Terms of Use

Terms of Use

Effective Date: May 31, 2017

Thank you for visiting the website of Prisma Capital Partners LP (“Prisma”, “PAAMCO Prisma” “we” or “us”). Please read these Terms of Use (“Terms”) carefully before using this website (the “Site”). By accessing the Site, you acknowledge and agree to accept all of the following Terms pertaining to the use of the Site, which constitute a legal agreement between you and Prisma.

These Terms describe the terms and conditions on which Prisma offers you access to this Site and any other Site or application on or to which these Terms are linked or referenced. Your visit to this Site is subject to these Terms and our Privacy Policy. By visiting the Site, you agree to these Terms and our Privacy Policy, which may be updated by us at any time. If we update our Terms, we will post the updated Terms. Any such changes will be effective upon posting. You should consult the “Terms of Use” bar on this Site each time you visit the Site. If you do not agree with any of the Terms, you should not use the Site.

The effective date of these Terms is set forth at the [top] of this webpage. As we add new features, we may amend or supplement these Terms. We will provide users that create an account on the Site with advance notice of material amendments to these Terms. We will not make amendments that have a retroactive effect unless we are legally required to do so or to protect other users of the Site. Your continued use of the Site after the effective date constitutes your acceptance of the amended Terms. As of the effective date, the amended Terms supersede all previous versions of or agreements, notices or statements about these Terms.

If a provision of an agreement with a customer conflicts or otherwise is inconsistent with a provision of these Terms, then the term of the customer agreement will prevail to the extent of the inconsistency.

If you have any questions or comments about these Terms of Use, please contact us at Prisma Capital Partners LP, 9 West 57th Street, Suite 2600, New York, New York 10019, (212) 590-0800.

  1. Uses of Our Site and Content

 You must be the age of legal majority or older in your place of residence to use the Site.

You are required to create an account to use certain features of the Site. You agree that you will maintain your account information to ensure that it is always current, complete and accurate. If you provide untrue, incomplete or inaccurate information, you understand that we have the right to terminate your account and use of the Site. You may create only one account.

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

  • Prisma grants you a limited, revocable, nonexclusive and nontransferable right to view, store, bookmark, download, copy and print Content from the Site solely for your personal and noncommercial use only.
  • You may not use any trademark, service mark or logo of Prisma 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 any Content 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 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 features or functionality of the Site.
  • You may not distribute, rent, sublicense, lease, lend, sell, resell, assign, transfer, transmit, stream, broadcast or otherwise make available or exploit any features or functionality of the Site including though time-sharing, use of service bureau or by otherwise making the Site available on a network on which it is accessible by more than one device at any time.
  • If you link other websites to this Site, you may not imply or suggest that Prisma has endorsed or is affiliated with such websites and you may not display this Site as “framed” within another website.
  • You may not create more than one Account under false or fraudulent pretenses.
  • 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 other users 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 cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Site or unduly burdening or hindering the operation and/or functionality of any aspect of the Site.
  • You may not collect or store personal data about any other user without his or her express prior written consent.
  • You may not transmit any virus, worm, time bomb or similar system interference or corruptant through this Site.

Prisma 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. Prisma 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.

You are responsible for the software, hardware and internet service needed to access and use the Site. If you access and use the Site on your smartphone, tablet or other mobile device, you are solely responsible for any and all data and other fees related to use of the Site.

  1. Investment 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. The investments and strategies discussed in the Content may not be suitable for all investors and are not obligations of or guaranteed by Prisma or any of its affiliates. 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 Prisma is not liable for any action you take or decision you make in reliance on any Content. Prisma 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 INDICATIVE OF FUTURE RESULTS. No representation is being made that any investment or transaction will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided. The investment return and principal value of an investment may fluctuate, and, as a result, with respect to products which provide for redemptions, your redemption value may be more or less than original cost.

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. 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.

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

  1. International Use

The Site is operated and controlled by us in the United States, and the Content provided in or accessible through the Site is, unless otherwise specified, directed at residents of the United States. Despite the global nature of the Internet, Prisma makes no claims that the Content or the Site are appropriate or may be viewed or used outside the United States. Access to the Site from countries or territories where such access is illegal is prohibited. Prisma makes no representations that the transactions, products or services discussed on or accessible through the Site are available or appropriate for sale or use in all jurisdictions or by all users. Those who access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, rules and regulations.

  1. Linked Sites

Prisma does not review or monitor any websites linked from or to the Site and is not responsible for the content of any such websites, or any products or services contained on or accessible through such other websites, their terms of use or privacy policies. You are advised to review the terms of use and privacy policies of any website that you visit. Prisma disclaims responsibility for the privacy policies and customer information practices of third-party internet websites linked from the Site.

  1. 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 Prisma will be free to use, modify, reproduce and distribute it for any purpose without compensation to you.

  1. 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 Prisma 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. Prisma reserves the right to terminate, at any time, any user’s access to this Site without giving notice or a reason for such termination to the user. These Terms automatically terminate when you fail to comply or if we reasonably believe that you have not complied with any term or condition of them. Termination will not limit any of our other rights or remedies. Any provision that must survive in order to give proper effect to the intent and purpose of these Terms shall survive termination.

All information that Prisma 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 Prisma 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.

  1. Limitation of Liability and Disclaimers

Although we use commercially reasonable efforts to ensure that the website is accurate, complete and reliable, we do not warrant that the website is accurate, complete, reliable or error-free.

Prisma 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, whether oral or written, 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 to the fullest extent permissible under applicable law. Any oral or written advice provided by Prisma and its agents does not, and will not, create any warranty.

In no event shall Prisma, 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, reliance, consequential or exemplary damages, including lost profits, loss of data or damage to real, tangible or intangible property, arising out of, or in connection with, any access, use (or inability to use) or distribution of the Site, or any

Content therein. This is true even if Prisma has been advised of the possibility of such damages or losses.

YOU AGREE THAT PRISMA’S MAXIMUM LIABILITY UNDER THESE TERMS IS LIMITED TO $1,000.

YOU FURTHER AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH ABOVE WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR DAMAGES.

ACCORDINGLY, THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY IN THEIR ENTIRETY TO YOU. YOU UNDERSTAND AND AGREE, HOWEVER, THAT OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

You acknowledge and agree that the above limitations of liability, together with the other provisions in these Terms that limit liability, are essential terms and that Prisma would not be willing to grant you the rights set forth in these Terms but for your agreement to the above limitations of liability.

  1. 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.

  1. General Terms

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Waivers are effective only if in writing and signed by us and you. These Terms may not be amended unless in writing. If any provision of these Terms is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision had not been used. Nothing contained in these Terms will be deemed to constitute Prisma or you as the agent or representative of the other or as joint venturers or partners.

These Terms inure to the benefit of and will be binding upon our and your permitted successors and assigns. You must not transfer any of your rights or obligations under these Terms to anyone else without our prior written consent. All of our rights and obligations under these Terms are assignable. Headings and captions are for convenience only.

You will be redirected to the KKR Client Portal for account access.

NORTH AMERICA

Prisma Capital Partners LP
9 West 57th Street
Suite 2600
New York, New York 10019
United States of America

Phone: +1 (212) 590-0800
Email: InvestorRelations@paamcoprisma.com

EUROPE

Prisma Capital Management International LLP
25 Victoria Street
3rd Floor
London, SW1H 0EX
United Kingdom

Phone: +44 20 7593 5388