Terms of Service

1. Acceptance of Terms

By accessing or using any services provided by Pass Creek Holdings LLC (“Pass Creek,” “we,” “us,” or “our”), including our website, property listings, campus facility use, coworking memberships, and property inquiries, you agree to be bound by these Terms of Service. Pass Creek Holdings LLC is an affiliated entity of Black Hills Consortium and its affiliated entities. If you do not agree to these terms, please do not use our services.

2. Use License

Permission is granted to temporarily access the materials on Pass Creek’s website for personal, non-commercial transitory viewing only. This license does not include: modifying or copying materials; using materials for any commercial purpose or public display; attempting to decompile or reverse-engineer any software on the website; removing any copyright or proprietary notations; or transferring materials to another person. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Pass Creek at any time.

3. Property Viewing & Listing Disclaimers

Pass Creek provides property listings, campus information, and facility descriptions for informational purposes. Please note the following:

• Accuracy of listings: While we strive to provide accurate and up-to-date property information, all listings, descriptions, photographs, floor plans, and specifications are approximate and provided for general informational purposes only. Property details are subject to change without notice.
• Property viewings: Visitors to campus properties and facilities do so at their own risk. Pass Creek is not liable for any injuries, damages, or losses sustained during property viewings, campus tours, or site visits. Visitors must comply with all posted safety guidelines and staff instructions.
• No guarantees: Information about property values, investment returns, rental income, occupancy rates, or appreciation projections is provided as estimates only and does not constitute a guarantee. Real estate investments carry inherent risks.
• Construction areas: The Grow Campus is an active development site. Certain areas may be under construction or renovation. Visitors must observe all safety barriers, signage, and staff direction in and around construction zones.

4. Investment Property Descriptions

Any information on our website or in our materials regarding investment opportunities, property valuations, projected returns, or financial performance is provided for informational purposes only and does not constitute an offer to sell securities, a solicitation of an offer to buy securities, or investment advice. All investment decisions should be made in consultation with qualified legal, financial, and tax advisors. Past performance is not indicative of future results. Real estate values may fluctuate and there is no guarantee that any property will appreciate in value.

5. Campus Facility Use

Use of Grow Campus facilities — including coworking spaces, meeting rooms, THE BARN studio, event spaces, and common areas — is subject to the following terms:

• Coworking memberships: Coworking access is provided under separate membership agreements. Memberships are non-transferable unless explicitly authorized. Pass Creek reserves the right to modify membership terms, pricing, or available amenities with 30 days’ notice.
• Facility rules: All campus users must comply with posted facility rules, including noise policies, parking regulations, shared space etiquette, and guest policies. Pass Creek reserves the right to revoke access for repeated violations.
• Liability: Users of campus facilities are responsible for their own personal property and assume all risks associated with facility use. Pass Creek is not liable for loss, theft, or damage to personal property on campus premises.
• Hours and access: Facility hours and access levels vary by membership tier and booking type. Pass Creek reserves the right to close facilities for maintenance, events, or emergencies with reasonable notice.

6. Lease & Rental Disclaimers

Information about available rental units, lease terms, pricing, and housing options on our website is provided for general informational purposes only and does not constitute a binding offer to lease. All lease and rental agreements are governed by separate written contracts executed between Pass Creek Holdings LLC and the tenant. Rental pricing, availability, and terms are subject to change without notice until a formal lease agreement is fully executed. Pass Creek complies with all applicable South Dakota landlord-tenant laws and fair housing regulations.

7. Content & Intellectual Property

All content on this website — including but not limited to text, graphics, logos, images, photographs, renderings, floor plans, video, and software — is the property of Pass Creek Holdings LLC or its content suppliers and is protected by United States and international copyright laws. Property photographs and campus renderings may not be reproduced without written permission.

8. Disclaimer of Warranties

Pass Creek’s services, website, and property information are provided on an “as is” and “as available” basis. Pass Creek makes no warranties, expressed or implied, and hereby disclaims all warranties including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Pass Creek does not warrant that property information is accurate, complete, or current, or that any investment will achieve particular financial returns.

9. Limitation of Liability

In no event shall Pass Creek Holdings LLC, Black Hills Consortium, or any of their affiliated entities, officers, directors, employees, or agents be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of our services, reliance on property information, investment decisions, or use of campus facilities. This includes, without limitation, damages for loss of profits, data, goodwill, or other intangible losses, even if Pass Creek has been advised of the possibility of such damages.

10. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of South Dakota. Any disputes arising under these terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Custer County, South Dakota.

11. Changes to Terms

Pass Creek reserves the right to update or modify these Terms of Service at any time without prior notice. Changes will be effective immediately upon posting to our website. Your continued use of our services following any changes constitutes acceptance of the revised terms.

12. Contact

If you have questions about these Terms of Service, please contact us at legal@blackhillsconsortium.org.