Monday, November 23, 2020
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Terms and Conditions of Use and Privacy Policy

November 23, 2020

This page describes the Terms of Use that govern a subscriber’s (each, a “Subscriber”) use of the Commercial Real Estate Direct service (the “Service”) offered by Trepp, LLC (“Trepp”).

  1. GENERAL
    1. If a Subscriber chooses to use the Service governed by these Terms of Use, including accessing the Service at www.crenews.com (the “Website”), and any of the features of the Website, Subscriber agrees to abide by all of the terms and conditions of these Terms of Use.
    2. Trepp may change, add or remove portions of these Terms of Use at any time in its sole discretion by notifying Subscriber of the change in writing (including either by email communication or by updating the date above after “Last Updated On”). Any such changes shall be deemed effective immediately upon posting. It is each Subscriber’s sole responsibility to review these Terms of Use prior to each use of the Website.
    3. Trepp may change, suspend, or discontinue any aspect of the Service at any time in its sole discretion, including the availability of any Service feature, database, or content. Trepp may also impose limits on certain features and services or restrict Subscriber’s access to parts or all of the Service without notice or liability in its sole discretion.
    4. Being exposed to advertising is a condition of accessing the Service.
  2. USE
    1. Subscriber may not access or use, nor attempt to access or use, the Service to take any action that could harm Trepp or a third party. Subscriber may not use the Service in violation of applicable laws or in violation of Trepp’s or any third party’s intellectual property or other proprietary or legal rights. Subscriber further agrees that Subscriber shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Service, or any content thereof, or make any unauthorized use thereof. Without Trepp’s prior written consent, Subscriber shall not:
      1. access any part of the Service, Content, data or information Subscriber does not have permission or authorization to access or for which Trepp has revoked Subscriber’s access;
      2. use robots, spiders, scripts, service, software or any manual or automatic device, tool, or process designed to data mine or scrape the Content, data or information from the Service, or otherwise access or collect the Content, data or information from the Service using automated means;
      3. use services, software or any manual or automatic device, tool, or process designed to circumvent any restriction, condition, or technological measure that controls access to the Service in any way, including overriding any security feature or bypassing or circumventing any access controls or use limits of the Service;
      4. cache or archive the Content (except for a public search engine’s use of spiders for creating search indices);
      5. take action that imposes an unreasonable or disproportionately large load on Trepp’s network or infrastructure; and
      6. do anything that could disable, damage, or change the functioning or appearance of the Service, including the presentation of advertising.

      Engaging in a prohibited use of the Service may result in civil, criminal, and/or administrative penalties, fines, or sanctions against the user and those assisting the user.

  3. SERVICE CONTENT
    1. The contents of the Service, including the Website, are intended only for Subscriber’s personal, noncommercial use. All materials published or made available on the Service by Trepp (including, but not limited to text, photographs, images, illustrations, designs, audio clips, video clips, “look and feel,” metadata, data, or compilations (collectively hereinafter sometimes, the “Content”)) are protected by copyright, and owned and/or controlled by Trepp. Trepp also owns copyrights in the selection, coordination, compilation, and enhancement of such Content (“Display”). Subscriber shall abide by all additional copyright notices, information, or restrictions contained in or on any Content accessed through the Service.
    2. The Service and Content are protected by copyrights, trademarks, patents, trade secrets, database rights, sui generis rights and other intellectual or proprietary rights therein pursuant to local, state, and federal United States and international laws. Subscriber may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in Section 2.3 of these Terms of Use), create new works from, distribute, perform, display (including framing and inline linking), communicate to the public or in any way exploit, any of the Content (or its Display) or the Service in whole or in part without the prior written consent of Trepp.
    3. Subscriber may download or copy the Content and other downloadable items displayed on the Service for Subscriber’s personal use only if Subscriber maintains all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from Trepp.
  4. USER GENERATED CONTENT
    1. If any Subscriber uploads, posts or submits any content on the Service, that Subscriber represents to Trepp that Subscriber has all the necessary legal and other necessary and applicable rights to upload, post or submit such content and that Subscriber will not violate any law or the rights of any person or entity. Subscriber shall not upload to or distribute or otherwise publish on the Service any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material. Subscriber shall not impersonate anyone else or otherwise misrepresent Subscriber’s identity, affiliation, or status. Subscriber agrees not to provide material and misleading information knowingly and/or with intent to defraud. Subscriber shall not upload to or distribute or otherwise publish on the Service any malware, viruses, spyware, or other malicious software or files to the Service. Subscriber shall not use automated means to upload to, or distribute or otherwise publish onto, the Service any content.
    2. The Service shall be used only in a noncommercial manner. Subscriber shall not, without the express prior written approval of Trepp, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.
    3. Subscriber acknowledges that any submissions Subscriber makes to the Service (i.e., user-generated content including but not limited to: comments, forum messages, reviews, text, video, audio and photographs, as well as computer code and applications) (each, a “Submission”) may be edited, removed, modified, published, transmitted, and displayed by Trepp and that Subscriber waives any rights Subscriber may otherwise have with regard to an alteration or change made to a Submission in a manner not agreeable to Subscriber.
    4. Subscriber grants Trepp a perpetual, nonexclusive, world-wide, royalty-free, transferable, assignable, sub-licensable license to each of the Submissions, which includes, without limitation the right for Trepp, or any third party it designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, communicate to the public, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any Submission posted by Subscriber on or to the Service or any other website owned by Trepp, including any Submission posted on or to the Service through a third party.
    5. Subscriber is solely responsible for the content of Subscriber’s Submissions. However, while Trepp does not and cannot review every Submission and is not responsible for the content of these messages, Trepp reserves the right to delete, move, or edit Submissions that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, in violation of these Terms of Use, or otherwise unacceptable.
    6. By making a Submission, Subscriber is consenting to the display and publication of the Submissions on the Website and in the Service and for related online and offline promotional uses.
  5. TERM AND TERMINATION
    1. Subscriber has the option to try the Service at no cost for fifteen (15) days (the “Free Trial Period”). After Subscriber’s Free Trial Period, 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.
    2. The term of the Service will begin on earlier of (i) the date Subscriber registers to use the Service or (ii) 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 Subscriber notifies Trepp by email (crenews@crenews.com) of Subscriber’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.
    3. Subscriber acknowledges that Subscriber shall not receive notice of a renewal cancellation date and expressly waives the application of New York General Obligation Law section 5-903, and any similar laws.
    4. Trepp may, in its sole discretion, terminate or suspend Subscriber’s access to all or part of the Services at any time for any reason, including, without limitation, breach or assignment of these Terms of Use.
  6. REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION; LIMITATION OF LIABILITIES
    1. Subscriber represents, warrants and covenants that no materials of any kind submitted through Subscriber’s account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material. Subscriber hereby indemnifies, defends and holds harmless Trepp and all of its officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by Subscriber or any user of Subscriber’s account of these Terms of Use or the foregoing representations, warranties and covenants. Subscriber shall cooperate as fully as reasonably required in the defense of any such claim. Trepp reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by Subscriber.
    2. 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 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 OF USE SHALL NOT EXCEED THE AMOUNT SUBSCRIBER PAID TO TREPP FOR USE OF THE SERVICE.
  7. REGISTRATION AND SECURITY
    1. As part of the registration or account creation process, Subscriber will create login credentials by selecting a password and providing an e-mail address. Trepp may also request that Subscriber provide certain registration information, which must be accurate and updated.
    2. Each registration is and shall remain for a single user only. Subscriber is not allowed to share Subscriber’s registration login credentials or give Subscriber’s login credentials to anyone else. Trepp may cancel or suspend Subscriber’s access to the Service at any time if Subscriber shares Subscriber’s login credentials with any third party. Subscriber is responsible for maintaining the confidentiality of Subscriber’s password, which Subscriber will not have to reveal to any representative or agent of Trepp. Subscriber may not (i) select or use the login credentials of another person with the intent to impersonate that person; or (ii) use login credentials in which another person has rights without such person’s authorization. Failure to comply with the foregoing shall constitute a breach of these Terms of Use, which may result in immediate suspension or termination of Subscriber’s account.
    3. Subscriber shall immediately notify Trepp at crenews@crenews.com of any known or suspected unauthorized use(s) of Subscriber’s account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of Subscriber’s password or credit card information.
    4. Subscriber is responsible for all usage or activity on Subscriber’s account with Trepp, including use of the account by any third party authorized by Subscriber to use Subscriber’s login credentials. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Subscriber’s account, at Trepp’s sole discretion, and Trepp may refer Subscriber to appropriate law-enforcement agencies.
  8. THIRD-PARTY LINKS
    1. The Service contains links to third-party websites, resources, and advertisers (collectively, “Linked Content”). Trepp does not control, endorse, sponsor, recommend or otherwise accept responsibility for any of this Linked Content. Because Trepp is not responsible for the availability of these outside resources, or their contents or privacy practices, Subscriber should direct any concerns regarding any Linked Content to such site.
  9. GOVERNING LAW; JURISDICTION
    1. These Terms of Use have been made and shall be construed and enforced in accordance with the laws of the United States of America and the State of New York as an agreement deemed to have been wholly performed therein without regard to their conflict of law provisions and the United Nations Conventions on Contracts (if applicable).
    2. Any claim or cause of action arising out of or related to use of the Service, or these Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred. Any claim by Subscriber that may arise in connection with these Terms of Use will be compensable by monetary damages and Subscriber will in no event be entitled to injunctive or other equitable relief. Subscriber also hereby expressly waives any right to resort to any form of class action.
  10. PRIVACY POLICY
    1. For information on how Trepp collects, uses and shares any personal information, please see Trepp’s Privacy Policy located at https://www.trepp.com/privacy-policy. If a Subscriber resides outside of the European Union, the Subscriber’s acceptance of these Terms of Use constitutes Subscriber’s consent to the processing activities described in our Privacy Policy under the laws of that Subscriber’s jurisdiction.
  11. MISCELLANEOUS
    1. These Terms of Use have been made in and shall be construed and enforced in accordance with New York law. Any action to enforce these Terms of Use shall be brought in the federal or state courts located in New York City.
    2. If Subscriber believes that Subscriber’s work has been copied in a way that constitutes copyright infringement, please provide Trepp with all the following information:
      1. a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
      2. a description of the copyrighted work that Subscriber claims has been infringed;
      3. a description of where the material that Subscriber claims is infringing is located on the Website
      4. Subscriber’s address, telephone number, and email address and all other information reasonably sufficient to permit Trepp to contact Subscriber;
      5. a statement by Subscriber that Subscriber has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
      6. a statement by Subscriber, made under penalty of perjury, that the above information in Subscriber’s Notice is accurate and that Subscriber is the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

      Such notices of claimed copyright infringement should be sent to:
      Mathew S. Kelman, Esq.,
      53 West 23rd Street, 12th Floor
      New York, NY 10010
      crenews@crenews.com

    3. Nothing in these Terms of Use will serve to preempt the promises made in our Privacy Policy.
    4. Correspondences should be sent to crenews@crenews.com.
    5. Subscriber agrees to report any violations of the Terms of Use to Trepp as soon as Subscriber becomes aware of them. In the event Subscriber has a claim of copyright infringement with respect to material that is contained in a Service, please notify Trepp at crenews@crenews.com.
    6. Trepp’s failure to enforce any provision of these Terms of Use or to respond to a breach by Subscriber or other parties shall not in any way constitute a waiver of Trepp’s right to enforce subsequently any terms or conditions of these Terms of Use or to act with respect to similar breaches.

These Terms of Use were last updated on September 3, 2020

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