Terms of Use

AGREEMENT BETWEEN USERS OF THIS WEBSITE AND AETOS CAPITAL REAL ESTATE, LP

Introduction

This website, www.aetoscapitalasia.com ("Site"), is owned and operated by Aetos Capital Real Estate, LP (together with its affiliated investment advisory entities, "Aetos Capital Real Estate" or the "Firm"). Aetos Capital Real Estate is a holding company that, through various subsidiaries, provides real estate investment management and real estate asset management services to qualified investors including private investment funds sponsored by the Firm. This Site is intended to provide a brief introduction to the Firm. It is not intended to be a comprehensive source of information regarding the Firm’s business or investments. All non-U.S. offices referred to within the Site are offices of the specified affiliate of Aetos Capital Real Estate, LP. The Firm reserves the right, in its sole discretion, without any notice requirement, to modify the information and materials on this Site and to suspend and/or deny access to this Site for scheduled or unscheduled maintenance, upgrades, improvements, corrections or otherwise.

YOU MAY USE THIS SITE ONLY IF YOU AGREE TO THESE TERMS OF USE ("TERMS") WITHOUT LIMITATION OR QUALIFICATION. PLEASE READ THE TERMS CAREFULLY BEFORE CONTINUING. EACH TIME YOU ACCESS ANY PART OF THIS SITE, YOU WILL BE DEEMED TO HAVE READ, ACKNOWLEDGED AND ACCEPTED THE TERMS IN FULL, INCLUDING ANY MODIFICATIONS THERETO WHICH AETOS CAPITAL REAL ESTATE MAY MAKE FROM TIME TO TIME WITHOUT PRIOR NOTICE BY AMENDING THIS PAGE. IF YOU DO NOT AGREE TO THESE TERMS (INCLUDING ANY MODIFICATIONS THERETO), YOU MUST DISCONTINUE YOUR USE OF THE SITE IMMEDIATELY. YOU SHOULD PERIODICALLY VISIT THIS PAGE TO REVIEW THE THEN CURRENT TERMS BY WHICH YOU ARE BOUND.

By using this Site, you represent and warrant that you have full authority and all rights necessary to accept these Terms and fully perform all of your obligations hereunder.

Limitation of Liability

Although Aetos Capital Real Estate believes that the information contained on this Site is accurate at the time of publication, such information is provided on an "as is", "as available", "with all faults" basis, solely for general informational purposes, and may contain typographical errors or other inaccuracies. ACRE does not assume any obligation to update or keep current the information contained within this Site unless otherwise required by law. If you are dissatisfied with any portion of this site, or with any of these Terms, your sole and exclusive remedy is to discontinue using this Site. Visitors who choose to access this site do so on their own initiative and at their own risk, and agree to assume responsibility for determining whether any legal or regulatory considerations limit their access to or use of information contained on this Site.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL INFORMATION, GRAPHICS, SOFTWARE, PRODUCTS AND SERVICES CONTAINED WITHIN THIS SITE ARE PROVIDED WITHOUT WARRANTY OR CONDITION OF ANY KIND. AETOS CAPITAL REAL ESTATE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD THERETO INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, SUITABILITY, TIMELINESS, ACCURACY OR COMPLETENESS. WITHOUT LIMITING THE FOREGOING, AETOS CAPITAL REAL ESTATE DOES NOT WARRANT THE, RELIABILITY OR AVAILABILITY OF THIS SITE OR THAT THE SITE IS VIRUS-FREE.

ACCORDINGLY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AETOS CAPITAL REAL ESTATE, LP AND/OR ITS AFFILIATES, PRINCIPALS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR THIRD PARTY VENDORS BE LIABLE FOR OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS, LIABILITY, COST, CLAIM, EXPENSE OR OTHER DAMAGE WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OR PERFORMANCE OF THIS SITE OR ANY THIRD PARTY WEBSITES ACCESSIBLE THROUGH A LINK TO THIS SITE (INCLUDING WITHOUT LIMITATION THE INVESTOR LOG-IN SCREEN), (II) THE INTERCEPTION BY THIRD PARTIES OF ANY INFORMATION OR SERVICES MADE AVAILABLE THROUGH THIS SITE OR (III) A DELAY OR INABILITY TO USE THIS SITE, IN EACH CASE WHETHER BASED ON THEORIES OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE MAY HAVE BEEN WITHIN AETOS CAPITAL REAL ESTATE’S CONTROL, EVEN IF AETOS CAPITAL REAL ESTATE HAS BEEN ADVISED OF THE POSSIBILITY OF LOSS OR DAMAGE.

THE FOREGOING LIMITATION ON LIABILITY INCLUDES, WITHOUT LIMITATION, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A SITE USER’S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER CONNECTIVITY PROBLEMS, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS OR COMPUTER MALFUNCTION. AETOS CAPITAL REAL ESTATE CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THIS SITE.

No Offer Or Solicitation

The content contained on this Site is for general informational purposes only and is not intended to and does not in any way constitute an offer, solicitation or recommendation to purchase, subscribe to or sell any securities, other financial instruments or investments, advisory services or other products or services. Any such offer can be made only in jurisdictions where lawful and in compliance with applicable law and regulation. Aetos Capital Real Estate does not intend to provide investment, legal or tax advice through this Site and does not represent that any securities or services discussed herein are suitable for any investor.

Password Protected Areas

Certain areas of this Site are password protected and are only accessible to those who have been issued a password from an authorized representative of Aetos Capital Real Estate. You may not attempt to access any password protected areas from the Site unless you have received proper authorization and been issued a valid password. In the event that you have been issued such a password, you acknowledge and agree that Aetos Capital Real Estate has granted you limited access to specific files pertaining to investments relevant to you, and you agree not to attempt to access computer files other than those specific files.

The password-protected portions of this Site may include investment performance reporting that contains "forward-looking statements". Any such forward-looking statements are intended to represent Aetos Capital Real Estate’s judgment and future expectations. However, a number of risks, uncertainties and other important factors could cause actual developments and results to differ materially from Aetos Capital Real Estate’s expectations. Aetos Capital Real Estate is under no obligation to (and expressly disclaims any such obligation to) update or alter its forward looking statements whether as a result of new information, future events, or otherwise. You should also be aware that past performance indicated in account statements is not necessarily indicative of future results. The value of investments may fall as well as rise and investors may not receive a return of the amounts invested.

Security of User Logins

The user identification and password (collectively, "User ID") that may be provided to you by Aetos Capital Real Estate are for your exclusive use only. By accepting your User ID, you agree (i) to protect the confidentiality and security of such User ID and of the Site and its contents and (ii) that such information will only be communicated within your organization to properly authorized employees and agents, as applicable. Aetos Capital Real Estate is not responsible for any damages or losses resulting from any breach of security caused by your failure to maintain the confidentiality of your User ID. You agree to notify Aetos Capital Real Estate immediately in the event of the loss or theft of your User ID, or if you believe the confidentiality of your User ID has been compromised in any way, or in the event of your learning about a possible or actual unauthorized use of your User ID.

Linked Sites

You may access from this Site, by means of the investor log-in screen, web pages hosted by an external vendor that provide you with information concerning your account, as well as other web sites hosted by third parties. Should you leave this site via the client login screen or another link contained herein, you do so at your own risk. Aetos Capital Real Estate is not responsible for damages or losses caused by any delays, defects or omissions that may exist in the services, information or other content provided by third party vendors or any other third party on external web sites, whether such damages or losses are actual, alleged, consequential or punitive. The inclusion of any link to a third party website does not imply an affiliation, sponsorship, endorsement, approval, verification or monitoring of such website by Aetos Capital Real Estate. You should be aware that the terms and conditions of such site and the site’s privacy policy may be different from those applicable to your use of this Site. Visitors to this Site agree not to display hyperlinks on their websites to any website owned or operated by Aetos Capital Real Estate unless they have a written agreement with Aetos Capital Real Estate governing such display.

Ownership of Materials

The content of this Site is the exclusive property of Aetos Capital Real Estate, or in some cases a third party who has granted Aetos Capital Real Estate the right to use certain content on the Site, and is protected by U.S. and international intellectual property laws. Aetos Capital Real Estate, or the applicable third party owner, retains all right, title and interest (including copyrights, trademarks, patents, as well as any other intellectual property or other right) in all information and content (including all text, data, graphics and logos) on this Site. Individual pages and/or sections of the Site may be printed for non-commercial personal or internal use only, and provided that such print outs retain all applicable copyright or other legends and notices. All users must not, without limitation, modify, copy, transmit, distribute, display, perform, reproduce, publish, license, frame, create derivative works from, transfer or otherwise use in any other way for commercial or public purposes in whole or in part any information, text, graphics, images, video clips, directories, databases, listings or software obtained from the Site without the prior written permission of Aetos Capital Real Estate. Systematic retrieval of content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) or creating links to the Site without written permission from Aetos Capital Real Estate is prohibited.

Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site without the prior written permission of Aetos Capital Real Estate or such other third party that may own the trademark displayed on this Site. Your use of the trademarks displayed on this Site, except as expressly provided herein, is strictly prohibited. Aetos Capital Real Estate reserves all rights not expressly granted herein with respect to copyright and trademark ownership of all material on the Site. Notifications of claimed copyright infringement within this Site under United States copyright law should be sent to: Aetos Capital Real Estate, LP, 680 Fifth Avenue, 24th Floor, New York, NY 10019, Attention: Legal & Compliance; legal@aetoscapitalasia.com; (212) 710-3200.

Unauthorized Use; Termination of Access

Unauthorized use of this Site including, without limitation, misuse of passwords or misuse of any other information, is strictly prohibited. You may not use this Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use thereof or for any purpose that is unlawful or otherwise prohibited by these Terms. You may not attempt to gain unauthorized access to any password-protected portions of the Site or any computer networks affiliated with Aetos Capital Real Estate or obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Site. You agree that you will not engage in any activities related to this Site that are contrary to applicable laws or regulations. Aetos Capital Real Estate reserves the right, in its sole discretion, to terminate any user’s access to this Site for any reason without notice.

International Use; Jurisdiction

This Site is maintained in the United States of America and Aetos Capital Real Estate makes no representations that information or materials presented on the Site are appropriate for use in jurisdictions outside of the United States. Those who access the Site from outside of the United States do so at their own risk and are responsible for compliance with all local laws applicable to their use of the Site. Accessing the Site from locations where it is illegal is prohibited. The information and materials provided on the Site are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Aetos Capital Real Estate to any additional registration, authorization or licensing requirement within such jurisdiction or country. Some products and services described in this Site may not be available in all jurisdictions or to all prospective investors.

Governing Law; Severability

These Terms are governed by, and shall be construed in accordance with, the laws of the State of New York. Any claim related to any dispute arising as a result of the Site or under these Terms and Conditions of Use must be made before a state or federal court of competent jurisdiction located in New York County, New York and visitors of this Site hereby consent and submit to the personal jurisdiction of such courts for the purposes of any such dispute or action. Any cause of action you may have with respect to your use of this Site must be commenced within one (1) year after the claim or cause of action arises.

If any part of these Terms is determined to be invalid or unenforceable in any jurisdiction pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded solely in such jurisdiction by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Any such finding shall not affect the validity, lawfulness or enforceability of the remainder of these Terms in that jurisdiction, nor shall it affect the validity, lawfulness or enforceability of these Terms in any other jurisdiction.

The failure of Aetos Capital Real Estate to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit Aetos Capital Real Estate’s rights with respect to such breach or any subsequent breaches. These Terms constitute the entire agreement between Aetos Capital Real Estate and you with respect to this Site and it supersedes all prior or contemporaneous communications, agreements and understandings between Aetos Capital Real Estate and you with respect to the subject matter hereof. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings. Notwithstanding the foregoing, nothing contained in these Terms is intended to modify or amend any other written agreement you have with Aetos Capital Real Estate ("Other Agreements") if any, that may currently be in effect. In the event of any inconsistency between these Terms and any Other Agreements, the relevant terms of the Other Agreements will govern.

Indemnification

As a condition of your use of the Site, you agree to indemnify and hold harmless Aetos Capital Real Estate, LP, its affiliates, and their respective principals, officers, directors, employees and agents from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorney’s fees), as incurred, arising from or in connection with your use of the Site or information herein in breach of these Terms.

Privacy Policy

Aetos Capital Real Estate respects the privacy of visitors to this Site. This policy describes how and when we gather information from visitors to the Site. If we materially change our policy or practices, we will update these Terms to notify you of such changes.

Information We May Collect

We may record certain non-identifiable information that becomes available to us as a result of your visit to our Site including, without limitation, the number and frequency of visitors to our Site. This information includes, for example, the Internet browser you are using, your IP address, domain names, access times and referring Web site addresses. If we use such data at all, it will be on an aggregate basis, and we will not disclose to third parties any information that could be used to identify you personally.

Password Protected Areas

If you enter a password-protected portion of the Site, then the Site will recognize who you are based upon your login information and will collect information regarding the login such as the date and time and IP address.

Personally Identifiable Information

If you voluntarily submit information through the Site, such as a request for information, we may record and use any personally identifiable information, such as your name, phone number and e-mail address, for reasonable business purposes including, but not limited to, fulfilling your request.

Disclosures to Third Parties

We may use third party service providers to design, revise and operate our Site. These service providers may have access to the personally identifiable information you submit through the Site, but only for the purpose of performing their duties. These persons may not use your personally identifiable information for any other purpose. We will not provide any personally identifiable information to any other persons, except if we are required to make disclosures to the government or private parties in connection with a lawsuit, subpoena, investigation or similar proceeding. You hereby authorize us to disclose any such information in those circumstances.

Third Party Sites

This Site may contain links to other web sites and this privacy policy does not apply to those sites. If you link to those sites, we recommend that you review those sites’ privacy policies.

Contact Us

If you have any questions regarding these Terms, please contact us by phone at +1 (212) 710-3200 or by mail:

Aetos Capital Real Estate, LP
680 Fifth Avenue, 24th Floor
New York, NY 10019
Attention: Legal & Compliance