October 2021 Construction Update

TERMS OF USE

These Terms of Use (“Agreement”) govern your access to and use of the NE Acquisitions LLC website (the “Site”) operated by NE Acquisitions LLC (“NE Acquisitions”) and its affiliates.

Please read this Agreement carefully before accessing or using the Site. This Agreement also includes our Privacy Notice, which is incorporated herein by reference. This Agreement constitutes a valid and binding legal agreement between you and NE Acquisitions. You may not access or use the Site if you are not at least 13 years old. If you are under 18 or not of legal age to form a binding contract in your jurisdiction of residence, you must have you parent or legal guardian’s permission to access or use the Site. By accessing or using the SITE, you accept, without limitation or qualification, THE TERMS OF this Agreement, including the PRIVACY NOTICE, and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement.

By using the Site, you signify your agreement to all terms, conditions, and notices contained or referenced herein (“Terms of Use”). If you do not agree to the Terms of Use, please do not use the Site. NE Acquisitions reserves the right, in its discretion, to update or revise the Terms of Use. Please check periodically for changes. Any updates to this Agreement will supersede and replace the previous Agreement effective immediately upon posting. It is your responsibility to periodically review this Agreement for updates. Your continued use of the Site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Your use of the Site following such update shall indicate your agreement to be bound by the terms and conditions of this Agreement as updated. IF YOU DO NOT ACCEPT AND AGREE TO ALL OF THE PROVISIONS OF THIS AGREEMENT AND THE PRIVACY NOTICE AS THEY MAY BE UPDATED FROM TIME-TO-TIME, DO NOT ACCESS OR USE THE SITE.

GENERAL

You may not use the Site for any purpose that is unlawful or prohibited by the Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of NE Acquisitions or others. Without limiting the foregoing, you may not attempt to gain unauthorized access to any portion of the Site or any other systems or networks connected to the Site by hacking or any other illegitimate means.

Additional terms and conditions may apply to specific portions of the Site, and such terms and conditions are made a part of the Terms of Use by reference. You agree to abide by such other terms and conditions. If there is a conflict between the Terms of Use and the terms posted for or applicable to a specific portion of the Site, the latter terms shall control with respect to your use of that portion of the Site.

THIRD PARTY SITES

The Site may link you to other websites on the Internet. Such other web sites may not be under the control of NE Acquisitions, and you acknowledge that NE Acquisitions is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect(s) of the content of sites that are not under the control of NE Acquisitions. The inclusion of such a link does not imply endorsement of the site by NE Acquisitions or any association between NE Acquisitions and the operators of such other site.

LINKING TO THE SITE

Generally, NE Acquisitions does not mind if you have a text link from your website to the Site. However, you may not frame or “mirror” the Site or incorporate pieces of it into a different website or product. Links to the Site must clearly identify NE Acquisitions as the source of information displayed and preserve the integrity of web pages associated with the Site without alteration. Further, you may not link to the Site if you create or post any illegal, obscene or offensive content, or if the link in any way has a negative impact on our reputation.

PROPRIETARY RIGHTS

NE Acquisitions is the owner of all intellectual property rights, including, without limitation, all copyrights and trademarks, associated with the Site, with all rights reserved, exclusive of content provided by third parties, which is owned by the licensors of such content. You acknowledge and agree that the content and materials available on the Site, including without limitation all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, taglines, video media, artwork, design, structure, selection, coordination, expression, “look and feel” and the arrangement thereof, are protected by copyrights, trademarks, service marks or other proprietary rights and laws.

The “Contents” of the Site, such as the compilation and arrangement of text, graphics, images, photographs and other materials, and the hypertext markup language (HTML), Cascading Style Sheets (CSS), scripts (JS), active server pages (ASP and ASPX), content provided by a RSS or Atom feed, web service feed or other web feed or other content or software used in or provided through the Site are the exclusive property of NE Acquisitions, our licensors, or other content suppliers and are protected by copyright under United States and foreign laws. Unauthorized use of these contents may violate copyright, trademark and other laws.

NE Acquisitions grants you a non-exclusive license to download, print, and make a reasonable number of copies of the content and materials available on the Site solely for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. Except as set forth in the preceding sentence or as separately authorized in writing by NE Acquisitions, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, compile or create derivative works from such content or materials. Use of the content or materials for any purpose not expressly permitted in the Terms of Use is prohibited. You acknowledge and agree that the unauthorized use of the contents and materials on the Site could cause irreparable harm to NE Acquisitions or its licensors and that in the event of such unauthorized use, NE Acquisitions or its licensors shall be entitled to injunctive relief in addition to any other remedies available at law or in equity. Our provision of the website does not transfer to you or any third party any right, title or interests in or to the Content, including any copyrights, patents, trademarks, trade secret or other intellectual property rights therein, subject to the licensed rights granted above.

NE Acquisitions cautions you that some documents, photos, and other content may have been published on the Site with the permission of the relevant copyright owners (who are not controlled by NE Acquisitions). All rights in such documents, photos, and other content are reserved to their owners, and permission to copy or otherwise exploit them must be requested and obtained directly from the copyright owners.

If you have any questions about the non-exclusive license granted herein or if you would like to request additional rights, please write to NE Acquisitions LLC, 75 Park Plaza, Boston, MA 02116 Attn: Webmaster; e-mail address: Info@AllstonYards.com.

TRADEMARKS

The trademarks, service marks, logos, graphics, icons and other indicia of origin (collectively, the “Marks”) included, or made available, on or through the Site are owned and/or registered by NE Acquisitions and third parties in the United States. All Marks not owned and/or registered by NE Acquisitions are the property of their respective owners. No license or right to use any Marks included, or made available, on or through the Site is granted, whether by implication or otherwise, and any use of any Marks included, or made available, on or through the Site is expressly prohibited unless authorized in writing by the owner of the applicable Mark(s). All rights not explicitly granted herein are reserved.

USER CONTENT

From time to time, some of the content displayed on the Site may be submitted, transmitted, posted, or otherwise provided by users of the Site over whom NE Acquisitions exercises no control (“User Content”). NE Acquisitions disavows responsibility for User Content to the extent permitted by law and has no obligation to screen any User Content in advance. NE Acquisitions may in its sole discretion at any time remove or alter any User Content or take any other actions with respect to such User Content. NE Acquisitions has no liability or responsibility to users for performance or nonperformance of such activities. Should you come across any content that you find objectionable, you can bring it to our attention by e-mailing us at Info@AllstonYards.com.

FEEDBACK AND SUBMISSIONS

You agree that you are and shall remain solely responsible for the contents of any submissions you make and that you will not submit anything to the Site that will violate any right of any third party, including copyright, trademark, patent, trade secret, privacy or other personal or proprietary rights.

From time to time, the Site may provide you an opportunity to communicate with NE Acquisitions. Please be aware that any communication to NE Acquisitions through the Site or otherwise, whether such communication consists of suggestions, ideas, graphics, or other material, will be treated as nonconfidential and nonproprietary. Anything you submit, transmit, or post becomes the property of NE Acquisitions, and NE Acquisitions is free to copy, display, distribute, modify, and otherwise use, either with or without attribution to you, and without being limited thereto, any ideas, concepts, suggestions, graphics, photography, or know-how contained in any communication for any purpose whatsoever, whether commercial or noncommercial, without payment of any compensation to you.

REGISTERED USER ACCOUNT, PASSWORD, AND SECURITY

In order to access some features of the Site, you may need to create a user account with an e-mail address and/or other personal information. When creating your account, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of any user ID and password, and you are fully responsible for all activities that occur under your account. NE Acquisitions disclaims any and all liability or responsibility for such use.

DISCLAIMER OF WARRANTIES AND LIABILITY

The information available on the Site is for informational purposes only. You should not assume that the information provided is always complete, reliable, or up to date. Nothing on this Site should be interpreted as investment, financial, tax, or legal advice. You bear the sole responsibility for evaluating the merits and risks associated with the use of any data, information, or content on this Site before making any decisions based on such data, information, or content. In exchange for using such data, information, or content, you agree not to hold NE Acquisitions or any of its third-party content providers liable for any possible claim for damages arising from any decision you make based on information made available to you through this Site.

None of the information available on the Site constitutes an offer to sell or a solicitation of an offer to buy any securities, investment products, or investment services. Past performance is not necessarily indicative of future performance and is not a guarantee of future results. Information presented on the Site, including any pricing, valuations, or comments on specific properties, if any, reflects the authors’ subjective analyses and other information available as of the publication date indicated.

ALL MATERIALS, INFORMATION AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. NE ACQUISITIONS DOES NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

UNDER NO CIRCUMSTANCES SHALL NE ACQUISITIONS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF NE ACQUISITIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Applicable law may not ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND IN SUCH CIRCUMSTANCES NE ACQUISITIONS SHALL HAVE THE LEAST AMOUNT OF LIABILITY PERMITTED BY LAW.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless NE Acquisitions, its affiliates, and their respective employees, contractors, officers, directors, members, managers, partners, and shareholders (each an “Indemnitee”) from and against all liabilities, claims, and expenses, including attorneys’ fees, that arise from your use or misuse of the Site. Each Indemnitee reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with such Indemnitee in asserting any available defenses.

PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please provide the following information to NE Acquisitions:

• an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• identification of the copyrighted work that you claim to have been infringed, or, if multiple copyrighted works are covered by your notice, a representative list of such works;
• identification of the content that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit NE Acquisitions to locate the content;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• a statement by you that the above information in your notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner of an exclusive right that is allegedly infringed.

Please send such notice to:
NE Acquisitions LLC
75 Park Plaza
Boston, MA 02116
Attention: Copyright Agent
Email address: Info@AllstonYards.com

CHOICE OF LAW AND FORUM

The Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to the Terms of Use or your use of the Site shall be the state or federal courts located in the Commonwealth of Massachusetts, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

SEVERABILITY AND INTEGRATION

Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and NE Acquisitions with respect to the Site and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and NE Acquisitions with respect to the Site. If any part of the Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of NE Acquisitions, and the remaining portions shall remain in full force and effect.

TERMINATION

NE Acquisitions reserves the right, in its sole discretion at any time, to terminate your access to all or part of the Site and/or to remove any content and materials from the Site, with or without notice. You agree that NE Acquisitions shall not be liable to you or any third party for any termination of your access to the Site or for removal of information from the Site.

Last updated: May 1, 2020

PRIVACY POLICY

This Notice sets out the privacy practices of NE Acquisitions LLC (“NE Acquisitions”) and its affiliates for the NE Acquisitions LLC website (“Site”), and Internet-based activities (“Web Services”). The words “user,” “you” and “your” mean users of the Site and the words “we,” “our” and “us” mean NE Acquisitions.

This Notice explains the information that we gather about you while you use the Site, and the ways in which we use and share that information. This Notice does not apply to any information you may provide us, or that we may collect.

NE Acquisitions LLC (“NE Acquisitions”) is committed to protecting the privacy of visitors to its web site (the “Site”). This privacy policy explains our online information practices.

WHAT INFORMATION DO WE COLLECT?

We collect personal information when you wish to use certain features of the Site, such as providing comments or feedback to us or registering to receive information from us. When you choose to use these features, we ask for information such as your name, e-mail address, mailing address, phone number, and other personal information (“Personal Information”).

Through the Site, we may automatically gather certain information about the use of the Site, such as how frequently certain areas of the Site are visited, including through the use of cookies, web beacons and other technologies. You can choose to have your computer warn you each time a cookie is being sent or you can choose to turn off all cookies. You do this through your browser (such as Chrome or Firefox) settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookie settings. If you turn cookies off, you may not have access to many features that make your Site experience more efficient and some of our services may not function properly. For more information about cookies, please see www.allaboutcookies.org.

HOW DO WE USE THE INFORMATION?

We use Personal Information for the following general purposes: to respond to your inquiries about our properties or services, to respond to any comments or feedback you submit, to send you press releases, updates, or other general information about our properties or services, and to meet any applicable legal and regulatory requirements.

DO WE DISCLOSE INFORMATION TO OUTSIDE PARTIES?

Unless otherwise stated in this privacy policy, we do not sell, trade or otherwise transfer your Personal Information to outside parties. This does not include trusted third parties who assist us in operating our Site, conducting our business, or serving you, so long as those parties agree to keep this information confidential. For example, if you express an interest in renting or purchasing commercial or residential spaces at any of our properties, we may share your contact information with the relevant owners, landlords, and brokers. We may also release your information when we believe in good faith that such release is appropriate to comply with the law, to enforce our Site policies, or to protect our or others’ rights, property and safety.

If you submit any Personal Information together with or as part of any comments, feedback, or other submissions through the Site, we reserve the right (but shall have no obligation) to disclose such Personal Information when we exercise our rights under the Site’s Terms of Use to copy, display, distribute, modify, and otherwise use such communications, with or without attribution to you. If you do not want particular Personal Information to be disclosed in connection with the use of your comments or other communications, then you should not include that information in your communications.

We use non-personally identifiable information in the aggregate so that we can improve the Site and for business and administrative purposes. We may use or share such aggregated data with third parties for any purpose.

We may include links on our Site to third party websites that have separate and independent privacy policies. We have no responsibility or liability for the content and activities of these linked websites.

CHILDREN

The Site is not directed to children under the age of 18. We do not knowingly collect personal information from children under the age of 18, nor do we knowingly distribute such information to third parties. If we become aware that we received personal information from someone under the age of 18, we will take steps to delete such information from our records. If you believe we have personal information from someone under 18, please contact us at Info@AllstonYards.com.

UPDATING PERSONAL INFORMATION AND PREFERENCES

If you have provided us with Personal Information and would like to change, correct, or request access to your Personal Information, or would like to opt out of receiving e-mail or other communications from us, you may do so by e-mailing us at Info@AllstonYards.com.

PRIVACY POLICY CHANGES

We reserve the right to change our privacy policy for the Site at any time. If we decide to change our privacy policy, we will post the revised privacy policy so that you will know what information we gather, how we might use that information, and whether we will disclose it to anyone. Please check periodically to keep informed of any changes. Your continued use of the Site following the posting of any changes to this privacy policy constitutes acceptance of those changes. If we materially change this privacy policy, the new terms will apply only to users who affirmatively consent to the new terms.

If you have questions or concerns regarding this privacy policy, please contact us at:

NE Acquisitions LLC
75 Park Plaza
Boston, MA 02116
E-mail: Info@AllstonYards.com

Last updated: May 1, 2020