Complaint Handling Measures

Aetos Japan has established “Complaint Handling Measures” and “Dispute Resolution Measures” in accordance with the Financial Instruments and Exchange Act of Japan, as further described below.

Complaint Handling Measures
If you have a complaint pertaining to Aetos Japan’s business as a Type 2 Financial Instruments Business Operator or advisory function, please contact the Corporate Services Division, Legal and Compliance as follows:

Aetos Japan, LLC, Corporate Services Division, Legal and Compliance 16F Mita Kokusai Building, 1-4-28 Mita, Minato-ku, Tokyo, 108-0073
Phone: 03-6275-1950 (Business Hours: Monday – Friday 9：00～17：00)

Type 2 Financial Instruments Business Operator

If you seek assistance of a third party for the resolution of complaints pertinent to our Type 2 Financial Instruments Business Operator activities, you may contact one of the following third party organizations. However, dispute resolution entities are not limited to those below and if you wish to use a different third party organization, please contact us.

  1. Financial Instruments Mediation Assistance Center
    Daini Shoken Kaikan, 2-1-1 Nihonbashi Kayabacho, Chuo-ku, Tokyo, 103-0025
    Phone: 0120-64-5005 (Toll Free)

    • FINMAC is subcontracted by the Type 2 Financial Instruments Firms Association in
      which our firm is a member.
  2. Any of the following bar association dispute resolution center or arbitration/mediation center
    • Tokyo Bar Association
      Bar Association Bldg., 6F, 1-1-3 Kasumigaseki, Chiyoda-ku, Tokyo 100-0013
      Phone: 03-3581-2201 (Main)
      Dispute Resolution Center 03-3581-0031
    • Daiichi Tokyo Bar Association
      Bar Association Bldg., 11-13F, 1-1-3 Kasumigaseki, Chiyoda-ku, Tokyo 100-0013
      Phone: 03-3595-8585 (Main)
      Arbitration and Mediation Center 03-3595-8588
    • Daini Tokyo Bar Association
      Bar Association Bldg., 9F, 1-1-3 Kasumigaseki, Chiyoda-ku, Tokyo 100-0013
      Phone: 03-3581-2255 (Main)
      Arbitration and Mediation Center 03-3581-2249

Investment Advisory / Agency Business

If you seek assistance of a third party for the resolution of complaints pertinent to our investment advisory business, you may contact one of the following bar association dispute resolution centers or arbitration and mediation centers. However, dispute resolution entities are not limited to those below and if you wish to use a different third party organization, please contact us.

  • Tokyo Bar Association
    Bar Association Bldg., 6F, 1-1-3 Kasumigaseki, Chiyoda-ku, Tokyo 100-0013
    Phone: 03-3581-2201 (Main)
    Dispute Resolution Center 03-3581-0031
  • Daiichi Tokyo Bar Association
    Bar Association Bldg., 11-13F, 1-1-3 Kasumigaseki, Chiyoda-ku, Tokyo 100-0013
    Phone: 03-3595-8585 (Main)
    Arbitration and Mediation Center 03-3595-8588
  • Daini Tokyo Bar Association
    Bar Association Bldg., 9F, 1-1-3 Kasumigaseki, Chiyoda-ku, Tokyo 100-0013
    Phone: 03-3581-2255 (Main)
    Arbitration and Mediation Center 03-3581-2249

Basic Policy for Prevention of Relationships with Anti-Social Forces

Our firm will handle anti-social forces in the following manner.

  1. In dealing with unjustified demands from anti-social forces, we will conduct matters as an organization in a legal and calm manner while obtaining an accurate understanding based on the smooth coordination and cooperation structure of the relevant departments.
  2. We will secure the safety of all employees responding to unjustified demands from anti-social forces.
  3. We will establish close relationships with external experts, such as the police, Center for the Removal of Criminal Organizations, legal counsels, etc., in preparation for any unjustified demands by anti-social forces.
  4. We will have absolutely no relationships with anti-social forces including transactional relationships and will reject all unjustified demands from anti-social forces.
  5. We will take legal measures, both civil and criminal in response to unjustified demands by anti-social forces.
  6. We will never negotiate backdoor deals with anti-social forces, even if their unjustified demands are due to any misconduct of the firm’s own business activities or of its employees.
  7. We will never conduct profit sharing with anti-social forces.

END

Registrations
Aetos Japan is a registered Financial Instruments Business Operator (Type II Financial Instruments Business; Investment Advisory and Agency Business). Our registration is number 1815 (Kinsho) and was issued by the Director of the Kanto Local Finance Bureau.

Member Associations
Type 2 Financial Instruments Firms Association

Company Structure and Representative in Japan
Aetos Japan, LLC is a limited liability company organized under the laws of the State of Delaware (USA) as a subsidiary of Aetos Capital Real Estate, LP. Aetos Japan’s representative in Japan is Takayuki Kobayashi.

Introduction

This website, www.aetosjapan.com (“Site”), is owned and operated by Aetos Japan, LLC (“Aetos Japan” or the “Company”). This Site is intended to provide a brief introduction to the Company. It is not intended to be a comprehensive source of information regarding the Company’s business. The Company 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 JAPAN 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 Japan 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. Aetos Japan 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 JAPAN 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 JAPAN 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 JAPAN 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, (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 JAPAN’S CONTROL, EVEN IF AETOS JAPAN 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 JAPAN 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 Japan does not intend to provide investment, legal or tax advice through this Site and does not represent that any real estate investments or services discussed herein are suitable for any investor.

References to Specific Properties
Please note that the inclusion of property-specific photographs on this website does not necessarily indicate current ownership by a fund or other investment vehicle associated with Aetos Japan.

Linked Sites
This Site may provide links to other web sites hosted by third parties. Should you leave this site via a link contained herein, you do so at your own risk. Aetos Japan 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 Japan. 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 Japan or its affiliates unless they have a written agreement with Aetos Japan or such affiliates governing such display.

Ownership of Materials
The content of this Site is the exclusive property of Aetos Japan, or in some cases a third party that has granted Aetos Japan the right to use certain content on the Site, and is protected by intellectual property laws. Aetos Japan, 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 Japan. 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 Japan 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 Japan 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 Japan 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 should be sent to: Aetos Japan, LLC, Corporate Services Division, Legal and Compliance, 16F Mita Kokusai Building, 1-4-28 Mita, Minato-ku, Tokyo, 108-0073

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 Japan 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 Japan 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 Japan and Aetos Japan makes no representations that information or materials presented on the Site are appropriate for use in jurisdictions outside of Japan. Those who access the Site from outside of Japan 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 Japan 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 Japan. 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 court of competent jurisdiction located in Japan 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 Japan to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit Aetos Japan’s rights with respect to such breach or any subsequent breaches. These Terms constitute the entire agreement between Aetos Japan and you with respect to this Site and it supersedes all prior or contemporaneous communications, agreements and understandings between Aetos Japan 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 Japan (“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 Japan, 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.