Terms of Use

Thank you for visiting the website of Kohlberg Kravis Roberts & Co. L.P. and its affiliates (together, “KKR”, “we” “our” or “us”).   The “Site” shall mean the website of OnyxCapital Holdings available to the general public and located at OnyxCapital.com and select other domains. By accessing this Site, you acknowledge and agree to accept the following Terms of Use pertaining to the use of the Site, which constitute a legal agreement between you and OnyxCapital.

By visiting the Site, you agree to the Terms of Use and Privacy Policy, which may be updated at any time. We will post updates to the Terms of Use here and any such changes will be effective upon posting. You should consult the Terms of Use each time you visit the Site. If you do not agree with it, you should not use the Site.

 

1. Uses of Our Site and Content

All content and information, and all trademarks, logos, copyrights and other intellectual property displayed on the Site is owned by OnyxCapital Holdings or their respective owners. By visiting this Site you agree to the following with respect to the content, materials, attachments and information on the Site (the “Content”).

• OnyxCapital Holdings grants you a limited, revocable, nonexclusive and nontransferable right to view, store, bookmark, download, copy and print pages from the Site solely for your personal and noncommercial use only.
• You may not use any trademark, service mark or logo of OnyxCapital Holdings or any third party that appears on the Site without prior written consent.
• You agree not to copy portions of the Site (such as by bots, robots or spiders that “harvest” the Site), interfere with the functioning of the Site or restrict or inhibit any others from using the Site.
• If you download copy, or print any information from the Site, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such Content. You may not alter or modify the Content in your copies.
• Unless you receive our written permission in advance, you may not exploit any of the Content commercially, forward it as a mass distribution, post it on another site, or otherwise copy, distribute or modify any portion of the Content or the Site.
• If you link other websites to this Site, you may not imply or suggest that OnyxCapital Holdings has endorsed or is affiliated with such websites and you may not display this Site as “framed” within another website.
• You may not (and may not encourage or assist others to) violate any law, regulation, rule or the intellectual property or contractual rights of others, or attempt to violate the security of this Site or use or gain access to the identities, information or computers of others through this Site.
• You may not delete, decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of this Site.
• You may not transmit any virus, worm, time bomb or similar system interference or corruptant through this Site.

OnyxCapital Holdings has 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 may at any time revoke your right to use all or any portion of the Site. OnyxCapital Holdings may investigate any complaint regarding or suspected violation of these Terms of Use, and may report any activity relating to this Site to regulators, law enforcement officials or other persons or entities that it deems appropriate.

2. Disclaimers

This Site is for general informational purposes only. Under no circumstances should any information or materials presented on the Site be used or construed as an offer to sell, or a solicitation of an offer to buy, any securities, financial instruments, investments or other services. Dated content speaks only as of the date indicated.

This Site does not provide specific investing advice or strategies to any individual or entity. The investments and strategies discussed in the Content may not be suitable for all investors and are not obligations of or guaranteed by OnyxCapital. The investments are not bank deposits and are not insured by the Federal Deposit Insurance Corporation or any other entity and are subject to investment risks, including the loss of the principal amount invested. Nothing contained on the Site constitutes investment, legal, tax or other advice nor is to be relied on in making an investment or other decision. Decisions based on the Content are the sole responsibility of the user. If you would like investment, accounting, tax or legal advice, you should consult with your own financial advisors, accountants or attorneys regarding your individual circumstances and needs. You agree that OnyxCapital Holdings is not liable for any action you take or decision you make in reliance on any Content. OnyxCapital Holdings will not treat users of the Site as its partners, clients, customers or investors by virtue of their accessing the Site.

Past performance is not a guarantee of future results. Information about any fund or strategy and investments made by such fund or strategy, including past performance of such fund, strategy or investment, is provided solely to illustrate OnyxCapital’s investment experience, and processes and strategies used by OnyxCapital Holdings in the past with respect to such funds or strategies. The performance information relating to OnyxCapital’s historical investments is not intended to be indicative of any fund’s or strategy’s future results or the future results of OnyxCapital. Certain funds or strategies are also relatively new and their limited historical results may not be indicative of results they will experience over a longer period of time. There can be no assurance that any OnyxCapital Holdings entity (including any OnyxCapital Holdings investment fund, vehicle or account, the OnyxCapital Holdings balance sheet or Global Atlantic insurance company) will achieve results comparable to any results included on this Site, or that any investments made by OnyxCapital Holdings entity now, in the past or in the future will be profitable, or that OnyxCapital Holdings entities will find investment opportunities similar to any presented on this Site. Actual realized value of currently unrealized investments will depend on, among other factors, the value of the investments and market conditions at the time of disposition, related transaction costs, and the timing and manner of sale, all of which may differ from the assumptions and circumstances on which the currently unrealized valuations are based. Accordingly, the actual realized values of unrealized investments may differ materially from the values indicated herein.

The Site contains forward-looking statements, which reflect our current views with respect to, among other things, the operations and performance of our businesses. You can identify these forward-looking statements by the use of words such as “outlook,” “believe,” “expect,” “potential,” “continue,” “may,” “should,” “seek,” “approximately,” “predict,” “intend,” “will,” “plan,” “estimate,” “anticipate” or the negative version of these words or other comparable words. Forward-looking statements are subject to various risks and uncertainties. These forward-looking statements are based on OnyxCapital’s beliefs, assumptions and expectations, but these beliefs, assumptions and expectations can change as a result of many possible events or factors, not all of which are known to OnyxCapital Holdings or within its control. Due to various risks and uncertainties, actual events or results may differ materially from those reflected or contemplated in such forward-looking statements. Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from those indicated in these statements. We undertake no obligation to publicly update or review any forward-looking statement, whether as a result of new information, future developments or otherwise.

Target, goal, hypothetical or estimated results, projections and other comparable phrases and concepts are hypothetical in nature and are shown for illustrative, informational purposes only. Except as otherwise specifically stated, this information is not intended to forecast or predict future events, but rather to show the hypothetical estimates calculated using the specific assumptions presented herein. It does not reflect any actual results, which may differ materially. Certain of the information has been made for illustrative purposes and may not materialize. No representation or warranty is made as to the reasonableness of the assumptions made or that all assumptions used in calculating the target, goal, hypothetical or estimated results have been stated or fully considered. Changes in the assumptions may have a material impact on the target, goal, hypothetical or estimated results presented. Target, goal, hypothetical or estimated results or projections may not materialize.

Any transactions described on the Site as having been engaged in by OnyxCapital Holdings are included as representative transactions for illustrative purposes only, and may not be representative of all transactions engaged in by OnyxCapital.

The views on Site may be the personal views of each author and contributor, as applicable, and do not necessarily reflect the views of OnyxCapital Holdings and its subsidiaries (“OnyxCapital Holdings Group”) or the strategies and products that OnyxCapital Holdings Group offers or in which it invests. Further, the inclusion of such views do not constitute a representation that OnyxCapital Holdings Group has adopted or intends to adopt practices that align with such views. Certain information may have been obtained from third parties, and may have not been updated through the date hereof. Neither OnyxCapital Holdings Group nor the author or contributor, as applicable, guarantees the accuracy, adequacy or completeness of information provided in each blog post. No representation or warranty, express or implied, is made or given by or on behalf of OnyxCapital Holdings Group, the author, the contributor or any other person as to the accuracy and completeness or fairness of the information and no responsibility or liability is accepted for any such information.

The information and services provided on this Site does not constitute tax, accounting, financial, investment, insurance, regulatory, legal or other advice by OnyxCapital Holdings or its representatives nor is it to be relied on in making an investment decision.  If you would like tax, accounting, financial, investment, insurance, regulatory, legal or other advice, you should consult with your own financial advisors, accountants or attorneys regarding your individual circumstances and needs. The information on this Site should not be viewed as a current or past recommendations or solicitations of an offer to buy or sell any securities or to adopt any investment strategy.  The Site is prepared solely for information purposes. All forward-looking statements speak only as of the date such statements are made, and neither OnyxCapital Holdings Group nor each author or contributor, as applicable, assumes any duty to update such statements except as required by law. To the extent that any documents, presentations or other materials produced, published or otherwise distributed by OnyxCapital Holdings Group (collectively, “OnyxCapital Holdings Materials”) are referenced, such OnyxCapital Holdings Materials should be read with careful attention to any disclaimers provided therein. OnyxCapital Holdings Materials are only as current as the date indicated in those materials and may be superseded or become irrelevant or inaccessible over time, and OnyxCapital Holdings assumes no obligation to update the information in OnyxCapital Holdings Materials except as required by law. You are encouraged to read carefully the disclaimers, to the extent applicable, in any OnyxCapital Holdings Materials, which provide additional important information about the contents of those OnyxCapital Holdings Materials.

3. Third-Party Content and Linked Sites

References on this website maintained by OnyxCapital Holdings (the “Site”) to any names, marks, products or services of third parties who may or may not be affiliated with OnyxCapital, or hypertext links to third-party sites or information or content provided by third parties, are provided solely as a convenience to you and do not in any way constitute or imply our endorsement, sponsorship or recommendation of the third party, its information, materials or services.

OnyxCapital Holdings does not review or monitor any websites linked from or to the Site, is not responsible for the content or accuracy of any such websites, and does not make any representations regarding third party materials or services or any products or services contained on or accessible through such other websites, their terms of use or privacy policies. OnyxCapital Holdings makes no express or implied warranty about the accuracy, copyright compliance, legality, merchantability or any other aspect of the content of such links. You are advised to review the terms of use and privacy policies of any website that you visit. OnyxCapital Holdings disclaims responsibility for the privacy policies and customer information practices of third-party internet websites linked from the Site. The use of third-party websites is entirely at your own risk, and OnyxCapital Holdings disclaims responsibility for the privacy policies and customer information practices of third-party internet websites hyperlinked from this site.

The content on OnyxCapital’s social media channels, including but not limited to X, LinkedIn, and YouTube, are provided as information only. It does not constitute an offer to sell any securities or the solicitation of an offer to purchase any securities. OnyxCapital Holdings does not warrant the accuracy, completeness or usefulness of the information available on its social media channels. OnyxCapital Holdings does not control and is not responsible for any third-party content on such channels or on other third-party sites that may be linked to by such channels. Such third-party content or sites should not be presumed to reflect the view of OnyxCapital Holdings or our employees, consultants, advisors or contingent workers. OnyxCapital Holdings is not responsible for the ramifications of your use of such channels or such third-party content or sites, or for any third party’s policies or practices regarding security, privacy, use or other matters. We reserve the right to remove any comments or content that contain profanity, solicitations or in any way violate our policies. We may also block users who abuse our online communities. 

4. Transmission to and from the Site

Any communication or content that you send to the Site is and will be deemed to be non-confidential as between you and us, and OnyxCapital Holdings will be free to use, modify, reproduce and distribute it for any purpose without compensation to you.

5. Password and Security Notification

Certain areas of the Site are password-protected. You may not attempt to access any password-protected areas of the Site without authorization. If you have been issued a password for the Site, you agree that OnyxCapital Holdings has granted you limited access to specific files pertaining to investments relevant to you, and you agree not to attempt to access other computer files.

All information that OnyxCapital Holdings provides to Site users supplying a password is confidential and intended solely for the information of its intended recipient and/or such recipient's financial, legal or tax advisors, provided that such advisors agree not to disclose any information that is confidential.

You are solely responsible for maintaining the confidentiality of your passwords, account information, user names, and/or security questions and answers for the Site, and for logging off any protected areas of the Site when you finish a session. Accordingly, you should protect the confidentiality of your password, and notify OnyxCapital Holdings immediately if you become aware of its unauthorized use. If you share your password with a third party, you assume all responsibility for all such party's activity related to the Site.

6. Limitation of Liability

OnyxCapital Holdings its affiliates and their respective officers, directors, managers, partners, members, shareholders, employees, affiliates and agents (collectively “Related Persons”) make no representations or warranties and specifically disclaim any and all warranties of any kind, express or implied, with respect to the Site and the Content, including any representations or warranties with respect to merchantability, fitness for a particular purpose, title, non-infringement, availability, security, accuracy, freedom from viruses or malware, completeness, timeliness, functionality, reliability, sequencing or speed of delivery. Your use of the Site and the Content is on an “as is” and “as available” basis.

In no event shall OnyxCapital, its affiliates or their Related Persons be liable to any party for any claims, liabilities, losses, costs or damages under any theory, including but not limited to any direct, indirect, punitive, special, incidental, or consequential damages arising out of in connection with any access, use (or inability to use) or distribution of the Site, or any Content therein. This is true even if OnyxCapital Holdings has been advised of the possibility of such damages or losses.

9. Governing Law and Forum

The laws of the State of New York govern these Terms of Use. Any dispute relating to these Terms of Use or your use of the Site shall be resolved solely in the state or federal courts located in New York City. You agree to waive trial by jury in any such action.