Terms & Conditions

Thank you for visiting www.helixcredit.com. These Terms of Use ("Terms") are a binding contract between you and Helix Credit Partners LLC ("Helix"). Please carefully read our Terms before using the services described herein. By utilizing the website located at www.helixcredit.com ("Website"), you acknowledge that you have read the Terms and that you agree to be bound by them. The Website is intended only for your personal, non-commercial use. The Terms govern your use of the Website including all of the content, services, tools and information provided herein. If you do not agree with the Terms, you are not granted permission to access or otherwise use the Website.

The Terms are in addition to any other agreements between you and Helix, including any customer or account agreements, and any other agreements that govern your use of products, services, content, tools and information provided by Helix or any product, service, content, tools and information provided by companies not affiliated with Helix and that are available on or via the Website (collectively, "Content").

Helix reserves the right to replace, change, or modify the Terms at any time, for any reason, by posting new terms on the Website. We suggest that you review the Terms periodically for changes.

By accessing or using the website (the “Site”) of Helix Credit Partners LLC and its affiliates (collectively, “Helix,” “we,” “us” or “our”), you accept and agree to the terms and conditions of use of the Site as set forth this agreement (this “User Agreement”). This User Agreement is a binding agreement between you and Helix, and governs your access and use of the Site, which includes any information, data, tools, products, services and other content (together, “Content”) available on or through the Site.

You may contact Helix with questions about the terms and conditions of this User Agreement.

PLEASE READ THIS USER AGREEMENT (“USER AGREEMENT”) CAREFULLY BEFORE ENTERING THE SITE. EACH TIME YOU ENTER THE SITE, YOUR ACCESS/USE INDICATES YOUR FULL ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THIS USER AGREEMENT IN ITS THEN CURRENT FORM. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED IN THIS USER AGREEMENT, PLEASE EXIT THE SITE.

General

The Site is intended for informational purposes only, and the information contained on the Site is not to be used, in whole or in part, for any other purpose. Helix has no obligation to update the information contained on the Site, and the Site may contain errors or information that is no longer current or complete, and may omit pertinent information. Helix assumes no liability or responsibility for any errors or omissions in the Content of the Site.

The Content published on the Site is subject to change at any time without notice. The Contents contained on the Site should not be regarded as a complete analysis of the subjects discussed. Certain information contained on the Site may be based upon third-party sources, and while we believe such information to be accurate, we generally have not independently verified such information.

Viewing or utilizing information on the Site (or contacting or responding to our offices or employees) does not by itself initiate or constitute a relationship of any kind.

Limited License to Use the Site

The Site is owned by and is the property of Helix. The Site is protected by one or more copyrights, patents, database rights, trademarks, servicemarks and/or other intellectual property and proprietary rights that are owned by Helix and/or third parties.

Helix grants you a limited non-exclusive right to use the Site only for your own internal, private, non-commercial informational purposes only, and to print pages from the Site only in connection with that use. In certain instances, the ability to print or reproduce pages or materials from the Site may be limited or prohibited. You may not, nor will you, modify, distribute, transmit, reproduce, publish, license, create derivative works from, transfer or sell any text, graphics, logos and any other source-identifying symbols, designs, icons, images, or other information, software or code obtained from the Site. You are prohibited from removing any copyright, trademark or other proprietary notice or legend contained on (or printed from) the Site or on any printed pages. In addition, you are prohibited from decomposing, decompiling, reverse engineering, disassembling or otherwise deconstructing all or any portion of the Site or otherwise using any information contained in the Site for any purpose other than as specifically described above. Without limiting the foregoing, no information contained within the Site may be disclosed in whole or in part to the press or otherwise made available to third parties or the public in any manner.

Any data that you transmit to the Site (including without limitation personally identifiable information) becomes the property of Helix and may be used by Helix for any lawful purpose without restriction, subject to the privacy policies set forth below.

All materials at the Site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions or disclosures, and any copyright or proprietary notices. Any disclaimers, restrictions or disclosures apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.

Your continuing right to use the Site is subject to your agreement to abide by this User Agreement in its entirety, as well as any other rules, procedures, policies, terms or conditions that govern all or any portion of the Site. At any time and for any reason we may revoke your right to use all or any portion of the Site.

No Reliance

All Content provided on the Site is intended for informational purposes only and, unless specifically indicated otherwise, is provided on a generic basis without taking into account any individual prospective/current investor’s particular situation or circumstances (including investment objectives or restrictions or financial, tax or legal circumstances). Helix is not acting as an adviser or fiduciary in any respect in connection with providing access to the Site.

The materials contained on the Site and any presentation of which they form a part do not constitute (i) an offer to sell, or a solicitation of an offer to purchase, interests in any private investment funds (the “Funds”) managed by Helix, or (ii) a solicitation of an investment in any account (“Account”) managed by Helix, and in each case should not be construed as investment advice or a recommendation to purchase any such interests or make any such investment. Any such offer or solicitation may only be made in accordance with applicable securities laws and investor suitability requirements and, (x) in the case of a Fund, pursuant to definitive offering documentation made available to prospective investors relating to such Fund, including the offering memoranda, operative agreements and subscription documentation of such Fund or (y) in the case of an Account, pursuant to an executed investment management agreement and presentation of Helix’s current Form ADV Part 2 (the documentation referred to in clauses (x) and (y), collectively, the “Formal Offering Documents”). No such offer or solicitation will be made or accepted prior to receipt by a prospective investor of the Formal Offering Documents, which will

contain important information, including a description of the applicable Fund’s or Account’s risks, conflicts of interest, investment program, business terms, fees, expenses and redemption/transfer limitations.

Investments in Funds or Accounts are generally highly speculative and illiquid and involve substantial risks. Investments in Funds or Accounts are only suitable for sophisticated investors that are capable of understanding and bearing the risks involved with such investments (including the risk of substantial or total losses). No assurance can be given that any Fund’s or Account’s investment objectives will be achieved or that losses will be avoided.

Before making any investment decision with respect to any Fund or Account, prospective investors must carefully review the applicable Formal Offering Documents in full, carefully consider the risks of such investment and consult with their own tax, accounting, financial, investment, legal and other professional advisors. The information contained on the Site with respect to any Fund or Account will be superseded by, and is qualified in its entirety by reference to, the Formal Offering Documents of such Fund or Account (which may be amended, supplemented or otherwise modified from time to time).

Helix is registered as an investment adviser with the Securities and Exchange Commission. This registration does not indicate any particular level of skill, training, or competence as such.

No representation or warranty, express or implied, is made as to the accuracy, reliability, completeness, suitability or other characteristics of the information and materials contained on or presented through the Site, and nothing shall be relied upon as a promise or representation as to the future performance of any Fund or Account. The information contained on the Site is not intended to provide, and should not be construed as or relied upon for, accounting, legal, tax, financial or other advice or investment recommendations. Users should consult their own professional advisors to provide them with specific guidance regarding their particular situations.

Any opinions or statements contained on the Site regarding market events, future events or other similar opinions or statements that are not historical facts constitute only subjective views (and may constitute “forward-looking statements”), are based upon our expectations, estimates, projections, assumptions, opinions and/or beliefs, should not be relied on, are subject to change without notice due to a variety of factors (including fluctuating market conditions) and involve inherent risks and uncertainties, both general and specific, many of which cannot be predicted or quantified and are beyond our control. In light of these risks and uncertainties, there can be no assurance that these statements or opinions are or will prove to be accurate or complete in any way, and we are not making any representations or warranties to that effect. It is possible that actual results may differ, possibly materially, from any anticipated results indicated in these forward-looking statements. Helix expressly disclaims any obligation or undertaking to update or revise any forward-looking statement contained on the Site to reflect any change in its expectations, estimates, projections, assumptions, opinions and/or beliefs or any change in circumstances upon which such statement is based. In addition, we do not endorse the opinions of, or warrant the accuracy of facts or other Content contributed by, any third party.

There are various risks you assume when reviewing the Content on the Site. You agree that we are not liable for any action you take or decision you make in reliance on any Content on the Site. You are encouraged to discuss information that you learn from the Site with your financial, legal, tax and other professional advisors where applicable.

Helix makes no representation that information on the Site is appropriate or available for use outside the United States. Those who choose to access the Site outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Software

At times, access to certain documents and forms on the Site may require you to download a free software application from a private entity or corporation. Helix is not responsible for downloads of suggested applications from an unofficial site. When possible, the Site links directly to the official company site for such downloads. Although we may offer suggestions and tips to aid our web visitors in this procedure, it is your responsibility to investigate the correct procedure for downloading, installing and using such software applications on your system. In addition, although the Site may require such a download, any software licensing agreement you enter into is not transferable to Helix and is legally binding only between you and the licensing corporation. Problems you encounter while downloading, installing and/or using these applications should be directed to the entity or company offering the product.

Security

There are security issues raised when submitting personal or confidential information over an Internet connection. The decision to do so is at your discretion.

We attempt to provide our users with a safe Internet browsing experience. However, there may be times when such security measures are beyond our control. You are solely responsible for correct use, maintenance and security of your computer, network system, software applications and/or electronic files. Helix is not liable for any damages to or loss of your computer, network system, software applications or electronic files due to inadequate security features, user error and/or failure to comply with recommended operating procedures and maintenance; nor is Helix liable for any damages or loss due to Internet connection and/or service failures, problems, or damages caused by applications owned and maintained by a separate corporation or entity.

Outside Links

Helix may use links to other websites in an effort to assist users in locating information on topics that might be of interest to them or for other reasons. Helix is not responsible for information on any third party website that may be referenced in, or accessible or connected by hyperlink to, the Site, and we cannot attest to the continued accuracy of information provided by linked sites. If you access any third party website through the Site or otherwise, you do so at your own risk. Hyperlinks to or from the Site do not constitute third party endorsement of, sponsorship by or affiliation with us. Technical problems with outside links, other than a link that has been moved or changed, should be reported to the entity that maintains the applicable website. Helix has not necessarily reviewed any of the websites that may be linked to the Site.

Your Representations and Warranties

You represent and warrant as follows:

1. hat you have full authority and all rights necessary to enter into and fully perform all of your obligations pursuant to this User Agreement;

2. that you have not and you will not enter into any agreement or perform any act which might contravene the purposes and/or effects of this User Agreement;

3. and that you will not delete any Content from the Site.

No Warranty

THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, AND ALL USE OF THE SITE IS AT THE USER’S OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HELIX DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS.

WITHOUT LIMITING OUR GENERAL DISCLAIMER, WE DO NOT WARRANT THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OF THE SITE OR ANY PART OF THE CONTENT CONTAINED WITHIN OR PRESENTED BY THE SITE.

HELIX’S LIABILITY WITH RESPECT TO THE SITE IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HELIX OR ITS OFFICERS, DIRECTORS, MEMBERS, PARTNERS, OWNERS, PRINCIPALS, AGENTS, PERSONNEL, REPRESENTATIVES, EMPLOYEES OR AGENTS BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES, INCLUDING INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE OR WITH ANY DELAY OR TECHNICAL PROBLEMS IN USING THE SITE, OR ANY INFORMATION AND MATERIALS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE; IN ANY CASE WHETHER BASED ON THEORIES ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. SUCH LIMITATIONS APPLY EVEN IF HELIX OR ANY OF ITS OFFICERS, DIRECTORS, MEMBERS, PARTNERS, OWNERS, PRINCIPALS, AGENTS, PERSONNEL, REPRESENTATIVES, EMPLOYEES OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES.

Breach and Indemnification

You will be responsible for any liability to Helix that arises out of your breach of this User Agreement or your use of the Site, which will be deemed to include without limitation any such breach or use by any person acting either on your behalf, with your permission, or under your control.

You agree to indemnify, defend and hold harmless Helix and its officers, directors, members, partners, owners, principals, agents, personnel, representatives, employees, agents and third party sources from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) that arise from or relate to: (i) your use of the Site; (ii) your breach of this User Agreement or any representation, warranty or covenant made by you in this User Agreement; (iii) your violation of any applicable law, statute, ordinance, regulation or of any third party’s rights, or (iv) claims asserted by third parties which, if proven, would place you in breach of representations, warranties, covenants or other provisions contained in this User Agreement.

Notwithstanding anything to the contrary herein, no provision of this User Agreement is intended to be, or shall be construed as, a waiver of any rights of any user of the Site or any other person under U.S. federal or state securities laws.

Updates to the Site and Modifications to the User Agreement

You acknowledge that Helix may update the Site and its Contents, and may modify the terms of this User Agreement at any time and without notice to you. Modifications will be effective immediately upon posting unless we indicate otherwise. You agree to review periodically the terms of this User Agreement.

Each time you enter the Site, you agree to and fully accept this User Agreement in its then current form.

Miscellaneous

This User Agreement shall be governed by and construed under the laws of the State of New York, without regard to its principles of conflict of laws. Any legal action brought hereunder shall be brought exclusively in state or federal courts located in New York, New York, and it is agreed that such courts shall have jurisdiction over the parties to this User Agreement and any dispute arising hereunder.

Helix may monitor and record activity on the Site and respond as we deem appropriate.

If any provision of this User Agreement is held to be invalid or unenforceable in any jurisdiction, such provision shall be deemed modified to the minimum extent necessary so that such provision shall no longer be held to be invalid or unenforceable, and this User Agreement shall be interpreted so as to achieve the intent expressed herein to the greatest extent possible in the jurisdiction in question. Any such modification, invalidity or unenforceability shall be strictly limited both to such provision and to such jurisdiction.