Legal Disclosures

Privacy Policy Overview

This Privacy Policy describes American Street Capital’s (“American Street Capital” or “we”) collection and use of any information collected by and through the amstcap.com domain and all associated sub-domains existing or adopted by American Street Capital in the future (collectively, the or this “Web Site”). NOTHING CONTAINED HEREIN SHALL BE DEEMED TO BE A DEFENSE TO OR, A WAIVER BY AMERICAN STREET CAPITAL OF, ANY RIGHTS AMERICAN STREET CAPITAL HAS UNDER ANY LOAN DOCUMENT OR OTHER AGREEMENT OR APPLICABLE LAW, RULE, REGULATION OR REQUIREMENT. American Street Capital reserves the right, at its sole discretion to change, modify, add or remove any portion of the terms, in whole or in part, of the Privacy Policy. Such changes, modifications and additions to and removals from the Privacy Policy are valid once posted on the Web Site. You are responsible for regularly reviewing the Privacy Policy in order to be apprised of such changes. This Web Site is a commercial web site and is intended for use by commercial real estate owners, real estate professionals, investors, and their employees and agents, to obtain information about American Street Capital’s commercial financial products and services. THIS PRIVACY POLICY ONLY APPLIES TO INFORMATION COLLECTED ONLINE.

Information Collected

The web servers that serve the Web Site may gather certain navigational information about where visitors go on our Web Site and information about the technical efficiencies of our Web Site and services. In the process of gathering navigational information, non-personally identifiable information (i.e. domain type, browser version, service provider and IP address) may be collected which will provide information regarding a visitor’s use of our Web Site. We may also gather personally identifiable information through the ability to access your accounts online as well as have questions answered through our contact us section. Information that we may collect about you through online interaction includes information that you input, such as your name, address, email address, other contact information; data resulting from your activity, such as transaction information; and location information

Using Information

This information allows us to improve our product and service offerings as well as improve the Web Site’s functionality. Borrower information collected is used to help us identify what loans the borrower should have access to. It provides us a way to contact you and provide you with login credentials.

Cookies

We may use a browser feature known as a “cookie.” Cookies are small data files sent by a website and stored by the browser to assist in providing a customized browsing experience on that website. The “help” section of the toolbar on most browsers will inform you on how to prevent your browser from accepting new cookies, how to have the browser notify you upon the receipt of a new cookie, or how to disable the use of cookies completely. Certain areas of the Web Site have been designed to take advantage of the use of cookies; therefore, if you configure your browser to decline their use, certain features of the Web Site may not function correctly and you may be required to reenter any user IDs and passwords more frequently

Linking

Periodically, links may be established from this Web Site to one or more external web sites or resources operated by third parties (the “Third Party Sites”). These links are provided for your convenience only. American Street Capital is not responsible for the privacy practices or the content of such Third Party Sites. To help ensure the protection of your privacy, American Street Capital recommends that you review the privacy policy of any site you visit via a link from American Street Capital Web Sites or through any such Third Party Site.

General Terms of Use

American Street Capital, LLC and its subsidiaries (“American Street Capital”) maintain this web site (“Site”). This Site and any of the services provided by American Street Capital in connection with this Site (the “Services”) are being provided to you expressly subject to these Terms of Use, which govern your use of the site. Please read these Terms of Use carefully. By accessing this Site you agree to be bound by these Terms of Use.”Services” under these Terms of Use include financial services for businesses and business services offered to you directly by American Street Capital.

Use of the Web Site

As a user of the Site, you have a non-exclusive, non-transferable, limited, revocable license to use the Site solely for your internal business use. You may not use the Web site for any other purpose whatsoever. Without limiting the previous sentence, you may not reproduce, modify, distribute, transmit, display, perform, reproduce, transfer, sell, publish any of the contents of the Site without the prior written consent of American Street Capital, which may be withheld, conditioned or delayed in its sole discretion, except that you may print out a copy of the content solely for your internal business use. In doing so, you will not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the content. You are prohibited from including links from other Web sites to the Web site without the prior written consent of American Street Capital which may be withheld, conditioned or delayed in its sole discretion.

Copyrights/Trademarks/Restrictions on Use

All of the pages and screens on the Site are owned and controlled by American Street Capital, except as otherwise expressly stated, and are protected by U.S. copyright laws and international treaties. The copyrighted materials on the Site include, but are not limited to, the text, design, software, images, graphics, source code, and the content on the Site. You are authorized to view the information available on the Site for your informational purposes only. You may download copyrighted materials for your personal or internal business purposes only. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You may not copy, display, distribute, transfer, link to, reproduce, license, frame, alter, create derivative works of or republish all or any portion of the Site for any commercial or public purpose without American Street Capital’s prior written consent. You may not use, copy, display, distribute, modify or reproduce any of the trademarks found on the Site except as authorized in this paragraph. The Site may contain links to web sites controlled or offered by third parties (non-affiliates of American Street Capital). American Street Capital hereby disclaims liability for any other company’s Web site content, products, privacy policies, or security. In the event you choose to use the services available at a linked site, you agree to read and adhere to the policies and terms of use applicable to that site. In addition, any advice, opinions, or recommendations provided by the linked site providers are those of the providers and not of American Street Capital. Your participation in any linked site, including payment for and the delivery of goods or services, is based solely on the agreement, if any, between you the linked site provider.

Registration Information

You may sign up through the Site to receive certain email alerts. In submitting your email, you agree to provide accurate, true, current, and complete information about you and/or your business as requested by the registration screens.

Disclaimer

THE SERVICES ARE OFFERED ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS, WITH NO WARRANTY OF ANY KIND-WHETHER EXPRESS, IMPLIED OR STATUTORY-INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.YOU ACKNOWLEDGE THAT NEITHER AMERICAN STREET CAPITAL, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SERVICES OR THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR THE SITE, OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SERVICES AND THE SITE. AMERICAN STREET CAPITAL DOES NOT ENDORSE PRODUCTS OR SERVICES APPEARING ON LINKED SITES OR PURCHASED VIA LINKED SITES. (THIS DOES NOT AFFECT ANY MANUFACTURER’S WARRANTIES THAT THE PROVIDERS OF THE LINKED SITES OTHERWISE OFFER.)EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, YOU AGREE THAT AMERICAN STREET CAPITAL IS NOT RESPONSIBLE FOR ANY LOSS, PROPERTY DAMAGE OR BODILY INJURY, WHETHER CAUSED BY ACCESS TO OR USE OF THE SERVICES OR THE SITE. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AMERICAN STREET CAPITAL WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, ECONOMIC OR OTHER DAMAGES ARISING IN ANY WAY OUT OF THE INSTALLATION OR USE OF THE SERVICES, THE SITE, ANY ON-LINE SERVICES OR INTERNET BROWSER SOFTWARE, INCLUDING LIABILITY ASSOCIATED WITH ANY COMPUTER VIRUSES WHICH MAY INFECT YOUR COMPUTER SYSTEM.

General

American Street Capital reserves the right to modify these Terms of Use at any time without notice, but the most current version of the Terms of Use will always be available to you by clicking on the link at the bottom of the Site. If you find the Terms of Use unacceptable at any time, you may discontinue your use of the Services. By continuing to use the Services after the date of any change to these Terms of Use, including accessing the Site, you agree to be bound by the rules contained in the most recent version of this Agreement. You agree and understand that effective use of the Site may require your browser to use software plug-ins and modules, including without limitation JavaScript, in order to correctly display content and utilize features on the Site. American Street Capital reserves the right to modify or terminate the Services and the Site or to terminate your access to the Services and Site, in whole or in part, at any time. These Terms of Use constitute a contract between you and American Street Capital governed by the laws of the Illinois.

Privacy

We understand the need to safeguard your information and records from unauthorized use and disclosure.

Indemnification

You agree to defend, indemnify and hold harmless American Street Capital, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of your violation of these Terms of Use or misuse of the Service or this Site, including such violation or misuses conducted by your employee or agent, if applicable.