Terms and Conditions
READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY BEFORE USING THE SERVICES DESCRIBED HEREIN. BY UTILIZING THE WEBSITE LOCATED AT www.blackrockkelso.com (“WEBSITE”), YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND THAT YOU AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT AN AUTHORIZED USER OF THESE SERVICES AND YOU SHOULD NOT USE THIS WEBSITE.
BLACKROCK KELSO CAPITAL RESERVES THE RIGHT TO CHANGE, MODIFY, ADD OR REMOVE PORTIONS OF THESE TERMS AT ANY TIME FOR ANY REASON. WE SUGGEST THAT YOU REVIEW THESE TERMS PERIODICALLY FOR CHANGES. YOU ACKNOWLEDGE THAT BY ACCESSING OUR WEBSITE AFTER WE HAVE POSTED CHANGES TO THESE TERMS, YOU ARE AGREEING TO THESE TERMS AS MODIFIED.
Nothing contained on this Website constitutes tax or investment advice. Neither the information, nor any opinion, contained on this Website constitutes a solicitation or offer by BlackRock Kelso Capital or its affiliates to buy or sell any securities, futures, options or other financial instruments, nor shall any such security be offered or sold to any person in any jurisdiction in which such offer, solicitation, purchase, or sale would be unlawful under the securities laws of such jurisdiction. Decisions based on information contained on this Website are the sole responsibility of the visitor, and in exchange for using this Website, the visitor agrees to hold BlackRock Kelso Capital harmless against any claims for damages arising from any decisions that the visitor makes based on such information.
The information provided on this Website is provided "AS IS" and without warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, BlackRock Kelso Capital disclaims all warranties, including, but not limited to, any warranty of non-infringement of third-party rights and any implied warranties of merchantability and fitness for a particular purpose. BlackRock Kelso Capital does not warrant, either expressly or impliedly, the accuracy or completeness of the information, text, graphics, links or other items contained on this Website and BlackRock Kelso Capital expressly disclaims all liability for errors and omissions in these materials and for the use or interpretation by others of information contained on the Website.
Certain information provided through this Website has been filed with the Securities and Exchange Commission ("SEC") (such materials being referred to as "SEC Materials"). The SEC Materials and other public disclosures contained on this Website contain forward-looking statements within the meaning of the Private Securities Litigation Reform Act. Forward-looking statements are typically identified by words or phrases such as “trend,” “potential,” “opportunity,” “pipeline,” “believe,” “comfortable,” “expect,” “anticipate,” “current,” “intention,” “estimate,” “position,” “assume,” “potential,” “outlook,” “continue,” “remain,” “maintain,” “sustain,” “seek,” “achieve,” and similar expressions, or future or conditional verbs such as “will,” “would,” “should,” “could,” “may” or similar expressions.
BlackRock Kelso Capital cautions that forward-looking statements are subject to numerous assumptions, risks and uncertainties, which change over time. Forward-looking statements speak only as of the date they are made, and BlackRock Kelso Capital assumes no duty to and does not undertake to update forward-looking statements. Actual results could differ materially from those anticipated in forward-looking statements and future results could differ materially from historical performance.
In addition to factors previously disclosed in BlackRock Kelso Capital's SEC Materials and those identified elsewhere on this Website, the following factors, among others, could cause actual results to differ materially from forward-looking statements or historical performance: (1) the introduction, withdrawal, success and timing of business initiatives and strategies; (2) changes in political, economic or industry conditions, the interest rate environment or financial and capital markets, which could result in changes in demand for products or services or in the value of assets under management; (3) the relative and absolute investment performance of BlackRock Kelso Capital's advised or sponsored investment products; (4) the impact of increased competition; (5) the impact of capital improvement projects; (6) the impact of future acquisitions or divestitures; (7) the unfavorable resolution of legal proceedings; (8) the extent and timing of any share repurchases; (9) the impact, extent and timing of technological changes and the adequacy of intellectual property protection; (10) the impact of legislative and regulatory actions and reforms and regulatory, supervisory or enforcement actions of government agencies relating to BlackRock Kelso Capital; (11) terrorist activities and international hostilities, which may adversely affect the general economy, financial and capital markets, specific industries, and BlackRock Kelso Capital; (12) the ability to attract and retain highly talented professionals; and (13) the impact of changes to tax legislation and, generally, the tax position of BlackRock Kelso Capital;.
Trademarks and Copyrights
All trademarks, service marks, trade names, and logos displayed on this Website are proprietary to BlackRock Kelso Capital and/or their respective owners. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this Website without the written permission of BlackRock Kelso Capital or such other third party that may own the trademark displayed on this Website. Your use of the trademarks displayed on this Website, except as provided herein, is strictly prohibited.
The use of the images displayed on this Website by you, or anyone else authorized by you, is prohibited. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications, regulations and statutes. If you download any information from this Website, you agree that you will not copy it or remove or obscure any copyright or other notices or legends contained in any such information.
The content contained on this Website is protected by copyright laws. Accordingly, you may not copy, distribute, modify, post or frame this Website, including any text, graphics, video, audio, software code, user interface design or logos. You may download material displayed on this Website provided you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost, or use the content of this Website for public or commercial purposes, including the text, images, audio, and video, without BlackRock Kelso Capital's written permission. Modification or use of the materials for any other purpose violates BlackRock Kelso Capital's intellectual property rights.
Links to Other Websites
BlackRock Kelso Capital may establish links between this Website and one or more websites operated by third parties. BlackRock Kelso Capital has no control over any such other websites, the contents therein or the products/services offered. The existence of any such links shall not constitute an endorsement of, or representation or warranty by BlackRock Kelso Capital regarding, such websites, the contents of the websites, the products or services of the websites or the operators of the websites. BlackRock Kelso Capital disclaims responsibility for the privacy policies and customer information practices of third-party internet websites hyperlinked from our Website.
Links to BlackRock Kelso Capital from Other Websites
You shall not display hyperlinks on your websites to any website owned or operated by BlackRock Kelso Capital. If you desire to display on your website a hyperlink to a BlackRock Kelso Capital website, you must enter into a written agreement with BlackRock Kelso Capital governing such display. Access to any BlackRock Kelso Capital website does not authorize you to use any of BlackRock Kelso Capital's names, logos, trademarks or copyrighted material, and you agree not to do so without BlackRock Kelso Capital's express written consent. Requests to display hyperlinks on your websites to BlackRock Kelso Capital websites should be e-mailed to email@example.com.
Transmissions to and From this Website
Electronic communications can be intercepted by third parties and, accordingly, transmissions to and from this Website may not be secure. Communications to BlackRock Kelso Capital, particularly those containing confidential information, may be sent by mail to: BlackRock Kelso Capital Advisors LLC, 40 East 52nd Street, New York, NY 10022. BlackRock Kelso Capital shall be free to use, for any purpose, any ideas, concepts, know-how, or techniques provided by a website user to BlackRock Kelso Capital through this Website. You acknowledge and agree that BlackRock Kelso Capital has granted you limited access to specific files pertaining to BlackRock Kelso Capital (“Approved Files”), and you agree not to attempt to access computer files other than the Approved Files.
Jurisdiction and Governing Law
The information provided on this Website is 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 BlackRock Kelso Capital or its affiliates to any registration requirement within such jurisdiction or country.
The laws of the State of New York govern these Terms. If you take legal action relating to these Terms, you agree to file such action only in the New York State Supreme Court located in New York, NY, or the United States District Court for the Southern District of New York, and you consent and submit to the personal jurisdiction of those courts for the purpose of litigating any action with BlackRock Kelso Capital.
Limitation of Liability
BLACKROCK KELSO CAPITAL WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THIS WEBSITE). THIS IS TRUE EVEN IF BLACKROCK KELSO CAPITAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR IF YOU ACCESS THE WEBSITE SOLELY THROUGH AN ARRANGEMENT WITH YOUR EMPLOYER OR PLAN SPONSOR, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
No waiver by BlackRock Kelso Capital of any right under or term or provision of these Terms will be deemed a waiver of any other right, term, or provision of these Terms at that time or a waiver of that or any other right, term, or provision of these Terms at any other time.
Integration and Severability
If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions.