Terms of Use

Last Updated: May 31, 2023

1. INTRODUCTION

These Terms of Use (the “Terms”) set forth a legally binding
agreement between you and 550 At Lytle Park (“550”, “we”, “us”) and
govern your use of 550atlytlepark.com (the “Site”). By using the Site,
you are bound by these Terms, including the binding arbitration
terms and waiver of class actions and jury trials in Section 9, the Site’s
Privacy Policy, and any additional or different terms and/or
conditions that may apply to your use of the Site or to a service or
product offered via the Site (in each such instance and collectively,
“Additional Terms”). If you do not wish to be bound by these Terms,
and any applicable Additional Terms, do not use the Site.

These Terms are subject to change without notice. When such a
change is made, we will update the “Last Updated” date at the top of
this page. Your continued use of the Site constitutes your agreement
to be bound by these Terms.

2. USE OF THE SITE

A. Content. The Site may contain (i) materials and other items
relating to 550 and its services including layout, information,

databases, articles, posts, text, data, files, images, scripts, designs,
graphics, instructions, illustrations, photographs, sounds, pictures,
videos, advertising copy, URLs, technology, software, interactive
features, and the “look and feel” of the Site such as the selection,
compilation, assembly, arrangement, and enhancement of the Site;
(ii) trademarks, logos, trade names, trade dress, service marks, and
trade identities of various parties, including those of 550 At Lytle
Park; and (iii) other forms of intellectual property (all of the foregoing,
collectively, the “Content”). All rights, title, and interest in and to the
Content available via the Site is the property of 550 At Lytle Park, our
licensors, or certain other third parties, and is protected by U.S. and
international copyright, trademark, trade dress, patent, and/or other
intellectual property and unfair competition rights and laws to the
fullest extent possible.

B. Limited License. Subject to your strict compliance with these
Terms, 550 At Lytle Park grants you a limited, non-exclusive,
revocable, non-assignable, personal, and non-transferable license to
download, display, view, use, or play the Content on a personal
device, and retain one copy of the Content as it is displayed to you for
your personal, non-commercial use only. The foregoing limited
license does not give you any ownership of, or any other intellectual
property interest in, any Content, which may be immediately
suspended or terminated for any reason, in 550’s sole discretion, and
without advance notice or liability. Your unauthorized use of the
Content may violate copyright, trademark, privacy, publicity,
communications, and other laws, and any such use may result in
your personal liability, including potential criminal liability.

C. Reservation of All Rights. All rights not expressly granted to you
are reserved by 550 and its licensors and other third parties. No right
or license may be construed, under any legal theory, by implication,
estoppel, industry custom, or otherwise. Any unauthorized use of any
Content or the Site for any purpose is prohibited.

D. Site Content Accuracy. 550 will use reasonable efforts to include
accurate and current information on the Site, but there may be
occasions when information on the Site contains typographical
errors, inaccuracies, or omissions that may relate to descriptions,
pricing, availability, and other matters. 550 reserves the right to
correct any errors and to update Site information at any time. We
apologize for any inconvenience such errors may cause you.
E. Availability of Site and Content. 550 may immediately suspend or
terminate the availability of the Site and Content (and any elements
and features of them), in whole or in part, for any reason, in 550 ’s
sole discretion, and without advance notice or liability.

F. Restrictions and Prohibited Uses. You agree that, except as
otherwise authorized, you will not:

• Use the Site for any commercial or political purpose (including,
without limitation, for purposes of collecting prices).
• Engage in any activities through or in connection with the Site that:
harm, or attempt to harm, any individuals or entities; are unlawful,
offensive, obscene, lewd, lascivious, violent, threatening, harassing,
scandalous, inflammatory, pornographic, profane, abusive; violate
any right of any third party; could constitute or encourage conduct
that would be considered a criminal offense, give rise to civil liability,
or otherwise violate any law; or are otherwise objectionable to 550 .
• Decompile, disassemble, reverse engineer, or attempt to
reconstruct, identify, or discover any source code, underlying ideas,
underlying user interface techniques, hidden text, or algorithms of
the Site by any means whatsoever or modify any software (in either
object code or source code) or other products, services, or processes
accessible through any portion of the Site.
• Engage in any activity that interferes with a user’s access to the Site

or the proper operation of the Site, or otherwise causes harm to the
Site, 550 , or other users of the Site.
• Interfere with or circumvent any security feature (including any
digital rights management mechanism, device, or other content
protection or access control measure) or any other feature that
restricts or enforces limitations on use of or access to the Site or the
Content.
• Harvest, scrape, or otherwise collect or store any information,
including personal information, from the Site.
• Attempt to gain unauthorized access to the Site or other computer
systems or networks connected to the Site; attempt to probe, scan,
or test the vulnerability of a system or network; or attempt to breach
security or authentication measures without proper authorization.
• Use the Site to transmit information that is in any way false,
fraudulent, or misleading.
• Monitor, gather, copy, or distribute the Content (except as may be a
result of standard search engine activity or use of a standard
browser) by using any robot, rover, bot, spider, scraper, crawler,
spyware, engine, device, software, extraction tool, or any other
automatic device, utility, or manual process of any kind.
• Frame or utilize framing techniques to enclose any Content
(including any images, text, or page layout).
• Remove any copyright, trademark, or other intellectual property or
proprietary notices or legends contained in the Content;
• Copy, modify, reproduce, archive, sell, lease, rent, exchange, create
derivative works from, publish by hard copy or electronic means,
publicly perform, display, disseminate, distribute, broadcast,
retransmit, circulate, or transfer to any third party or on any third-
party application or website, or otherwise use or exploit the Content
in any way for any purpose except as specifically permitted by these
Terms or with the prior written consent of 550 .
• Insert any code or product to manipulate the Content in any way
that adversely affects the Site or attempt to interfere with service to
any user, host, or network.

• Otherwise violate these Terms.

You may send messages about 550 to your friends using a tool we
provide on the Site; in sending such messages, you represent that
you are authorized to provide that individual’s contact information.

We grant you a limited, non-exclusive, revocable, non-assignable,
personal, and non-transferable license to create hyperlinks to the
Site, so long as: (i) the links only incorporate text and do not use any
Trademarks; (ii) the links and the content on your website do not
suggest any affiliation with 550 or cause any other confusion; (iii) the
links and the content on your website do not portray 550 or its
products or services in a false, misleading, derogatory, or otherwise
offensive manner; and (iv) your website does not contain content
that is unlawful, offensive, obscene, lewd, lascivious, violent,
threatening, harassing, or abusive or that violates any right of any
third party or is otherwise objectionable to 550 . 550 reserves the
right to suspend or prohibit linking to the Site for any reason, in its
sole discretion, without advance notice or any liability of any kind to
you or any third party.

3. THIRD-PARTY INTERACTIONS

A. Third-Party Content and Websites. The Site may display, include,
or make available content, data, information, applications, or
materials from third parties or provide links to certain third-party
content that is not owned, controlled, or operated by 550 . Any
interactions, transactions, or other dealings that you engage in with
any third parties found on or through the Site are solely between you
and the third party.

By using the Site, you acknowledge and agree that 550 is not
responsible for examining or evaluating the content, accuracy,
completeness, timeliness, validity, copyright compliance, legality,
decency, quality, or any other aspect of third-party services. You
hereby agree to indemnify 550 against all claims, injury, and/or
damages arising out of your use of any third-party service.

B. Business Transactions. We reserve the right to transfer any
information we obtain through the Site in the event of a joint
venture, partnership, merger, or other collaboration with another
organization, or in the event we sell or transfer all or a portion of our
business or assets (e.g., further to a reorganization, liquidation, or any
other business transaction, including negotiations of such
transactions).

4. MARKETING MESSAGES

A. Text Messages. You may be given opportunities to subscribe to
various text marketing or other text messaging programs, which
may include messages sent by auto-dialers. These programs may
include text messages from our various businesses and affiliates, as
well as co-promotions. Your participation in any text message
program will be subject to these Terms as well as any other terms
presented to you at the time you opt in. Your consent to receive text
messages is not required to purchase any product or service.

B. Email Messages. You may modify your email marketing
communications preferences by following the instructions contained
in our promotional emails. Please allow up to 10 business days for
your request to be processed. Please note that even if you opt out of

receiving marketing communications, we may still send you
transactional emails relating to your use of the Site.

5. LIMITATION OF LIABILITY

IN NO EVENT WILL 550 , OR ITS PARENT, SUBSIDIARIES, AFFILIATES,
OFFICERS, DIRECTORS, CONSULTANTS, AGENTS, AND/OR
EMPLOYEES (COLLECTIVELY, “550 PARTIES”), OR ANY THIRD-PARTY
PROVIDER OF A SERVICE, TOOL, OR PRODUCT OFFERED THROUGH
OR IN CONNECTION WITH THE SITE (EACH A “THIRD-PARTY
PROVIDER”), BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT,
CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES
ARISING OUT OF, BASED ON, OR RESULTING FROM: (I) OUR SITE, (II)
THESE TERMS, (III) ANY BREACH OF THESE TERMS BY YOU OR A
THIRD PARTY, (IV) USE OF THE SITE, TOOLS, OR SERVICES WE OR
ANY THIRD PARTY PROVIDES THROUGH THE SITE, (V) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING
FROM ANY GOODS, DATA, INFORMATION, OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR IN CONNECTION
WITH THE SITE, AND/OR (VI) INTERACTION BETWEEN OUR SITE
AND ANY THIRD-PARTY SERVICE BY A TOOL OR SERVICE ON OUR
SITE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT
REGARD TO WHETHER THE DAMAGES ARISE FROM BREACH OF
CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, TORT,
NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM
EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED
BY APPLICABLE LAW.

As permitted by applicable law, the foregoing limitations of liability
will apply even if any of the foregoing events or circumstances were

foreseeable and even if the 550 Parties were advised of or should
have known of the possibility of such losses or damages, regardless
of whether you bring an action based in contract, negligence, strict
liability, or tort (including whether caused, in whole or in part, by
negligence, acts of god, telecommunications failure, or destruction
of the Site).

EXCEPT AS MAY BE PROVIDED IN ANY APPLICABLE ADDITIONAL
TERMS OR AS PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL
550 PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE
DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION
WITH YOUR ACCESS TO AND USE OF THE SITE, EXCEED AN
AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID 550 IN
CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE
CLAIM(S).

6. DISCLAIMERS

AS PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE
OF THE SITE IS AT YOUR SOLE RISK AND THE SITE IS PROVIDED ON
AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. EXCEPT
AS SPECIFICALLY PROVIDED HEREIN, OR AS OTHERWISE
REQUIRED BY APPLICABLE LAW, 550 PARTIES MAKE NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER,
EXPRESS OR IMPLIED, IN CONNECTION WITH OR OTHERWISE
RELATED TO THE SITE, INCLUDING CONTENT OR FOR ANY
PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES
OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE
TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE
OR ANY LINKED SERVICE. FURTHER, WE EXPRESSLY DISCLAIM ANY
EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT

LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR ACCURACY. WE DO NOT
WARRANT THAT THE FUNCTIONALITY OF THE SITE OR ANY
MATERIALS OR CONTENT CONTAINED THEREIN, WILL BE
UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES, MALICIOUS
SOFTWARE, OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO
AND FROM THIS SITE IS NOT CONFIDENTIAL AND YOUR
COMMUNICATIONS OR PERSONAL INFORMATION MAY BE READ
OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND
AGREE THAT BY SUBMITTING COMMUNICATIONS OR OTHER
CONTENT TO US AND/OR BY POSTING INFORMATION ON THE SITE
NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED, OR
OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND 550
PARTIES OTHER THAN PURSUANT TO THESE TERMS.

7. EXPANSION OR LIMITATION OF WARRANTIES AND
DISCLAIMERS

EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, NOTHING
IN THESE TERMS EXPAND OR LIMIT (I) ANY EXPRESS, WRITTEN
WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY
550 PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL
PRODUCT, BUILDING, OR LOCATION SOLD BY OR LEASED FROM
550 PARTIES TO YOU, OR ANY WARRANTY ON A PHYSICAL
PRODUCT; (II) 550 PARTIES’ LIABILITY FOR PERSONAL INJURY TO
YOU CAUSED BY 550 PARTIES; OR (III) ANY CAUSE OF ACTION YOU
MAY HAVE AGAINST 550 PARTIES THAT IS NOT WAIVABLE.

8. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless 550 Parties from
and against any and all claims, liabilities, damages, losses, costs, and
expenses (including reasonable attorneys’ fees and costs) arising out
of or in connection with any of the following: (i) your breach or
alleged breach of these Terms; (ii) your use of the Site; (iii) your
violation of any laws, rules, regulations, codes, statutes, ordinances, or
orders of any governmental or quasi-governmental authorities; (iv)
your violation of the rights of any third party, including any
intellectual property right, publicity, confidentiality, property, or
privacy right; or (v) any misrepresentation made by you. 550 Parties
reserve the right to assume, at your expense, the exclusive defense
and control of any matter subject to indemnification by you. You will
not in any event settle any claim without our prior written consent
and you agree to cooperate with our defense of any such claim.

9. DISPUTE RESOLUTION

Certain portions of this Section 9 are deemed to be a “written
agreement to arbitrate” pursuant to the U.S. Federal Arbitration Act.
You and 550 agree that that this Section 9 satisfies the “writing”
requirement of the U.S. Federal Arbitration Act. This Section 9 can
only be amended by mutual agreement.
If any controversy, allegation, or claim arises out of or relates to the
Site, the Content, these Terms, or any Additional Terms (collectively,
“Dispute”), then you and we agree to send a written notice to the
other providing a reasonable description of the Dispute, along with a

proposed resolution. Our notice to you will be sent based on the
most recent contact information that you provide us. If no such
information exists, or if such information is not current, then we have
no obligation under this Section. Your notice to us must be sent to
legal@cigcommunities.com or to:

550 At Ltyle Park
Attn: Legal
550 East Fourth St. Cincinnati, OH 45202

For a period of sixty (60) days from the date of receipt of notice from
the other party, you and 550 will engage in a dialogue to attempt to
resolve the Dispute, though nothing will require either you or 550 to
resolve the Dispute in this manner.

Arbitration. If we cannot resolve a Dispute as set forth above within
sixty (60) days of receipt of the notice, then to the fullest extent not
prohibited by applicable law, any and all disputes between you and
550 of any nature arising out of any transaction or relationship
related to this Site or these Terms shall be resolved by arbitration in
accordance with this Section. BY USING THE SITE AND AGREEING TO
ARBITRATION YOU UNDERSTAND AND AGREE THAT YOU ARE
WAIVING YOUR RIGHT TO SUE OR GO TO COURT TO ASSERT OR
DEFEND YOUR RIGHTS. You and 550 expressly delegate to the
arbitrator the authority to determine the arbitrability of any dispute,
including the scope, applicability, validity, and enforceability of this
arbitration provision.

You may begin an arbitration proceeding by sending an email to
info@cigcommunities.com or sending a letter requesting arbitration
to:

550 At Lytle Park

Attn: Legal
525 Vine St.
Suite 1605
Cincinnati, OH 45202

Disputes will be resolved solely by binding arbitration in accordance
with the then-current consumer Arbitration Rules of the American
Arbitration Association (“AAA”). If a party properly submits the
Dispute to the AAA for formal arbitration and the AAA is unwilling to
arbitrate the Dispute, then either party can elect to have the
arbitration administered by Judicial Arbitration and Mediation
Services Inc. (“JAMS”) using JAMS’ streamlined Arbitration Rules and
Procedures or by any other arbitration administration service that
you and an officer or legal representative of 550 consent to in
writing. If an in-person arbitration hearing is required, then it will be
conducted in the “metropolitan statistical area” (as defined by the
U.S. Census Bureau) where you are a resident at the time the Dispute
is submitted to arbitration. You and we will pay the administrative
and arbitrator’s fees and other costs in accordance with the
applicable arbitration rules; but if applicable arbitration rules or laws
require 550 to pay a greater portion or all of such fees and costs in
order for this Section to be enforceable, then 550 will have the right
to elect to pay the fees and costs and proceed to arbitration. The
arbitrator will (i) apply applicable law and the provisions of these
Terms and any Additional Terms; (ii) determine any Dispute
according to applicable law and facts in the record and no other
basis; and (iii) issue a reasoned award only in favor of the party
seeking relief and only to the extent such relief is warranted by that
party’s claim. This arbitration provision shall survive termination of
these Terms.

Class Action and Trial by Jury Waiver. DISPUTES WILL BE
ARBITRATED ONLY ON AN INDIVIDUAL BASIS AND WILL NOT BE
JOINED OR CONSOLIDATED WITH ANY OTHER ARBITRATIONS OR

OTHER PROCEEDINGS THAT INVOLVE ANY CLAIM OR
CONTROVERSY OF ANY OTHER PARTY. YOU AND 550 AGREE THAT
EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR
ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS
MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING. YOU AGREE TO WAIVE TRIAL BY JURY IN ANY
DISPUTE.

10. APPLICABLE LAW

These Terms and any applicable Additional Terms will be governed
by and construed in accordance with the laws of the State of Ohio
United States of America without regard to its conflicts of law
provisions that might apply the laws of another jurisdiction.

11. ASSIGNMENT

550 may assign its rights and obligations under these Terms and any
applicable Additional Terms, in whole or in part, to any party at any
time without any notice. These Terms and any applicable Additional
Terms may not be assigned by you, and you may not delegate your
duties under them, without the prior written consent of an officer of
550 .

12. COMPLETE AGREEMENT AND SEVERABILITY

Unless otherwise specified, these Terms constitute the entire
agreement between you and 550 . If any part of these Terms is held
illegal or unenforceable, the remainder of the Terms shall be
unaffected and shall continue to be fully valid, binding, and
enforceable. The failure of 550 to act with respect to a breach by you
or others does not waive 550 ’s right to act with respect to
subsequent or similar breaches. 550 ’s failure to exercise or enforce
any right or provision of these Terms shall not constitute a waiver of
such right or provision. Any waiver of any provision of these Terms
will be effective only if in writing signed by an officer of 550 .

13. INVESTIGATIONS; COOPERATION WITH LAW ENFORCEMENT

550 reserves the right to investigate and prosecute any suspected or
actual violations of these Terms. 550 may disclose any information as
necessary or appropriate to satisfy any law, regulation, legal process,
or government request.

14. INTERNATIONAL ISSUES

550 controls and operates the Site from its U.S.-based offices. If you
use the Site from other locations, you are doing so on your own
initiative and are responsible for compliance with applicable local
laws regarding your online conduct and acceptable content, if and to
the extent local laws apply. We reserve the right to limit the
availability of the Site and/or the provision of any content, program,
product, service, or other feature described or available on the Site to
any person, entity, geographic area, or jurisdiction, at any time and in
our sole discretion, and to limit the quantities of any content,
program, product, service, or other feature that we provide.

15. ELECTRONIC CONTRACTING

You agree that all agreements, notices, disclosures, and other
communications that we provide to you electronically satisfy any
legal requirement that such communications be in writing. You
agree that any time you electronically transact, agree, or consent via
the Site it is intended to be an electronic signature which binds you
as if you had signed on paper. You agree that your use of the Site,
other than to read the Terms (or Additional Terms) and Privacy
Policy, constitutes agreement to the Terms, and any applicable
Additional Terms, then posted without further action by you.

16. TERMINATION; SURVIVAL

We may suspend or terminate your access to the Site, in whole or in
part, at any time, without notice, for any reason and without any
obligation to you or any third party. Any suspension or termination
will not affect your obligations to 550 under these Terms or any
applicable Additional Terms. Upon suspension or termination of your
access to the Site, or upon notice from 550 , all rights granted to you
under these Terms or any Additional Terms will cease immediately,
and you agree that you will immediately discontinue use of the Site.
The provisions of these Terms and any applicable Additional Terms
which by their nature should survive your suspension or termination
will survive, including the rights and licenses you grant to 550 in
these Terms as well as the indemnities, releases, disclaimers, and

limitations on liability and the provisions regarding jurisdiction,
choice of law, no class action, jury waiver, and mandatory arbitration.