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Terms and Conditions of Use and Privacy Policy

October 26, 2020
TERMS AND CONDITIONS OF USE AND PRIVACY POLICY

By using Commercial Real Estate Direct (the “Service”), a subscriber (a “Subscriber”) agrees to be bound by the Terms and Conditions of Use set forth herein (the “Terms and Conditions”); unless and until Subscriber has executed a separate written agreement with Trepp LLC (“Trepp”), governing the Service (“Existing Agreement”) that expressly overrides these Terms and Conditions, then if there isanyconflictbetweenthese Terms and Conditions and the Existing Agreement, the Existing Agreement shallcontrol.

Use of any information, data and analytics from any other Trepp-owned or operated website or service including, but not limited to, http://www.trepp.com or https://www.trepp.com or http://www.investcapadvisors.net or https://www.investcapadvisors.net or http://loanadvisor.trepp.com or http://www.treppreitcafe.com or http://www.reitcafe.com or http://www.credataxpress.com or http://www.trepptrade.com or https://www.credataxpress.com http://www.treppdm.com or http://www.treppdefaultmodel.com or http://www.trepp.com/clo (including without limitation, TreppWatch™, Trepp CMBS Analytics on the Web™, Trepp CMBS Pricing Service™, TreppDerivative™, TreppWire™, TreppLoan™, Trepp Bank Navigator™,TreppLoan Research™, TreppLoan Lead Finder™, TreppLoan Portfolios™, Trepp LoanADVISOR™, Trepp REITCafe™, TreppTrade™ Trepp CREDataXpress™, Markit iBoxx Trepp CMBS Indices™ Trepp CLO Analytics™, Trepp OLM™, Trepp SRA™ Trepp Default Model™ and/or Trepp Web Services), is governed by the “Terms Of Use” and/or other written policy provided on that applicable website.

COPYRIGHT AND LIMITATIONS ON USE

The information available through the Service is the property of Trepp, or its licensees and/or information providers and may be protected by copyright and other applicable intellectual property laws. The information in the Service is for Subscriber’s use only. Sharing of passwords by Subscribers or non-Subscribers is strictly prohibited. Subscriber agrees not to reproduce, redistribute, retransmit, broadcast or circulate the information received through the Service without the express prior written consent of Trepp, except that the information may be downloaded or printed for Subscriber’s personal, noncommercial use only.

DISCLAIMER OF WARRANTIES AND LIABILITY

Neither Trepp nor any of its providers of information makes any warranties, express or implied, as to the results to be obtained from use of the Service, and makes no express or implied warranties of fitness for a particular purpose or use. TREPP DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION AVAILABLE THROUGH THE SERVICE, OR THE SERVICE ITSELF. IN NO EVENT SHALL TREPP BE LIABLE TO SUBSCRIBER OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY ANY SUBSCRIBER IN PURPORTED RELIANCE ON SUCH INFORMATION OR FOR ANY CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES THAT MAY RESULT THEREFROM. SUBSCRIBER AGREES THAT THE LIABILITY OF TREPP ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH THE SERVICE OR INFORMATION IN THE SERVICE OR THESE TERMS AND CONDITIONS SHALL NOT EXCEED THE AMOUNT SUBSCRIBER PAID TO TREPP FOR USE OF THE SERVICE.

TERM AND TERMINATION

Subscriber has the option to try the Service at no cost for fifteen (15) days (the “Free Trial Period”) after Subscriber’s initial use of the Service. The Service will automatically upgrade to an annual subscription upon expiration of Free Trial Period and Subscriber will be responsible for the applicable annual fee. If Subscriber does not wish to upgrade to an annual subscription, Subscriber may cancel anytime during the Free Trial Period only, by visiting Subscriber’s user account and adjusting Subscriber’s subscription settings.

Notwithstanding, the term of Service will begin on earlier of (a) the date Subscriber registers to use the Service or (b) upon the expiration of the Free Trial Period unless otherwise canceled, and will continue for an initial period of one (1) year (“Initial Period”) from the end of the Free Trial Period. The Service will automatically renew thereafter for successive one (1) year periods (each, a “Renewal Term” and, collectively with the Initial Period, the “Term”) at the then current list price unless either party notifies the other party in writing, by fax ((212) 832-6738) or email (crenews@crenews.com), of the terminating party’s decision to terminate the subscription at least thirty (30) days prior to the end of the Initial Period or the then-current Renewal Term. All fees shall be non-refundable.

Upon termination or expiration of the Term, Subscriber will comply with all instructions from Trepp concerning any return, deletion or destruction of data, information, media or other materials provided by Trepp to subscriber in connection with the Service.

Use of the Service is personal to Subscriber, and Subscriber may not assign or otherwise transfer his/her rights or obligations to anyone without Trepp’s prior written approval. If any provision(s) of these terms and conditions are invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. The laws of the United States of America and the State of New York shall govern these terms and conditions, all intellectual property rights, and Subscriber’s rights and obligations.

PRIVACY POLICY

Trepp’s Privacy Policy applies to use of this website, and its terms are made a part of these Terms of Use by this reference. To view Trepp’s Privacy Policy, please visit http://www.trepp.com/privacy-policy

INFORMATION COLLECTION, USE, AND SHARING

Trepp is the sole owner of the information collected via the Service. Trepp will only have access to/collect information that Subscriber voluntarily gives to Trepp via email, secure website or other direct contact from Subscriber. Trepp will not sell or rent this information to anyone.

Trepp may contact Subscriber via email in the future to tell subscriber about specials, new products or services, or changes to this privacy policy.

Trepp may request information from Subscriber at any time during the Term via an order form. To buy from Trepp, Subscriber must provide contact information (like name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill Subscriber’s order(s). If Trepp has trouble processing an order, Trepp will use this information to contact Subscriber.

Trepp uses commercially reasonable efforts to protect sensitive information transmitted online, as well as to protect Subscriber’s information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which Trepp stores personally identifiable information are kept in a secure environment.

If Subscriber feels that Trepp is not abiding by the privacy policy, please contact Trepp immediately via telephone at (212) 754-1010 or via email to crenews@crenews.com.

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