Terms and Conditions of Use for the Investor Portal
Thank you for visiting the Investor Portal, provided to you solely for informational purposes by Kelso & Company, L.P. (“Kelso”). By accessing the Investor Portal (the “Portal”), you agree to be bound by these Terms and Conditions of Use and the Privacy Statement accessible through the link at the bottom of the Investor Portal website, as well as the Online Terms of Use and Online Privacy Policy accessible through the links at the bottom of the Kelso website. If you do not accept these terms please do not continue to access the Portal. We may change any aspect of the Portal, or suspend it, at any time and without notice. We may also change these Terms and Conditions of Use at any time by posting a new version to the Portal. Any changes will be effective when posted.
The materials accessible through the Portal are provided for general information purposes only and do not constitute professional or financial advice. Information on the Portal may not be accurate or current and may be rendered inaccurate by changes in law or regulation. Nothing on or accessible through the Portal site is intended to constitute an offer to sell or a solicitation of an offer to buy any interest in any investment vehicle managed by Kelso or any company in which Kelso or its affiliates have invested. You are responsible for obtaining your own legal, tax and financial advice before entering into any transaction or investment with a member of Kelso.
If it is illegal or prohibited in your country to access or use the Portal, then you should not do so. You are responsible for compliance with all local laws and regulations. The distribution of material on the Portal may be restricted by the laws or regulations of the country from which you are accessing it. The information accessible through the Portal is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution would be contrary to local law or regulation. We make no warranties that the materials on the Portal are appropriate or available for use in such locations.
You may download and print materials from the Portal solely for your personal use, but you may not use or copy them for commercial purposes, make more than a few copies of a given page or item or copy a substantial proportion of the Portal, except with our prior written permission. Copies must not alter the original content and must reproduce our copyright notices. Please be advised that Kelso may record certain usage information, such as the number of your visits to the Portal.
All content included on the Portal, such as graphics, logos, articles and other materials, is the property of Kelso or others and is protected by copyright and other applicable laws and regulations. All trademarks and logos displayed on the Portal are the property of their respective owners, who may or may not be affiliated with Kelso.
Neither we nor any of our agents, members, partners, officers, directors or employees are responsible for any damages, liabilities or injury, including, but not limited to, direct, indirect, incidental, special, exemplary, punitive or consequential damages, or for any lost profits or losses, however caused, arising out of your use of (or inability to use) the Portal, whether arising under these Terms and Conditions of Use or otherwise. Kelso’s liability is limited to the maximum extent permitted by law and is limited even if Kelso has been advised of the possibility of the damages, liability or injury that you suffer, including any damages, liabilities or injury caused by any failure of performance, error, omission, defect, interruption, delay in operation, computer virus, line failure or other computer malfunction. Without limiting the foregoing, under all circumstances, the maximum liability of Kelso, its agents and employees with respect to your use of the Portal is $1.
There may be links from the Portal to external Internet sites. In addition, third-party sites may link to the Portal, with or without Kelso’s consent. We are not responsible in any way for the content or performance of those sites.In exchange for using the Portal, you agree to indemnify and hold Kelso, our agents, members, partners, officers, directors and employees harmless against any and all claims, losses, liabilities, costs and expenses (including, but not limited to, attorneys’ fees) arising from your use of the Portal or your violation of these Terms and Conditions of Use. In addition, you understand and agree that your use of the Portal is predicated upon your waiver of any right to sue Kelso, our agents, members, partners, officers, directors and employees directly or to participate in a suit for any losses or damages resulting from your use of the Portal.
There may be links from the Portal to external Internet sites. In addition, third-party sites may link to the Portal, with or without Kelso’s consent. We are not responsible in any way for the content or performance of those sites.
YYou agree that your use of the Portal and any disputes relating to the Portal or these Terms and Conditions of Use shall be governed in all respects by the laws of the State of New York. Any dispute relating hereto shall be brought solely in the Supreme Court of the State of New York, in the Borough of Manhattan, or the United States District Court for the Southern District of New York and you expressly consent to the exercise of personal jurisdiction by and to venue in such courts for purposes of resolving such disputes. You agree to bring any claim solely in your individual capacity and you expressly waive any right to bring any claim as part of a group or as a class action. You must commence any cause of action you may have with respect to your use of the Portal within one year after the claim or cause of action arises. If, for any reason, a court of competent jurisdiction finds any provision in these Terms and Conditions of Use to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions of Use, and the remainder shall continue in full force and effect. Any failure or delay by Kelso in enforcing an obligation or exercising a right under these Terms and Conditions of Use does not amount to a waiver of that obligation, or right or any other obligation or right.