Kelso & Company, L.P. Terms of Use

Users should read these Terms of Use carefully before accessing this website.

Welcome to the Kelso & Company, L.P. (together with its affiliated fund and management entities, “Kelso” or “we”) website.  By accessing or using this website, you acknowledge that you have read these Terms of Use in their entirety and agree to abide by them.  These Terms of Use, which incorporate our Online Privacy Policy (see below), constitute a legally binding agreement (the “Agreement”) between you and Kelso and govern your access and use of the website.

By accepting these Terms of Use, you represent and warrant to Kelso that you are authorized to enter into this Agreement.  If you do not accept these conditions, do not use this website.  Kelso may change, add or remove portions of the Terms of Use from time to time and any modifications will be effective immediately upon posting unless we indicate otherwise.  Your use of the website indicates your full acceptance of these Terms of Use in its then current form each time you access the website.  We suggest that you review these Terms of Use periodically for changes.

OWNERSHIP

All content included on this website, such as documents, charts, graphics, logos, articles and other materials, is the property of Kelso or others and is protected by copyright and other laws. All trademarks and logos displayed on this website are the property of their respective owners, who may or may not be affiliated with Kelso.

NO OFFER OF SECURITIES OR ADVICE

Nothing on this website is an offer or solicitation to buy or sell any security.  Although the website may include investment-related information, nothing on this website is a recommendation that you purchase, sell or hold any security or other investment, or that you pursue any investment style or strategy.  Nothing on this website is intended to be, and you should not consider anything on the website to be, investment, accounting, tax or legal advice.

The information contained in the website may include certain historical investment performance information and forward-looking statements relating to the Kelso funds as well as to their underlying portfolio companies.  Forward-looking statements are not guarantees of the underlying expected actions or future performance and future results may differ significantly from those anticipated by the forward-looking statements.  Past performance is not indicative of future results and there can be no assurance that future performance will be comparable to past performance.

RESTRICTIONS ON USE

You may not access the website or use the information contained in the website for any illegal purpose or in any manner inconsistent with these Terms of Use.  You agree to access the website and use the information contained therein solely for your own noncommercial use and benefit and not for resale, redistribution or other transfer or disposition to, or use by or for the benefit of, any other person or entity.  You agree not to use, transfer, distribute or dispose of any information contained in the website in any manner that could compete with the business of Kelso or its portfolio companies.

RISKS YOU ASSUME BY USING THE WEBSITE

Information on the website speaks only as of the date indicated.  While we make reasonable efforts to provide accurate information, at times we may not promptly update or correct the website even if we are aware that it is inaccurate, outdated or otherwise inappropriate.  You agree that we are not responsible for any action that you take or decision you make in reliance on any information contained in the website.

THIRD PARTY WEBSITES

Please note that these Terms of Use apply only to this website and not to other websites that may be accessible from this website via hyperlink. We are responsible only for the content of our own website and we have no control over other websites that may be accessible from this website, the contents therein or the products/services offered thereby. If you access any third party website through our website or otherwise, you do so at your own risk. Hyperlinks to or from this website do not constitute third party endorsement of, sponsorship by or affiliation with us. We encourage you to review the privacy policies and user agreements of all other websites that you visit as such policies and agreements will govern your use of those websites.

INTERNATIONAL USE

This website is hosted in the United States. Kelso does not claim that this website is appropriate for your specific jurisdiction. You agree that you are solely responsible for compliance with any laws of your specific jurisdiction and further agree that you shall not use this website if you are restricted by any local, state, national or international laws.

DISCLAIMER OF WARRANTIES

You acknowledge that we provide the contents of this website on an “as is” basis with no warranties of any kind. We disclaim all representations and warranties, express or implied of any kind with respect to the website, including warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property and proprietary rights. Without limiting the foregoing, we do not warrant the availability, accuracy, completeness, timeliness, functionality, reliability, speed or delivery of the website or any part of the information contained in this website. Your use of this website and use or reliance upon any of the materials on it is solely at your own risk.

LIABILITY

Neither we nor any of our agents, members, 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) this website, whether arising under this Agreement or otherwise. Our liability is limited to the maximum extent permitted by law and is limited even if we have been advised of the possibility of the damages, liability or injury that you suffer or if any remedy you have fails of its essential purpose, including any damages, liabilities or injury caused by any failure of performance, error, omission, interruption, defect, 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 this website is $1.

In exchange for using this website, you agree to indemnify and hold Kelso, our agents, members, 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 this website or your violation of this Agreement.  In addition, you understand and agree that your use of this website is predicated upon your waiver of any right to sue Kelso, our agents, members, directors and employees directly or to participate in a suit for any losses or damages resulting from your use of this website.

Notwithstanding the foregoing, nothing contained in preceding paragraphs or elsewhere in this Agreement shall constitute a waiver by you of any of your legal rights under applicable U.S. federal securities laws or any other laws whose applicability is not permitted to be contractually waived.

TERMINATION

Kelso may terminate your access to this website for any reason, without prior notice.  The Agreement shall survive any termination or expiration of your access to the website.

GOVERNING LAW

You agree that your use of this website and any disputes relating to the website or the Agreement shall be governed in all respects by the laws of the State of New York.  Any dispute relating to the above shall be brought solely in the state or federal courts located in the State 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. 

SEVERABILITY

If any provision of the Agreement is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from the Agreement and will not affect the validity and enforceability of the remaining provisions.  The Agreement constitutes the entire agreement and understanding between you and Kelso and supersedes any prior agreement and understandings with respect to your access to or use of the website.