TERMS OF USE

IMPORTANT LEGAL NOTICES AND PRIVACY STATEMENT

PLEASE READ THE FOLLOWING MATTERS PERTAINING TO THE USE OF THE WEBSITE OF 1QPS Tower (the “Building”) which is provided by QPS 23-10 Development LLC, and Property Markets Group, 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:

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 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 (212) 610 2800.

Last Updated: June 30, 2016