITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR UNINTERRUPTED OPERATION, TO THE FULLEST EXTENT PERMITTED BY LAW.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, EVERSTEAD AND ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR ANY LOSS OF PROFITS, INVESTMENT, DATA, OR OPPORTUNITY, ARISING FROM OR RELATED TO YOUR USE OF OR RELIANCE ON THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SITE WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).

13. Indemnification

You agree to indemnify and hold harmless Everstead and its owners, affiliates, and representatives from any claims, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from your use of the Site or your violation of these Terms.

14. Governing Law and Venue

These Terms are governed by the laws of the State of Alabama, without regard to conflict-of-law principles. Any dispute relating to the Site will be brought exclusively in the state or federal courts located in Alabama, and you consent to their jurisdiction.

15. Changes to These Terms

We may update these Terms at any time by posting a revised version on the Site. Your continued use of the Site after changes are posted constitutes acceptance of the updated Terms.

16. Severability; Entire Agreement

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect. These Terms are the entire agreement between you and us regarding the Site.

17. Contact

Questions about these Terms may be directed to nschneider@ancientcitycapital.com or 334-232-7181.