Terms and Conditions
The terms and conditions of use set forth herein apply to each of the pages of this website (collectively, the "Site"). Please read these terms and conditions of use carefully before using this Site.
By using this Site, you signify your agreement with the following terms and conditions of use without limitation or qualification.
Oaktree Capital Management, L.P., its subsidiaries and affiliates (collectively referred to herein as "Oaktree") may at any time revise these conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then-current terms and conditions of use to which you are bound. The entity responsible for operating this Site and its content is Oaktree Capital Management, L.P.
Not an Offer of Advisory Services or Securities
This Site is limited to the dissemination of information relating to:
- Oaktree (Lux.) Funds, a Luxembourg investment company with variable capital (société d'investissement à capital variable) under Part I of the Luxembourg law of 17 December 2010 on undertakings for collective investment, as amended (the “UCI Law”);
- Oaktree Capital Management Fund (Europe), a Luxembourg investment company with variable capital (société d'investissement à capital variable) subject to Part II the UCI Law, which qualifies as an alternative investment fund in accordance with the Luxembourg law of 12 July 2013 relating to alternative investment fund managers, as amended (the “AIFM Law”);
- Oaktree (Lux.) II, a Luxembourg limited partnership by shares (société en commandite par actions) organised as an investment company with variable capital (société d'investissement à capital variable) registered under the list of specialised investment funds pursuant to the Luxembourg law of 13 February 2007 on specialised investment funds, as amended, which qualifies as an alternative investment fund in accordance with the AIFM Law; and
- Oaktree (Lux.) III, a Luxembourg investment company with variable capital (société d'investissement à capital variable) subject to Part II the UCI Law, which qualifies as an alternative investment fund in accordance with the AIFM Law ,
(Oaktree (Lux.) Funds, Oaktree Capital Management Fund (Europe), Oaktree (Lux.) II and Oaktree (Lux.) III being together referred to as the “Funds”).
This Site and the information contained herein do not constitute and should not be construed as an offering of advisory services or an offer to sell or solicitation to buy any securities, interests or related financial instruments in any jurisdiction where such an offer or solicitation is not duly authorised or to any person to whom it is unlawful to make such an offer or solicitation. Responses to any inquiry that may involve the rendering of personalized investment advice or effecting or attempting to effect transactions in securities will not be made absent compliance with applicable laws or regulations (including broker dealer, investment adviser or applicable agent or representative registration requirements), or applicable exemptions or exclusions therefrom.
Shares in the Funds have not been registered under the U.S. Securities Act of 1933, as amended (the “U.S. Securities Act”) or the securities laws of any state or political subdivision of the United States, and the Funds’ shares may not be offered, sold, transferred or delivered, directly or indirectly, in the United States or to, or for the account or benefit of, any U.S. person. None of the Fund is registered nor intends to register under the U.S. Investment Company Act of 1940, as amended. Accordingly, the shares in the Fund are being offered and sold only outside the United States to persons other than U.S. persons as defined in Regulation S under the U.S. Securities Act.
Unless otherwise specified, the materials in or accessible through the Site are directed at residents of the European Economic Area, Chile, Peru, Singapore and Switzerland. The Site is controlled and operated by Oaktree from its offices within the State of California, United States of America. Oaktree makes no representation that material in or accessible through the Site is appropriate or available for use in other locations or that access to them where their content is located is not illegal and prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for establishing the legality, usability and correctness of any information or materials under any or all jurisdictions and the compliance of that information or material with local laws, if and to the extent local laws are applicable. You may not use or export the information or material in violation of U.S. export laws and regulations. The information provided in or accessible through the Site 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 Oaktree to any registration or other requirement within such jurisdiction or country.
Oaktree Capital Management (UK) LLP is authorized and regulated by the Financial Conduct Authority ("FCA") in the United Kingdom. Any collective investment schemes (other than Oaktree (Lux.) Funds) which may be referenced on this Site are not authorized and are considered unregulated collective investment schemes which cannot be marketed to the public in the United Kingdom. In any case, however, this Site is directed only at persons in the United Kingdom who are either a "professional client" or an "eligible counterparty", such terms having the meaning given to them in the FCA's Handbook of Rules and Guidance for Authorised firms made under the Financial Services and Markets Act 2000. Oaktree Capital Management (UK) LLP does not seek to exclude any duty or restrict any liability beyond the extent permitted by the rules of the UK Regulatory System, including the rules of the FCA.
Oaktree makes no representation, and it should not be assumed, that past investment performance is an indication of future results and future investments may not achieve the same level of returns as previous investments. Moreover, the value of investments may fall as well as rise and wherever there is the potential for profit there is also the possibility of loss. Certain of Oaktree’s strategies involve investments that are illiquid, are subject to a substantial risk of loss and are not suitable for many investors. No assurance can be given that the stated investment objectives will be achieved.
This Site contains forward-looking statements. 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. Oaktree undertakes no obligation to publicly update or review any forward-looking statement, whether as a result of new information, future developments or otherwise.
Restrictions on Use of Materials
Except as otherwise permitted by Oaktree, no materials from www.oaktreesicav.com or any website owned, operated, licensed or controlled by Oaktree may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. You may download material displayed on this website for non-commercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, report or use the content of this Site for public or commercial purposes, including the text, images, audio and video, without Oaktree’s prior written permission.
Trademarks and Copyrights
This Site and all its content including, all trademarks, service marks, trade names, logos, and icons are proprietary to Oaktree. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this Site without the prior written permission of Oaktree or such third party that may own the trademarks displayed on this Site. Your use of the trademarks displayed on this Site, or any other content on this Site, except as provided herein, is strictly prohibited.
Inquiries concerning use of Oaktree’s trademarks, service marks, trade names, logos, icons, copyrights or other intellectual property should be addressed to Oaktree, attn. Legal Department, 333 South Grand Avenue, 28th Floor, Los Angeles, CA 90071.
Images displayed on this Site are either the property of, or used with permission by, Oaktree. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted herein. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Links to Other Websites
This Site may contain links to other websites. Oaktree does not review or monitor any websites linked from or to the Site and will not be responsible for the content of any such linked website. If you decide to access the linked website, you do so at your own risk. Oaktree is not responsible for the information, materials or services obtained on or from such other websites and will not be liable in any respect for any damages arising from your access of such websites. Any such links are provided merely for the convenience of the users of the Site and the inclusion of the links does not imply any endorsement, representation or warranty by Oaktree with respect to any such website or the content or services contained through such websites. Furthermore, you agree not to link any websites to this Site without the express prior written consent of Oaktree.
Oaktree makes no warranties or representations as to the accuracy of this Site. Under no circumstances shall Oaktree or any party involved in creating, producing, or delivering the Site be liable for any direct, incidental, consequential, indirect, or punitive damages that result from the use of, or the inability to use, the materials on this Site, even if an Oaktree authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Oaktree does not guarantee that this Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access this Site. You should use your own virus protection software. Oaktree also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in this Site or your downloading of any materials, data, text, images, video, or audio from this Site.
WITHOUT LIMITING THE FOREGOING OR ANYTHING ELSE SET FORTH HEREIN, THE SITE AND ALL OF ITS CONTENTS ARE MADE AVAILABLE BY OAKTREE "AS IS," WITH ALL FAULTS, AND WITHOUT ANY WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED. ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, UNINTERRUPTED USE, QUIET ENJOYMENT, SYSTEM INTEGRATION, OR ACCURACY, SECURITY OF INFORMATION, OR RELIABILITY, ARE SPECIFICALLY EXCLUDED AND DISCLAIMED. OAKTREE MAKES NO WARRANTY THAT THE SITE, IN WHOLE OR IN PART, WILL MEET USERS’ REQUIREMENTS. USERS OF THE SITE ASSUME ALL RISK AS TO THE QUALITY, ACCURACY, SUITABILITY, AVAILABILITY AND PERFORMANCE OF THE SITE AND ITS CONTENTS AND ACKNOWLEDGE THAT THE SITE AND ITS CONTENTS MAY BE REVISED, ALTERED AND CHANGED FROM TIME TO TIME IN THE SOLE DISCRETION OF OAKTREE. OAKTREE DOES NOT REPRESENT OR WARRANT THAT ANY SITE CONTENT WILL OPERATE CONTINUOUSLY OR WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR ANY SITE REFERRED OR LINKED TO HEREIN IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
OAKTREE ASSUMES NO LIABILITY FOR LOSS OR DAMAGE RESULTING FROM ANY USE OF OR RELIANCE UPON THE SITE OR ITS CONTENTS. IN NO EVENT WILL OAKTREE BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, LOST DATA, BUSINESS INTERRUPTION, OR OTHER DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR CLAIMS (WHETHER IN CONTRACT, IN TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO THE SITE, ITS CONTENTS, THE USE THEREOF, OR THE INABILITY TO USE THE SITE, EVEN IF OAKTREE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IF ANY WARRANTY DISCLAIMER OR LIMITATION ON LIABILITY IN THIS AGREEMENT IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF OAKTREE UPON ANY CLAIM (WHETHER IN CONTRACT, IN TORT, OR OTHERWISE) ARISING OUT OF THE SITE, ITS USE OR ITS CONTENTS SHALL NOT EXCEED ONE THOUSAND DOLLARS ($1,000.00).
You agree to defend, indemnify and hold Oaktree and its directors, officers, members, partners, principals, employees, agents and representatives harmless from any and all claims, liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees, arising in any way from (i) your use of the Site, in whole or in part, or (ii) your breach or violation of law or any provisions contained herein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with any such defense.
Governing Law and Consent to Jurisdiction
These terms and conditions of use shall be governed by and construed in accordance with the laws of the state of New York applicable to agreements made and to be performed wholly within such state. You agree that any dispute or action at law or in equity arising out of or relating to these terms and conditions of use or your use of the Site shall be commenced only in the state or federal courts located in New York County, New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of any such dispute or action.
No waiver by Oaktree of any right under or term or provision of these terms and conditions of use will be deemed a waiver of any other right, term or provision of these terms and conditions of use at that time or a waiver of that or any other right, term or provision of these terms and conditions of use at any other time.
Integration and Severability
If any provision of these terms and conditions of use is found to be invalid, unlawful, void or for any reason unenforceable then that provision shall be deemed severable from these terms and conditions of use and shall not affect the validity and enforceability of any remaining provisions. These terms and conditions of use represent and constitute the entire agreement between Oaktree and you relating to the subject matter discussed herein.
These terms and conditions of use are effective until terminated by Oaktree, provided that you may terminate the terms and conditions of use at any time by destroying all information and materials obtained by you or on your behalf from the Site and all related documentation, copies, and installations whether made under these terms or otherwise. Such termination by you will not be effective if Oaktree, in its sole discretion and without notice to you, determines that you failed to comply with any term or condition stated herein. Upon termination of these terms you must destroy all information and materials obtained by you or on your behalf from the Site and all associated documentation, copies, and installation whether made under these terms or otherwise.
You must not misuse this Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to this Site, the server on which this Site is stored or any server, computer or database connected to this Site. You must not attack this Site including, without limitation, via a denial-of-service attack or a distributed denial-of service attack. Oaktree will report any such breach to the relevant law enforcement authorities and will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use this Site will cease immediately.