Terms of Use

Effective: June 18th, 2020

Hines, which is the developer of Rookwood Commons & Pavilion, is pleased to offer you
access to the web site accessible at www.shoprookwood.com (the “Site”). The Site is
governed by these Terms of Use. Please read these Terms of Use carefully. By accessing
the Site or downloading any materials from the Site, you agree to these Terms of Use. If
you do not agree to them, do not use the Site or download any materials, and exit the
Site immediately. These Terms of Use are in addition to any other agreement between
you and Hines (or any of its affiliates), including those relating to any of the information
or materials available via the Site.

Authorized Use. Use of the Site is for informational purposes only. Hines is not
responsible or liable for the accuracy, completeness, usefulness or availability of any
information or other content, data, text, URLs, graphics or any other materials
(collectively, the “Content”) transmitted or made available via the Site. Hines is not
responsible or liable for any decisions made in reliance on such information.

Any use or attempted use of the Site (i) for any unlawful, unauthorized, fraudulent or
malicious purpose, or (ii) that could damage, disable, overburden, or impair any server,
or the network(s) connected to any server, or (iii) that could interfere with any other
party’s use and enjoyment of the Site, or (iv) to gain unauthorized access to any other
accounts, computer systems or networks connected to any server or systems through
hacking, password mining or any other means, or (v) to access systems, data or
information not intended by Hines to be made accessible to a user, or (vi) to obtain or
attempt to obtain any materials or information through any means not intentionally
made available by Hines, or (vii) for any use other than the purpose for which it was
intended, is prohibited.

Site Content. All content accessible within the Site (including without limitation, the
“look and feel” of the Site, all text, formatting, graphics, designs, animation, images,
audio, and other content, as well as all trademarks and service marks) is proprietary to
us or to other parties who have consented to our use of it in accordance with applicable
law, including applicable international treaties.

You may not (i) copy, reproduce, transmit, alter, publish, distribute, or create derivative
works from the Site content; (ii) frame or deep-link to the Site; or (iii) use meta tags or
any other hidden text utilizing our or our content providers’ trademarks or service
marks on or in connection with another domain name or Site. The only exception to this
is that you may print out a copy of pages solely for your personal use. In so doing, you
agree that you will not remove or alter any copyright, trademark or any other
proprietary notice or legend appearing in any of the Site content.

All names, logos and trademarks (“Hines’ Trademarks”) are the property of Hines, its
affiliates, related companies or its licensors or joint venture partners. Hines’
Trademarks may be used only as stated in these Terms of Use or with prior written
permission from Hines.

Submissions. No questions, comments, suggestions, information, ideas, concepts,
photographs, graphics or other materials, whether oral, written or electronic
(collectively, “submissions”), will be considered or treated as confidential information.
Accordingly, do not submit or send any submission to us that you consider contains
confidential or proprietary information. Any submission, or any other content of any
sort transmitted by you, other than personal data which is covered by our Privacy Policy,
will be considered non-confidential and non-proprietary and Hines will not be subject to
any restrictions or obligations with regard to it.

Privacy. Unless otherwise addressed in these Terms of Use, your use of the Site is
subject to Hines’ Privacy Policy. It is important that you read and understand the terms
of the Privacy Policy. Hines may cooperate with and disclose information to any
authority, government official or third-party, without giving any notice to you, in
connection with any investigation, proceeding or claim arising from illegal action or
infringement, whether related or unrelated to your use or misuse of the Site.

Violations. Hines reserves the right to take whatever lawful actions it may deem
appropriate in response to actual or suspected violations of the foregoing, including,
without limitation, the suspension or termination of your access to the Site and/or
account with the Site if Hines offers you an account. Hines may cooperate with legal
authorities and/or third parties in the investigation of any suspected or alleged crime or
civil wrong. Except as may be expressly limited by Hines’ Privacy Policy, Hines reserves
the right at all times to disclose any information as Hines deems necessary to satisfy any
applicable law, regulation, legal process or governmental request, or to edit, refuse to
post or to remove any information or materials you provide to Hines through the Site, in
whole or in part, in Hines’ sole discretion.

Third Party Web Sites. In some instances, the Site may reference or link to third
party web sites. Should you choose to visit those web sites, please remember that Hines
is not responsible for their content, their terms of use, or their privacy policies. We
encourage you to read and review the terms of use and other legal terms and policies of
all web sites you visit. You understand that Hines will not be liable to you in respect of
any loss or damage that you may suffer by using those web sites. You agree that you will
not involve Hines in any dispute between you and a third party.

INDEMNITY. YOU AGREE TO INDEMNIFY AND HOLD HINES, AND ITS OWNERS,
PARTNERS AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS (COLLECTIVELY,
THE “INDEMNIFIED PARTIES”) HARMLESS FROM ANY ACTIONS, LIABILITY,
LOSS, CLAIM, DAMAGE OR EXPENSE,INCLUDING ATTORNEYS’ FEES AND
EXPENSES, RELATED TO YOUR (I) USE OF THE SITE, (II) VIOLATION OF THESE
TERMS OF USE, OR (III) RELIANCE ON ANY OF THE MATERIALS OR
INFORMATION OR OTHER CONTENT AVAILABLE VIA THE SITE.

LIABILITY AND WARRANTY DISCLAIMER. HINES MAKES NO
REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO
THE ACCURACY OR COMPLETENESS OF THE CONTENT,INFORMATION,
GRAPHICS, TEXT, LINKS, OR OTHER MATERIAL CONTAINED ON THIS SITE AND
IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF
THIS SITE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EVERYTHING ON
THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
HABITABILITY, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT ANY
RELIANCE UPON THE SITE OR THE INFORMATION, MATERIAL, SYSTEMS,
SERVICES OR PRODUCTS CONTAINED OR DISCUSSED THEREIN SHALL BE AT
YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT WILL ANY INDEMNIFIED PARTY BE LIABLE FOR ANY DAMAGES
WHATSOEVER,INCLUDING SPECIAL,INDIRECT, CONSEQUENTIAL OR
INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR
DATA, WHETHER BROUGHT IN CONTRACT OR TORT, ARISING OUT OF OR
CONNECTED WITH THE SITE OR YOUR USE OR RELIANCE UPON ANY OF THE
CONTENT OR ANY INFORMATION ACCESSED FROM THE SITE. IN NO EVENT
WILL THE COLLECTIVE LIABILITY OF HINES AND ITS SUBSIDIARIES,
AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS,
EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS
OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE)
EXCEED ONE THOUSAND DOLLARS ($1,000). ADDITIONAL DISCLAIMERS MAY
APPEAR FROM TIME TO TIME WITHIN THE BODY OF THE SITE AND ARE
INCORPORATED HEREIN BY REFERENCE.

No Investment Advice. None of the information provided through the Site
constitutes investment advice, and the views expressed should not be taken as advice to
buy or sell any security. Decisions based on information contained or provided through
the Site are your sole responsibility and are made at your own risk.
Nothing on or in the Site shall be considered a solicitation or offer to buy or sell any
security, future, option or other financial instrument or to offer or provide any
investment, tax, financial or legal advice or service to any person in any jurisdiction. Any
overviews provided through the Site are intended to be general in nature. While
intended to be helpful, these overviews are no substitute for professional tax, financial
or legal advice. Investors should seek such professional, financial or legal advice for
their particular situation.

No Offer. This content posted on the Site is provided solely for informational purposes.
This Site is not intended to be, and does not constitute, an offer for the sale, purchase or
lease of real property. Except for your agreement to abide by these Terms of Use,
nothing in this Site or your use of the content contained herein shall be interpreted as
giving rise to or forming the basis of a contract, commitment or obligation.

Real Property Disclaimers / Disclosures. All information posted on this Site is
subject to change without notice. The information and materials contained in this Site
regarding real estate or property developments, including photographs, renderings,
plans, prices, facilities, land uses, improvements, amenities, dimensions, specifications,
views, scenes, materials and availability, are proposed, are conceptual only and are
subject to change, modification or cancellation without notice or obligation. Scenes,
pictures, drawings, illustrations and/or views shown may be artist renderings and may
be locations or activities not on, or related to, the property or development. Actual views
may vary, and views described or depicted cannot be relied upon as the actual view from
any proposed unit, home, lot, amenity or other improvement or area. Maps are not to
scale and are for relative location purposes only. There is no guarantee that the facilities,
services, features, amenities, improvements, views, scenes or specifications described,
shown or depicted within the Site will be constructed or otherwise provided, and if
constructed or provided, that they will be of the same type, style, size or nature as
described or depicted. Ownership or rental of a residence in a development community
does not guarantee access to, or the right to use, amenities, such as clubs or marinas,
which may require the purchase of separate memberships and may be subject to other
conditions on use. Certain amenities may not be complete and completion is neither
warranted nor guaranteed.

Disputes, Forum, and Governing Law. These Terms of Use and all matters relating
to the Site, including any disputes, claims, suits, or causes of action concerning the
interpretation, violation, invalidity, non-performance, or termination of these Terms of
Use, shall be governed by and construed in accordance with the laws of the State of
Texas without giving effect to any choice or conflict of law provision or rules. If you take
legal action relating to these Terms of Use or the Site, you agree to file such action only
in state court in Harris County, Texas, or federal court within the Southern District of
Texas, and you consent and submit to the personal jurisdiction of those courts for the
purposes of litigating any such action or defending any action brought against you
relating to these Terms of Use or the Site. You hereby waive any and all objections to the
exercise of jurisdiction over you by such courts and to venue in such courts.

Definitions. When we say “we” or “us” in these Terms of Use, we mean “Hines”, our
affiliates and those agents we use to provide services on our behalf. When we say “Site”,
we mean www.shoprookwood.com.

Other. Hines reserves, in its sole discretion, the right to revise these Terms of Use at
any time by updating this posting and to monitor and remove postings and/or
discontinue Site availability at any time without notice.

IF ANY TERM, CONDITION OR PROVISION OF THESE TERMS OF USE IS
DETERMINED TO BE UNLAWFUL,INVALID, VOID OR FOR ANY REASON
UNENFORCEABLE, THE VALIDITY AND ENFORCEABILITY OF THE REMAINING
TERMS, CONDITIONS AND PROVISIONS SHALL NOT IN ANY WAY BE AFFECTED
OR IMPAIRED THEREBY.

If you have any questions, complaints or comments regarding this Site, you may contact
us at:

Rookwood Commons & Pavilion
Webmaster
Hines
Madison Rd, Cincinnati, OH 45208
E-mail: info@shoprookwood.com

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Offering the Most Unique Shopping & Dining Destination in Cincinnati

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