Terms and Conditions

Please review the following terms that govern your use of the website located at www.kohlberg.com (the “Site”), which is owned and operated by Kohlberg & Co., L.L.C. (“Kohlberg,” “we,” “us” or “our”). Please read these Terms and Conditions carefully before using this Site. NOTE THAT THESE TERMS AND CONDITIONS CONTAIN A CLASS ACTION WAIVER PROVISION THAT REQUIRES THE PARTIES TO RESOLVE ALL DISPUTES ON AN INDIVIDUAL BASIS AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES RELATING TO THE OPERATION OR USE OF THE SITE.

BY ACCESSING OR USING THE SITE, YOU AGREE TO THE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, INCLUDING THE CLASS ACTION WAIVER DESCRIBED BELOW, YOU MAY NOT ACCESS OR USE THE SITE.

We reserve the right to change our Terms and Conditions at any time. Any changes that we make will become a part of our agreement with you when they are posted to the Site. Your continued use of the Site will constitute your agreement to the changes we have made. If we make material changes, we will post the amended Terms and Conditions to the Site, and update the “Effective Date” date above. We may also notify you by sending an email notification to the address associated with your account (if you have an account) or by providing notice through the Site. Revisions are effective and binding when posted on the Site. The last date these Terms and Conditions were revised is set forth at the top of these Terms and Conditions.

Privacy Notice

By accessing or using the Site, you consent to our collection, use and disclosure of your information as disclosed in our Privacy Notice https://www.kohlberg.com/notices/ . Our Privacy Notice describes how we collect, use and disclose the information that you submit in connection with your use of the Site. Please review our Privacy Notice carefully before using the Site. 

Your Account

Access to certain portions of the Site (including the investor portal) may only be available to registered users who have expressly agreed to these Terms and Conditions. All registered members of the Site are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to their passwords or accounts. It is the registered member’s sole responsibility to: (1) control the distribution of their passwords or account information; (2) authorize, monitor, and control access to and use of their account and password; (3) inform us of any need to deactivate their password or change their registration, as soon as possible.

If your account login information is lost or stolen, or if you believe that your account has been accessed by unauthorized third parties, you are advised to notify us in writing, and should change your password at the earliest possible opportunity.

We reserve the right to disallow, cancel, remove, or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend, terminate, and delete your account if activities occur on that account which, in our sole discretion, would or might constitute a violation of these Terms and Conditions or an infringement or violation of the rights of any third party, or of any applicable laws or regulations.

Appropriate Use of the Site

You agree to use the Site in accordance with all applicable laws and to be solely responsible for your conduct while accessing or using the Site. In addition, without limitation, you will not, directly or indirectly, do any of the following while using or accessing the Site:

• Use or attempt to use another user’s account without authorization from that user and Kohlberg.
• Copy, reproduce, sell, rent, lease, distribute, transfer, modify or make derivative works from the Site or any Site Content (as defined below).
• Remove, alter or tamper with any copyright, trademark or other proprietary rights or legal notices contained in any Site Content obtained from the Site.
• Decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive any proprietary software code or information associated with the Site.
• Use the Site in any manner that could interfere in any way with the operation of the Site or any server, network or system associated with the Site, including by: hacking, mail-bombing, flooding, overloading, or making “denial of service” attacks; probing, scanning or testing the vulnerability of the Site or any server, network or system associated with the Site; breaching or circumventing firewall, encryption, security or authentication routines; accessing data not intended for you, or accessing another’s account that you are not expressly authorized to access.
• Use any automated program, tool or process (including web crawlers, robots, bots, spiders, and automated scripts) to access the Site or any server, network or system associated with the Site, or to extract, collect, harvest or gather Site Content or information from the Site.
• Frame or otherwise create a browser or border environment around any page or content of the Site, or deep-link to any internal page or area of the Site.
• Make any other use of the Site that violates these Terms and Conditions or any applicable law.

Links to Other Sites

We may provide links to other websites for your convenience in locating useful information. Such websites are not under our control. Accordingly, we expressly disclaim any responsibility for the privacy policies, information, collection practices, content, accuracy of information, and/or quality of such third-party websites, including any products and/or services provided by or advertised on such third-party websites. We are providing these links to you only as a convenience and the inclusion of any link does not indicate or imply any endorsement by us with respect to any third party or any website. You are responsible for complying with all terms and conditions governing the use of linked websites.

Release 

To the fullest extent permitted by applicable law, you release Kohlberg and its officers, directors, members, principals, investors, agents and employees (the “Kohlberg Parties”) from responsibility, liability, claims, demands, and/or damages of every kind and nature, in any way arising out of or related to the operation, or your use, of the Site or any Site Content that in any way arise out of or related to the acts or omissions of third parties (“Third Party Disputes”). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE ANY RIGHTS YOU MAY HAVE ARISING OUT OF THESE TERMS AND CONDITIONS UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” YOU ALSO WAIVE ANY RIGHTS YOU MAY HAVE WITH RESPECT TO THIRD PARTY DISPUTES UNDER ANY OTHER STATUTE OR COMMON LAW PRINCIPLES THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.

Indemnification

You hereby agree, at your own expense, to indemnify, defend and hold the Kohlberg Parties harmless from and against any and all liability costs incurred by these parties in connection with any claim arising out of any breach by you of these Terms and Conditions or any of the representations, warranties and covenants made by you herein, including, without limitation, attorneys’ fees and costs. You shall cooperate as fully as reasonably required or requested in the defense of any such claim. The Kohlberg Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of the Kohlberg Parties.

Disclaimer of Warranty and Limitation of Liability

THE SITE AND ALL SITE CONTENT PROVIDED ON OR THROUGH THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. YOUR USE OF THIS SITE AND ANY SITE CONTENT CONTAINED THEREIN, OR ANY LINKED SITE IS ENTIRELY AT YOUR OWN RISK. ALTHOUGH THE INFORMATION ON THIS SITE IS OBTAINED OR COMPILED FROM SOURCES KOHLBERG BELIEVES TO BE RELIABLE, KOHLBERG CANNOT AND DOES NOT GUARANTEE OR MAKE ANY REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, AS TO THE ACCURACY, VALIDITY, SEQUENCE, TIMELINESS, COMPLETENESS OR CONTINUED AVAILABILITY OF ANY INFORMATION OR DATA MADE AVAILABLE ON THIS SITE OR ON ANY LINKED SITE. 

IN NO EVENT SHALL ANY OF THE KOHLBERG PARTIES BE LIABLE FOR ANY DECISION MADE OR ACTION OR INACTION TAKEN BY YOU IN RELIANCE ON ANY INFORMATION OR DATA ON THIS SITE OR ON ANY LINKED SITE. THE KOHLBERG PARTIES FURTHER EXPLICITLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE KOHLBERG PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGES OR LOSS (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL AND ANY AND ALL OTHER FORMS OF DAMAGES OR LOSSES REGARDLESS OF THE FORM OF THE ACTION OR THE BASIS OF THE CLAIM) CAUSED OR ALLEGED TO BE CAUSED IN CONNECTION WITH YOUR USE OF THIS SITE WHETHER OR NOT FORESEEABLE, EVEN IF THE KOHLBERG PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE REMEDY AGAINST THE KOHLBERG PARTIES FOR ANY DISSATISFACTION OR DISPUTE ARISING OUT OF THE SITE OR ANY SITE CONTENT PROVIDED THEREIN IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

Site Content

All content and information contained within this Site or delivered to you in connection with your use of this Site (including all text, graphics, audio, video, icons, software code and trade secrets, as well as the overall organization, design, look, feel and appearance of this Site) (collectively, the “Site Content”) is protected under applicable patent, copyright, trademark and other intellectual property laws (collectively, “Proprietary Rights”), both as individual works and as a compilation. Kohlberg does not waive any of its Proprietary Rights in this Site or in any Site Content, and the availability of any Site Content shall not, under any circumstance, constitute a transfer of any Proprietary Rights of Kohlberg or any of their licensors to any user or any other third party.

Entire Agreement

These Terms and Conditions constitute the entire agreement of the parties hereto with respect to the subject matter hereof and supersede all prior agreements and undertakings, both written and oral, between the parties with respect to the subject matter hereof.

Severability

If any term or other provision of these Terms and Conditions is invalid, illegal or incapable of being enforced by any law or public policy, all other terms and provisions of these Terms and Conditions shall nevertheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to any party.

Governing Law; Forum

These Terms and Conditions shall be governed in all respects by the laws of the State of New York, without giving effect to principles of conflicts of law, and any litigation arising out of or connected in any way with these Terms and Conditions shall take place on an individual basis in a State or Federal court of competent jurisdiction in New York County, State of New York. Notwithstanding the foregoing, however, you and the Kohlberg Parties agree that the Kohlberg Parties may commence and maintain an action or proceeding seeking injunctive or other equitable relief in any court of competent jurisdiction. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.

Waiver of Jury Trial. 

YOU AND THE KOHLBERG PARTIES WAIVE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY ACTIONS OR PROCEEDINGS DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER, OR IN CONNECTION WITH, THESE TERMS AND CONDITIONS.

Waiver of Right to Pursue Class Action Claims

YOU AND THE KOHLBERG PARTIES AGREE THAT EACH MAY BRING CLAIMS OR OTHERWISE RESOLVE ANY DISPUTES AGAINST THE OTHER PARTY ONLY ON AN INDIVIDUAL BASIS, AND WAIVE ANY RIGHT TO PURSUE ANY CLAIMS AS A PLAINTIFF OF CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. FURTHER, YOU AND THE KOHLBERG PARTIES AGREE THAT ANY DISPUTE WILL NOT BE BROUGHT AS A CLASS OR OTHER TYPE OF REPRESENTATIVE ACTION, WHETHER WITHIN OR OUTSIDE OF ARBITRATION, OR ON BEHALF OF YOU OR ANY OTHER INDIVIDUAL OR GROUP OF INDIVIDUALS.

Contact Us

If you have a question or comment regarding these Terms and Conditions, please contact us at the address below:

Kohlberg
111 Radio Circle
Mt. Kisco, NY 10549