PRIVACY POLICY

IMPORTANT LEGAL NOTICES AND PRIVACY STATEMENT

PLEASE READ THE FOLLOWING PRIVACY POLICY PERTAINING TO THE USE OF THE WEBSITE OF 535W43 (the "Site"). CREF 546 West 44th Street, LLC, an affiliate of Patrinely Group, LLC, and their affiliates (the "Company" or "we", "us" or "our") are strongly committed to protecting the privacy of your personal information. We have established this security and privacy policy ("Privacy Policy") to let you know the kinds of personal information we may gather during your visit to the Site, why we gather your information, what we use your personal information for, when we might disclose your personal information, and how you can manage your personal information. I f you do not want us to be able to gather and use information about you as set forth herein, please do not use this Site. Use of the Site constitutes your acceptance of and agreement to this Privacy Policy. This Privacy Policy is a part of and governed by the Company's Terms of Use.

PERSONAL INFORMATION

You can access our Site and use many of our services without providing any information at all. In certain circumstances, including, without limitation, the "Register Today” and/or “Contact” link, the Company may collect information that identifies you, such as your name, address, e-mail address, as well as other individually-identifiable information that you provide to us ("Personal Information").

The Personal Information that we collect from you may also come from the following sources:

• Information we may receive from you on applications, registrations, subscriptions or other forms (electronic or otherwise) including, but not limited to, your name, address, telephone number, e-mail address; and
• Information we receive about you from other sources, such as your employer and other third parties.

USE OF PERSONAL INFORMATION

The Company may use and disclose this Personal Information to contact you and send you information about our services, properties and products. In addition, to the extent you request information, products or services from us, the Company may use and disclose this Personal Information to others so as to comply with your request and to our non-affiliated companies that perform brokerage, marketing or other services on our behalf to follow up with you in connection with your request. The information you provide may also be used and disclosed by us for market research purposes, or for project planning. We may use the Personal Information you provide to inform you about our and other's services and products in which we believe you may be interested. We may aggregate your Personal Information with the information of others and may use and disclose such statistical information for any purpose. We may use your Personal Information to help diagnose problems with our server, to administer our Site, and to communicate with you, including, without limitation, to respond to e-mails from you. We may also share your Personal Information with and transfer it to another entity acquiring all or substantially all of our assets, or the assets of the building to which this Site relates.

Sometimes it is necessary to disclose Personal Information to non-affiliated third parties. We may disclose your Personal Information to non-affiliated third party financial service providers. We may also share your Personal Information with non-affiliated companies that perform brokerage, marketing or other services on our behalf. In addition, we may disclose Personal Information in response to legal process, for example, in response to a court order or a subpoena. We also may disclose such Personal Information in response to a law enforcement agency's request or where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Use, to protect our safety, rights or property, or that of our employees, agents, affiliates, users or others, as necessary to operate our Site and provide the services offered thereon, or as otherwise required by law. In addition, we may transfer Personal Information about you if we are acquired by or are merged with another company.

TRAFFIC DATA

We use Traffic Data which may include "cookies," "IP addresses" or other numeric codes used to identify a computer to help us provide a better user experience by measuring which Site areas are of greatest interest. We may also use Traffic Data when you register on the Site or for services provided on our Site. In this situation, Traffic Data will provide useful information that enables our Site to remember you when you return. We can only read Traffic Data from our Site. If you choose to disable cookies in your browser, you can still access most of our Site. We may use or share Traffic Data in any manner that we deem appropriate or necessary.

SECURITY POLICY

The importance of security for all Personal Information associated with you is of utmost concern to us. We exercise great care in providing secure transmission of your Personal Information from your PC to our servers. Personal Information collected by the Company's Site is stored in secure operating environments that are not available to the public. Only those employees of the Company or of non-affiliated companies that perform brokerage or marketing services on our behalf will have access to your Personal Information. Any employee of the Company or of non-affiliated companies that perform brokerage or marketing services on our behalf who violates our privacy and/or security policies is subject to disciplinary action, including possible termination.

While we make reasonable efforts to safeguard your Personal Information once we receive it, no transmission of data over the internet or any other public network can be guaranteed to be 100% secure. As a result, we cannot ensure or warrant the security of any Personal Information you transmit to us and you do so at your own risk, nor can we ensure or warrant the information we transmit to you from our Site.

FEEDBACK

The Company may use your Personal Information to respond to your inquiries or feedback on our Site or products and services. In the event that the Company plans to publicly post any of your Personal Information on a website, you are provided prior notification of such posting and given the option of preventing such posting.

OPT-OUT AND CORRECTION PROCEDURES

You may always opt-out of receiving future e-mail messages and newsletters. The Company provides you with the opportunity to opt-out of receiving communications from us at the point where we request information about you. To remove your Personal Information from our database, to not receive future communications, or to no longer receive our services, send an e-mail to cmd@patrinely.com with the word "remove" in the subject line. The Company also permits you to correct or update Personal Information that you have previously provided to us. To do so, send e­mail to: cmd@patrinely.com indicating the information that you wish to be corrected or updated.

THIRD-PARTY AGENTS

We occasionally have third-party agents, subsidiaries, affiliates and joint venturers that perform functions on our behalf, such as data processing, providing Site support, providing customer service, etc. These entities have access to the Personal Information needed to perform their functions. They are restricted from using or altering this data in any way other than to provide the requested services to the Site.

EMERGENCY SITUATIONS

The Company may also disclose Personal Information if required to do so by law or in the good-faith belief that such action is necessary to: (a) conform to applicable law or comply with legal process served on the Company; (b) protect and defend the rights or property of the Company; and (c) act under emergency circumstances to protect the proprietary information of the Company or the personal safety of the Company’s or its affiliates’ employees, the users of the Site or the public.

MONITORING USE OF THE SITE

The Company reserves the right to monitor the use of this Site, without notice. By accessing this Site you waive any expectation of privacy with respect to the information that is collected and any other related activity.

ASSIGNMENT

The Company may change its ownership or corporate organization while providing the Site and services. As a result, please be aware that the Company may transfer your Personal Information to another company that is affiliated with it or with which the Company has merged. Any new company will also follow this Privacy Policy.

CHANGES

The Company is committed to maintaining this Site's position as a premier website on the internet. As our Site continues to develop, we may add new services and features to it. In the event that these additions affect our Privacy Policy, this document will be updated appropriately. We will post those changes so that you will always know what information we gather, how we might use that information, and whether we will disclose it to anyone. We do, however, recommend that you read this Privacy Policy each time you use our Site in case you missed our notice of changes to the Privacy Policy.

Last Updated: June 19, 2015

TERMS OF USE

IMPORTANT LEGAL NOTICES AND PRIVACY STATEMENT

PLEASE READ THE FOLLOWING MATTERS PERTAINING TO THE USE OF THE WEBSITE OF 535W43 (the “Building”) which is provided by CREF 546 West 44th Street, LLC and Patrinely Group, LLC and our affiliates (the "Company" or "we", "us" or "our"). Users of this website (the "Site") agree that access to and uses of this Site are subject to the terms and conditions below. The following terms and conditions govern your use of the information, materials and documents being made available to you at the Site (the "Materials"). By accessing this Site and using the Materials, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the “Terms of Use”). If you do not agree to these Terms of Use, please do not use this Site.

VOID WHERE PROHIBITED BY LAW

This Site and the Materials are not intended to be an offering to lease space to tenants in any jurisdiction where prior registration or other qualification is required, and further information will not be provided to such tenants prior to our registration or compliance with such requirements.

CONTRACT OR OFFER

Unless otherwise specifically stated, the use of this Site and services does not create any contract or agreement between you and the Company. By agreeing to the Terms of Use of this Site, you agree not to act in reliance upon the information contained herein and you waive any claim, demand, cause of action, or damage that you may incur as a result of reliance on such information.

GOVERNING LAW AND VENUE

Our Site is published in the State of New York. All interaction with this site shall be deemed as though you are within the State of New York which law governs your use, risks and obligations. New York law shall govern in any and all disputes or actions at law or in equity, including privacy or defamation issues or otherwise and the venue for any litigation arising hereunder shall be the state and federal courts of New York.

SPECIFICATIONS AND VIEWS

Any drawings or pictures on this Site are artist renderings, conceptual only, and the Company reserves the right to make any changes or modifications. All facilities, services, amenities, improvements, views and scenes described or shown are proposed and based on current development plans, and are subject to change, modification or cancellation without notice. There is no guarantee that the facilities, services, amenities, improvements, views or scenes described or shown will be constructed or provided, and if constructed or provided, that they will be the same type, style, size or nature as described or shown. Views are not necessarily representative of views from a particular floor or unit. Scenes and/or views shown may be of locations or activities not on, or related to the Building. Maps may not be drawn to scale and are provided for relative location purposes only. Your perceived or understanding of dimensions or size of units from the Materials on this Site should not be the basis of a decision to lease space in the Buildings. The Company reserves the right to update its Site. The above mentioned disclaimers are only for illustrative purposes and are not comprehensive disclaimers of what the Site may include in the future.

USE RIGHTS AND LIMITATIONS

This Site and the Materials are provided on an "as is" and "as available" basis without warranty of any kind. The Company disclaims all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, habitability, fitness for a particular purpose and non-infringement. Your use of this Site and the materials is solely at your own risk. Some states or other jurisdiction may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.

This Site is prepared and designed to provide you with information about the Company and our services, communities and properties. This Site is prepared for personal use. You may not modify, copy, distribute, transmit, display, perform, or create derivative works from information or material on this Site, except as expressly permitted in these Terms of Use. You may not conduct any activity through the use of this Site that would infringe on the rights of the Company, or our affiliates. The Company reserves the right to terminate your use of this Site in our discretion.

The Company reserves the right, at our discretion, to update or revise these Terms of Use. Please check the Terms of Use periodically for changes. Your continued use of this Site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

USE REPRESENTATIONS AND WARRANTIES

By using this Site, you represent, warrant and covenant that: you will use the Site and service in accordance with these Terms of Use and that you will not upload, post or transmit to or distribute or otherwise publish through the Site any materials which:

• (i) restrict or inhibit any other user from using and enjoying the Site or service,
• (ii) violate any laws, threaten, abuse. defame, or offend,
• (iii) constitute or encourage a criminal offense, give rise to civil liability or otherwise violate the law,
• (iv) violate or infringe the rights of third parties, including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other right,
• (v) contaminate the Site with a virus or other harmful component,
• (vi) constitute or contain false or misleading indications of origin or statements of fact.

NO RELIANCE ON ORAL REPRESENTATIONS

For all prospective leases oral representations cannot be relied upon as correctly stating the representations of the Company.

ELECTRONIC DELIVERY POLICY AND YOUR CONSENT

By using the Materials, you consent to receive from the Company all communications, including notices, agreements, legally required disclosures, if any, or other information in connection with the Materials (collectively, "Notices") electronically. The Company shall provide such electronic Notices by posting them on this Site. If you desire to withdraw your consent to receive Notices electronically, you must discontinue your use of the Site and the Materials. Users of this Site agree that these provisions set forth the terms upon which you may access and use this Site. By accessing this Site you accept and agree to the terms, conditions and notices stated herein. If you do not agree to the Terms of Use, please do not use this Site.

COPYRIGHT NOTICES

This Site and all Materials contained herein, including but not limited to floor plans and elevations of the Building are copyrighted, owned or licensed and may not be distributed, modified or reproduced in whole or in part without prior written permission of the Company. The images from this Site may not be reproduced in any form without the prior advance written consent of the Company. You are advised that the Company actively and aggressively enforces our intellectual property rights to the fullest extent of the law and you agree to hold the Company harmless against any and all claims arising out of or in connection with your failure to abide by these Terms of Use.

All names of the Company, community names and design logos appearing on this Site are trademarks or service marks of the Company. The absence of any copyright, trademark, service mark or logos on this Site or any other materials does not constitute a waiver of any intellectual property rights by the Company.

The Company grants a limited license to viewers to download or print pages from the Site for individual use only, and not for any commercial purposes. The contents, including images and text, within the Site and all al related Materials are copyrighted by the Company. All information is subject to change without notice and information you deem important may be omitted. Your use of the Site and Materials is at your own risk and the Company under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes and/or enhancements of the Site and Materials.

INDEMNIFICATION

You hereby agree to indemnify and hold harmless the Company, and any of the partners, members, shareholders, officers, directors, employees, consultants, attorneys and agents of the Company and/or their affiliates, from any and all claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees and legal costs incurred at all judicial levels) that they incur arising as a result of your use of this Site, your violation of the Terms of Use, or your infringement of any intellectual property or other right of the Company or any person or entity. In the event of any claim, the Company shall have the right to defend and settle any such claim with counsel of our own selection. You shall cooperate as fully as reasonably required in the defense thereof and shall not settle any such claim without the prior written consent of the Company.

LINKS TO AND FROM THIS SITE

The Company has no liability for third party links and are not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. The Company provides these links as a convenience to users and the availability of the link does not constitute an endorsement. Access to third party links is at your own discretion and risk.

BROKER PARTICIPATION

Broker participation is welcome, however, nothing obtained herein shall constitute any agreement, promise, covenant or undertaking with respect to brokers or leasing agents representing potential tenants. Due to the difficulty in tracking lead generation, no one shall be entitled to any fee, compensation or commission except pursuant to a written agreement signed by a duly authorized officer of the Company. Please contact a representative of the Company (713) 840-2700 for information regarding broker participation.

DOWNLOADABLE FORMS

Portions of this Site may allow brokers and other individuals to access and download certain documents or forms. Access by brokers to these documents or forms is provided to facilitate the process of services offered to you. These forms may have legal meanings and implications. They are provided and you may use them at your own risk. Allowing brokers to access these forms does not constitute legal advice to the brokers or you and nothing provided herein should be used as a substitute for the advice of competent counsel.

EQUAL HOUSING OPPORTUNITY

We are pledged to the letter and spirit of the U.S. policy for the achievement of equal housing opportunity throughout the nation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status or national origin.

PRIVACY POLICY

Use of any information gathered from or about you through this Site shall be governed by these Terms of Use and the Company’s Privacy Policy, to which there is a link below and which is incorporated by reference herein. The Company may use and disclose of any information, content, record, or electronic communication of any kind: to satisfy any law, regulation, or governmental request or to respond to a subpoena; as necessary to operate our Site or other sites; to protect the safety, rights or property of the Company, or users of the Site; to respond to a violation of these Terms of Use; and as otherwise permitted in these Terms or Use and the Privacy Policy.

SEVERABILITY AND INTEGRATION

These Terms of Use constitute an agreement between you and the Company with respect to the Materials and this website. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to protect, as nearly as possible, the rights of the Company, and the remaining portions shall remain in full force and effect.

QUESTIONS, COMMENTS OR COMPLAINTS

If you have any questions or comments, or complaints pertaining to this Site, or if you have technical problems accessing information on this Site, please contact us at (713) 840-2700.

Last Updated: June 19, 2015