TERMS AND CONDITIONS

Terms of Use

Welcome to EaglePointInstitutionalIncome.com (this “Site”).

IF YOU CONTINUE TO ACCESS, BROWSE AND/OR USE THIS SITE, YOU ARE AGREEING TO COMPLY WITH AND BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF USE

(THE “TERMS OF USE”), WHICH GOVERN EAGLE POINT INSTITUITONAL INCOME FUND’S AND ITS AFFILIATES’ RELATIONSHIP WITH YOU IN RELATION TO THIS SITE. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT ACCESS OR OTHERWISE VIEW OR USE THIS SITE.

The terms Eagle Point, Eagle Point Institutional Income Fund or “us” or “we” refers to the owner of this Site, having an office at 600 Steamboat Road, Suite 202, Greenwich, CT 06830. The term “you” refers to the user or viewer of our Site.

This website is for informational purposes only, and nothing on this website shall be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation to buy or sell, any security, financial instrument or investment or as an offer to provide advisory or other services by Eagle Point to any person in any jurisdiction. Information on this website is intended only for United States citizens and residents and is not intended for distribution to, or use by, any person in any jurisdiction where such distribution or use would subject Eagle Point or its agents to any registration or other requirement within such jurisdiction. Eagle Point makes no representation that access by any user in the place it is located is not illegal or prohibited. Nothing contained on this website constitutes investment, legal, tax, accounting or other advice, nor should be relied upon in making an investment or other decision. This website does not represent that the securities or services described on this website are suitable for any specific investor. You should obtain relevant and specific professional investment advice before making any investment decision and are advised not to rely on any information contained in this website in the process of making a fully informed investment decision. You should obtain and carefully review the offering materials for an investment before making any investment decisions. Eagle Point will not treat users of this website as clients or customers of Eagle Point by virtue of their accessing this website.

Limits on Use

This Site is owned and operated by Eagle Point and may be accessed and used solely for informational purposes only. You may not modify, copy, scrape, augment, delete, distribute, transmit, display, perform, reproduce, publish, license, monetize, create derivative works from, transfer, or sell in any way any information, data, documents, graphics, software or other materials obtained from this Site (collectively, “Materials”), except that you may view the Materials in their present form and you may download on any single computer and print one (1) copy of the Materials for your informational purposes only, provided you keep intact all copyright and other proprietary notices. Monitoring the Site’s availability, performance or functionality for any competitive purpose is prohibited. The use of the Materials on any other website or networked computer environment is prohibited. We do not undertake to advise you of changes in any of the Materials, and you should note the date of publication of each component of the Materials. You acknowledge that none of the Materials made available on or through this Site constitutes business, financial, investment, hedging, trading, legal, regulatory, tax, accounting or other advice. You recognize that unauthorized use of Site content may subject you to civil or criminal liability. Eagle Point has no obligation to maintain this Site and the Materials. Availability of the Site and the Materials are subject to change without notice.

Links to Third Party Sites

The links on the Site will let you leave our site. The linked sites are not under the control of us and we are not responsible for the contents of any linked site, or any changes or updates to such sites.

Intellectual Property

This Site, including the Materials, is owned by us or our licensors, and is protected under the copyright, trademark and other intellectual property laws of the United States and other countries as well as by international treaties and conventions. Using, copying, or storing any portion of this Site for other than your personal informational use without our prior written consent or the relevant licensor is expressly prohibited. The logos, services marks and trademarks of Eagle Point are owned exclusively by us. All other trademarks, product names and company names or logos cited herein are the property of their respective owners. This Site may contain other proprietary notices and copyright information. You agree to abide by all applicable copyright, trademark and other intellectual property laws and with all additional copyright, trademark and other intellectual property notices, information, and restrictions contained in any of the Materials.

Disclaimer of Warranties

The Materials published on this Site may include inaccuracies or typographical errors. This Site and all Materials are provided “as is”, without warranty of any kind, and we hereby disclaim all warranties and conditions with regard to this Site and the Materials, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and noninfringement, including any warranty with respect to the correctness quality, accuracy, completeness, reliability, performance, timeliness or continued availability of the Site and the Materials. We do not warrant or make any representations regarding the use or the results of the use of the Materials or with respect to their correctness, accuracy, reliability, or otherwise. We do not warrant that this Site or any Materials will be provided on an uninterrupted or error-free basis, that defects will be corrected, that this Site or the server that makes it available are free of viruses or other harmful components or relating to any breach of security associated with the transmission of sensitive information through this Site or any linked website. In addition, we make no representation about the suitability of the Materials for any purpose. You (and not Eagle Point) assume the entire cost and risk of using this Site and the Materials. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Limitation of Liability

In no event will we or any of our affiliates, licensors, agents and service providers and, in each case, their officers, directors, partners and employees be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this Site or with the delay or inability to use this Site, or for the Materials obtained through this Site, or otherwise arising out of the use of this Site, whether based on contract, tort, strict liability or otherwise, even if we and/or any such person has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

Indemnification

You hereby indemnify, defend, and hold us and our affiliates harmless from and against any and all liabilities, judgments, fines, damages, settlements and costs (including reasonable attorneys’ fees and disbursements) incurred in connection with any claim arising out of any breach by you of these Terms of Use or claims arising from your use of this Site or Materials. You will cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

Choice of Laws/Venue/Dispute Resolution

Any dispute, controversy or claim arising out of related to this Site or these Terms of Use shall be governed by and interpreted under the laws of the State of New York (excluding any rules of law that would lead to the application of the laws of any other jurisdiction). You agree to submit to the jurisdiction of the state and federal courts in New York County in the State of New York in respect of litigation arising out of or related to your use of this Site or with respect to these Terms of Use, waiving all affirmative and legal defenses in respect of jurisdiction, forum and venue. If any provision of these Terms of Use is determined to be invalid, superseded, illegal or unenforceable, in whole or in part, the validity, legality or enforceability of any of the remaining provisions or notices shall not in any way be affected or impaired thereby and shall continue in full force and effect.

Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to reasonable costs and attorneys’ fees. In the event of any controversy or dispute between us and you arising out of or in connection with your use of the Site or the Materials, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Modifications

We reserve the right, at our sole discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time. Please continue to review these Terms of Use whenever accessing or using this Site. Your use of this Site after the posting of changes, modifications, additions or deletions to these Terms of Use will constitute your acceptance of these Terms of Use, as modified. We expressly reject any terms and conditions proposed by you which are in addition to or which conflict with the terms and conditions herein and such proposed terms and conditions shall be of no force or effect.

Privacy

Eagle Point’s Privacy Policy applies to use of this Site and the Materials. Please view Eagle Point’s Privacy Policy. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

If you have any questions or comments about these Terms of Use, please contact us in writing at the above referenced address.

Effective as of February 3, 2022.