DISCLOSURE AND AGREEMENT FOR ELECTRONIC TRANSACTIONS AND DISCLOSURES

This Disclosure and Agreement for Electronic Transactions and Disclosures (this “Disclosure and Agreement”) applies to your use of Aspen Square Management, Inc.’s (“Aspen”) websites as well as your dealings with us in the future in connection with any tenancy, rental lease, guaranty and/or employment (individually an “account” and collectively “accounts”). In this Disclosure and Agreement, the words “I,” “you” and “your” refer to each customer on an account; “we,” “us,” and “our” refer to Aspen, Nepsa Property Investors, Inc., Nepsa Manager LLC, Nepsa Admin Services LLC, Nepsa Operating Group, Inc., and Johnson Real Estate Investors LLC, and any of our affiliates, agents, independent contractors, designees, service providers or assignees.

Please read this document carefully and retain a copy for your reference.

Your Legal Rights Regarding Electronic Communications. Various laws require us to give you information in written paper form or to obtain your formal signed agreement or direction on certain matters relating to your account. We may provide certain information to you electronically and obtain certain of your agreements or account directions electronically, if we first provide you this Disclosure and Agreement and obtain your agreement to receive this Disclosure and Agreement and other communications electronically and to enter into agreements and submit account directions electronically.

Types of Electronic Communications You May Receive. You agree and consent to receive electronically all communications, agreements, documents, notices, statements and disclosures (each a “Communication” and collectively the “Communications”) that we provide in connection with your account. Categories of communications may include, but are not limited to, the following:

  • agreements and policies you agree and consent to (e.g., this Disclosure and Agreement, Rental Guidelines, Privacy Policy, and Website Terms and Conditions) and updates to such agreements and policies;

  • notices, receipts and confirmations related to your account, including authorizations for consumer reports and receipt of telephonic or text outreach;

  • any notices and disclosures required by state or federal law;

  • marketing information and preferences;

  • any other account and transaction notices and information from us.

Electronic Agreements and Updates. Any Communication that you accept or agree to receive electronically or any account update you submit to us electronically will be enforceable without your signature on a paper form.

Paper Communications. We will not be obligated to provide any Communication to you in paper form unless you specifically request us to do so. We may send Communications to you in paper form because we are legally required to do so or because we determine in our sole discretion that you should receive the Communication in paper rather than electronic form.

Copies of Electronic Communications. You may retain a copy of any electronic Communication by using your print function or saving an electronic copy for your records. If, after you receive a Communication electronically, you would like a paper copy of a Communication previously provided to you, you may request a copy during the period we retain your account documentation by contacting us at info@aspensquare.com. We will send your paper copy to you by U.S. mail. In order for us to send you a paper copy, you must have a current mailing address on file with us. We currently do not charge a fee to send you a paper copy of any electronic Communication, but reserve our ability to do so.

Withdrawal of Consent and Termination of Electronic Access to Your Account. You can withdraw this Disclosure and Agreement by calling 413-781-0712, emailing info@aspensquare.com, or sending written notification to 380 Union Street, Suite 300, West Springfield, MA 01089, Attn: IT Department-Withdrawal of Consent and Termination of Electronic Access and requesting that Communications be sent to you in paper or other non-electronic form. Your withdrawal of this Disclosure and Agreement is effective only after we have had a reasonable period of time to act upon your withdrawal.

Your Contact Information. If you give us an incorrect email address or fail to update or correct your email address, an electronic Communication will be deemed provided to you if we use the email address in our records for the electronic Communication.

Hardware and Software Requirements. In order to receive access and retain electronic Communications, you will need the following hardware and software:

  • a computer, mobile device, tablet or similar device with an internet connection;

  • a current web browser that includes 128-bit encryption with cookies enabled;

  • a current version of a software program that can open and display PDF files (such as an Adobe Acrobat reader);

  • a valid email address with email software to communicate with us electronically; and

  • an installed printer or sufficient storage space to save, store, print or otherwise retain electronic Communications.

By giving your consent, you are confirming that you have access to the necessary software and hardware, and can receive, open, print, download a copy or otherwise retain a copy of any electronic Communication for your records. You are advised to retain a copy of all electronic Communications as they may not be accessible online or in paper form at a later date.