Last Updated and Effective As Of: June, 2019
Uses of Our Site and Content
We have the right (but not the obligation) to monitor this Site for any unauthorized or objectionable conduct and to take all appropriate actions in response, without notice to you. We have listed below the permitted and prohibited uses of our Site and the Content by Site visitors.
You may copy, download and print individual pages of our Site for your own use. You may not remove any copyright, trademark or other proprietary notices or other legends from any such pages. You may not alter or modify the Content in your copies. In no event may you (i) extract, copy or download a large portion of the Content, such as by a bot, webcrawler, scraper, spider or other device that “harvests” portions of the Site, (ii) make more than the minimum number of copies of our Content for your own use, (iii) engage in any commercial exploitation of any of our Content, or (iv) post it elsewhere on the Internet.
You may not (and may not encourage others to) attempt to violate the security of this Site or use or gain access to the identities, information or computers of others, through this Site or use the Site to violate any law or regulation or the intellectual property, privacy or publicity, or contractual rights of others.
Trademarks and Other Intellectual Property
NAVAB CAPITAL PARTNERS, NCP and certain other marks or logos displayed on this Site are trademarks and service marks of and owned by NCP. You may not use any of those or any other NCP trademarks, trade names or service marks in any manner that creates the impression that such names and marks belong to or are associated with you or your affiliates or are used with NCP’s consent.
All Content included on the Site is owned by NCP or other parties, and is protected by copyright and other intellectual property law. All trademarks or service marks on the Site that are not owned by NCP are the property of their respective owners. You may not use any such trademarks or service marks without the permission of their respective owners.
No Offer or Advice
The Content included on the Site is for informational purposes only and does not constitute an offer to sell or buy any securities, financial instruments, investments or other services of NCP or any entity, and may not be used or relied upon in connection with any offer or sale of securities, financial instruments, investments or other services. An offer or solicitation will be made only through a final private placement memorandum, subscription agreement and other related documents with respect to a particular investment opportunity and will be subject to the terms and conditions contained in such documents, including the qualifications necessary to become an investor.
NCP is not utilizing the Site to provide investment or other advice, and nothing on the Site is to be deemed a recommendation that you buy, sell, hold or make any other security or investment decision. The Site and its Content should not be relied upon for the purpose of making or communicating investment or other decisions nor construed as investment, legal, accounting, tax or other professional advice. To obtain such advice, you should consult with your own professional advisor. Any transactions listed on the Site are included as representative transactions and are not necessarily reflective of overall performance.
Forward Looking Statements
The contents of the Site may contain forward-looking statements that are based on beliefs, assumptions, current expectations, estimates, and projections about the financial industry, the economy, NCP itself or its investments. These statements are not guarantees of future performance and involve certain risks, uncertainties and assumptions that are difficult to predict with regard to timing, extent, likelihood and degree of occurrence. Therefore, actual results and outcomes may materially differ from what may be expressed or forecasted in such forward-looking statements. Furthermore, NCP undertakes no obligation to update, amend or clarify forward-looking statements, whether as a result of new information, future events or otherwise.
Past Performance is Not Indicative of Future Results
Any performance-related Content on the Site is exclusively an indication of past performance. NCP makes no representation that any investment or transaction will result in profits or losses similar to those achieved in the past, or that significant losses will be avoided.
Links to Other Websites
THE SITE AND ALL CONTENT AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED BY NCP ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY UNDERSTAND THAT NCP DOES NOT MAKE AND HEREBY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES OF TITLE OR NON-INFRINGEMENT, AS TO THE OPERATION OF THE SITE OR THE CONTENT AVAILABLE ON OR THROUGH THE SITE. NCP DOES NOT WARRANT THAT SUCH CONTENT IS ACCURATE, RELIABLE OR CORRECT, THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
You acknowledge and accept that: (1) the Site may not be available, may not function properly or may have or cause technological problems (including, without limitation, computer malfunction, failure of performance, delays, interruptions, defects, errors, worms or viruses) from time to time; and (2) NCP or its designee cannot, and does not, guarantee that the Site will be free of security problems (including, without limitation, unauthorized interception of data or communications).
All Content available on or through the Site is only as of the date indicated. Although we make reasonable efforts to provide accurate information, at times we may not promptly update or correct the Site even if we are aware that it is inaccurate, outdated or otherwise inappropriate.
Limitations of Liability
NCP and its affiliates and all of their respective officers, directors, managers, partners, members, shareholders, employees, affiliates, representatives, licensors and agents will not be liable hereunder for any direct or indirect damages or injury, including but not limited to special, incidental, punitive or consequential damages (whether in an action in contract or tort or under statute), that result from the use of (or the inability to use) the Site and its Content, or a website to which the Site links, including any damages or injury caused by any failure of performance, error, omission, interruption, defect, delay in operation, computer virus, line failure, or other computer malfunction, or from any action that you take or decision you make in reliance on any information contained in the Site.
Notwithstanding any references to Kohlberg Kravis Roberts & Co (“KKR”) contained on the Site or any websites to which the Site links, KKR is not responsible or liable for the contents of the Site or any such linked websites, and has no obligation to verify or update information therein. KKR’s investment committees take a consensus-based approach with respect to its investment-decision making process.
The Site is operated and controlled by NCP in the United States. Access to the Site from countries or territories where such access is illegal is prohibited. NCP makes no claims that the Site is appropriate or lawful for use or access outside the United States. To the extent that your access and use of the Site implicates the laws of a jurisdiction other than the United States, then you are responsible for compliance with such laws. You are solely responsible for complying with all local laws, rules and regulations regarding online conduct and website access.
Governing Law / Venue
NCP may terminate your access to the Site at any time, for any reason or no reason, with or without prior notice.