Terms & Conditions
Effective Date: February 20, 2026
Thank you for visiting this website, which has been provided to you solely for informational purposes by Benefit Street Partners L.L.C. (“BSP,” “we,” or “us”). These terms and conditions (“Terms of Use”) are a contract between users (“you”) and BSP and apply to (i) the websites located at www.bspcredit.com and www.benefitstreetpartners.com; (ii) their content, and (iii) any other webpages owned and/or operated by us that link back to, or otherwise display, these Terms of Use, including any password-protected areas, as well as any webpages, channels, profiles or other pages maintained by BSP on third-party social media platforms, such as LinkedIn (each, a “Social Media Site” and collectively, the “Website”).
By using the Website, you agree to abide by these Terms of Use. If you do not agree to abide by these Terms of Use, your sole and exclusive remedy is to discontinue using the Website. Your compliance with these Terms of Use and any Other Agreements (as defined below) is a condition to your right to access the Website. This document affects your legal rights, including limiting your damages if you sue us, so please read it carefully.
We reserve the right, in our sole discretion, to change, modify, add, or remove any portion of the Website, including the Terms of Use, in whole or in part, at any time, without prior notice to you. Changes to these Terms of Use will be effective when posted. For this reason, we encourage you to visit and review this page regularly to ensure that you are familiar with the then-current Terms of Use that apply to your use of the Website. The date of the last revision or update appears at the top of the Terms of Use under the title. Nothing contained in these Terms of Use is intended to modify or amend any other written agreement you may have with us (including without limitation any customer agreement, participation agreement or account agreement) (“Other Agreements”) if any, that may currently be in effect. In the event of any inconsistency between these Terms of Use and any Other Agreements, the Other Agreements will govern. To the extent these Terms of Use conflict with the terms and conditions of use relating to any password-protected area of the Website (“Other Terms of Use”), the more specific Other Terms of Use relating to such password-protected area shall control.
Privacy Notice
Our Privacy Notice describes how we may collect, use, share and disclose information, including Personal Information (as defined in the Privacy Notice), through the Website, and is incorporated by reference into these Terms of Use. By using the Website, you acknowledge that you have read the Privacy Notice and have been informed about our collection, use, disclosure and other handling of Personal Information as described in the Privacy Notice.
The Privacy Notice does not apply to your use of BSP’s financial services, including any investments, which may be subject to separate privacy notices or policies applicable to such services, as described in the Privacy Notice. Additionally, BSP will not treat users of the Website as its clients, customers, partners, or investors solely by virtue of their accessing the Website.
In the event of any conflict between these Terms of Use and the Privacy Notice concerning privacy matters, the Privacy Notice shall control.
Acceptable Use of the Website
All materials, including but not limited to images, text, data, illustrations, designs, icons, photographs, programs, downloads, videos, podcasts, services and content (“Content”) that are part of the Website are intended solely for personal, non-commercial use. We authorize you to view and access a single copy of the Content available on the Website for your own use. You agree to use the Website and the Content only for the purposes for which it has been designed. You further agree to comply with these Terms of Use and all applicable local, state, national, and international laws, rules, and regulations. Please be advised that we may record certain usage information, such as the number and frequency of visitors to the Website, and may collect certain information through cookies and other data collection technologies, as described in our Privacy Notice.
We may suspend, restrict, or terminate access to the Website, in whole or in part, on a temporary or permanent basis, in our discretion. As a result, you may be unable to access your account information or any content, materials, or files associated with your use of the Website.
Eligibility and Children’s Privacy
The Website is not directed toward children under the age of 16. If you are under the age of 16, you may not use the Website. By using the Website, you represent that you are at least 16 years old. Any Personal Information inadvertently collected from individuals under the age of 16 will be handled in accordance with the Privacy Notice. For additional information, please see the “Children’s Privacy” section of our Privacy Notice.
Restrictions on Use
As a condition of your use of the Website, you agree that you will not, under any circumstances:
- Reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any Content;
- Use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with proper functioning of the Website, including making automated use of the Website or taking any action that we deem to impose or potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- Use the Website for any unlawful purpose or for the promotion of illegal activities;
- Interfere with or disrupt or attempt to interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website, including bypassing any measure we take to restrict access to the Website;
- Use any software, technology or device to scrape, spider, or crawl the Website or harvest or manipulate data on the Website;
- Introduce, transmit or upload any virus, worm, Trojan horse, time bomb, spyware, malware or other code or program that is harmful or invasive, or is intended to damage, disrupt, disable or otherwise adversely affect the operation of the Website, any network, computer system, device, data or software;
- Attempt to probe, scan or test the vulnerability of the Website or any related system or network, or breach or circumvent security or authentication measures without proper authorization;
- Impersonate any person or entity, misrepresent your identity, or misrepresent your affiliation with any person or entity;
- Reverse engineer, decompile, disassemble, or otherwise attempt to extract or discover the source code of the Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; or
- Use another’s user ID and password without permission.
If we believe you are using or attempting to use the Website in breach of any one or more of these restrictions, we reserve the right to suspend or terminate your ability to use the Website (or any portion thereof).
Linked Sites
The Website may provide links to websites operated by other entities. These links are provided strictly for your convenience. In addition, with or without our consent, third-party sites may be linked to this Website and third-parties may repost information shared by BSP on the Website. We make no warranty or representation regarding, do not endorse, and do not accept any responsibility for, any websites linked to or from the Website or the information appearing thereon or any of the products or services described thereon. You acknowledge and agree that use of third-party websites is strictly at your own risk. We may, without prior notice, terminate any link that we provide. You may not link a part of this Website to another website without our express permission. We make no warranty or representation regarding, do not endorse, and do not accept any responsibility for, any information that is reposted from the Website without BSP’s express permission.
Social Media Sites
BSP may publish content on Social Media Sites, and certain Website content may also be available through Social Media Sites. Social Media Sites are operated by third parties, and BSP is not responsible for, and does not control, the terms of use, privacy policies, security practices, or other policies of any Social Media Site. Your use of any Social Media Site is subject to the applicable terms and conditions of that Social Media Site, and is at your own risk.
Content and information posted by BSP on Social Media Sites is provided for informational purposes only. It does not constitute an offer to sell or a solicitation of an offer to purchase any securities or other financial instruments or services, and should not be considered to be investment, legal, tax, accounting, ERISA or other professional advice. To the maximum extent permitted by law, BSP does not make any representations or warranty regarding the accuracy, completeness, or usefulness of the information available on its Social Media Sites and shall have no liability for any action taken (or not taken) in reliance on any such information. BSP reserves the right to modify or delete content posted on BSP’s Social Media Sites at any time in its sole discretion. BSP does not control and is not responsible for any third-party content on Social Media Sites, including content that may be posted on BSP’s channels or linked to or through such channels. Such third-party content or sites should not be presumed to reflect the views of BSP.
You are responsible for your use of Social Media Sites and for any content you provide, including compliance with applicable laws, rules, and regulations. You should only provide content that you are comfortable sharing with others. Please do not include non-public, confidential, personal, or account information in posts or other messages directed to BSP on any Social Media Site. Additionally, please do not post any testimonials or endorsements concerning BSP or our products or services on BSP’s Social Media Sites.
If you share, post, submit, or upload content through a Social Media Site, and such content is covered by intellectual property rights, you grant BSP and its affiliates a non-exclusive, transferable, sublicensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of such content, in each case to the extent permitted by the applicable Social Media Site and consistent with your privacy and content-sharing settings on such Social Media Site.
User Communications and Unsolicited Submissions
Unless specifically requested, we do not solicit, and we do not wish to receive, any confidential, secret or proprietary information or other material from you through the Website, by email, through any “Contact” feature, through a Social Media Site, or in any other way.
Any communications or materials that you transmit to BSP through the Website or otherwise in connection with the Website, including any feedback, comments, questions, ideas, suggestions or other information or materials (collectively, “User Materials”), will be deemed non-confidential and non-proprietary as between you and BSP, and BSP will be free to use, modify, reproduce, publish, distribute and otherwise exploit such User Materials for any purpose, without compensation to you. You agree not to submit to BSP any information or materials that you consider to be confidential or proprietary, unless specifically requested by BSP and subject to an Other Agreement.
By submitting User Materials, you represent and warrant that you have the necessary rights to submit the User Materials and to grant the rights described in these Terms of Use, and that the User Materials do not infringe, misappropriate or otherwise violate any third-party rights. You grant BSP and its affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such User Materials and to use your name and other identifying information in connection with such User Materials, in each case in any form, media, or technology now known or later developed.
To the extent any User Materials include Personal Information, BSP will handle such Personal Information in accordance with the Privacy Notice and applicable law. This section does not modify any confidentiality obligations that apply under an Other Agreement.
Transmission to and from the Website
Electronic communications can be intercepted by third parties and, accordingly, electronic mail and other transmissions to and from the Website may not be secure. BSP does not guarantee the confidentiality of such communications. You should not send sensitive, confidential, or proprietary information to BSP through the Website, by email, or through a Social Media Site.
Intellectual Property
The Website and its Content are the exclusive property of and owned by BSP. The Website contains and is protected by intellectual property rights, including copyrights, trademarks, logos, and service marks (whether registered or not, and wherever in the world those rights may exist) owned by BSP or third parties that have licensed their materials or provided services to BSP. “Benefit Street Partners” is a registered trademark of BSP. Access to or viewing materials posted to the Website does not confer any license under any of our or any third-party’s intellectual property rights or otherwise authorize you to use any trademark, logo, service mark, copyright, or other intellectual property, except as explicitly provided herein, agreed to by BSP or permitted under applicable law. The Content of the Website may not be reproduced or redistributed in whole or in part, in any format, without the express written approval of BSP.
No Offers or Advice; No Client Relationship; Forward-Looking Statements; Historical Information
The Content provided on the Website is for informational purposes only and is not, and may not be relied on in any manner as, professional, tax, accounting, legal, ERISA or financial advice or as an offer to sell or a solicitation of an offer to buy an interest in any fund, investment vehicle, or account managed by BSP. BSP does not provide investment advisory services to you through the Website, and your use of the Website does not create, and is not intended to create, any advisory, fiduciary or other client relationship between you and BSP or any of its affiliates. An offer or solicitation will be made only through a final private placement memorandum, subscription agreement, prospectus, or other related document with respect to a particular investment opportunity (each, an “Offering Document” and collectively, the “Offering Documents”) and will be subject to the terms and conditions in such documents, including the qualifications necessary to become an investor. None of the information contained on the Website has been filed with the U.S. Securities and Exchange Commission, any securities administrator under any state securities laws or any other governmental or self-regulatory authority. No governmental authority has passed on the merits of the offering of interests in any fund, investment vehicle, or account managed by BSP or the adequacy of the information contained on the Website. Any representation to the contrary is unlawful.
Nothing contained on the Website constitutes professional, tax, accounting, legal, ERISA or financial advice nor does any information contained on the Website constitute a comprehensive or complete statement of the matters discussed or the law relating thereto. In addition, nothing contained on the Website shall constitute a recommendation or endorsement of any securities and any references to any securities or portfolio companies should not be used as the basis for making any decision about purchasing, holding or selling any securities or investments. Nothing contained on the Website should be interpreted or used in any manner as investment advice. Any discussions of securities and portfolio companies is intended to be illustrative and is not intended to be used as an indication of the current or future performance of any securities, funds or portfolio companies. Any transactions described on the Website as having been engaged in by us are included for illustrative purposes only and are not necessarily reflective of overall results of any of our businesses. No endorsement, guarantee or representation regarding the performance or any security, strategy, fund, portfolio company or investment is being made hereby, including regarding the suitability of any investment or investment strategy. Any decision to invest or take any other action with respect to the securities or investments shown on the Website may involve risks not discussed herein and no such decisions should be made based on the information contained on the Website. It should not be assumed that any securities or investments shown on the Website will increase in value. You are solely responsible for evaluating the risks and merits regarding use of the Website and should obtain relevant and specific professional advice, including tax advice, from your legal, financial, personal and other advisers, before making any investment or financial decision or purchasing any financial, securities or investment-related service or product.
An investment in a fund, investment vehicle or account managed by BSP is subject to significant risks that are described in more detail in the Offering Documents, including the loss of principal amount invested. Such investments are not suitable for all investors and are not obligations of or guaranteed by BSP 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. Before making an investment decision, prospective investors should pay particular attention to the risk factors contained in the Offering Documents. Investors should have the financial ability and willingness to accept the risk characteristics of an investment. There can be no assurance that any fund, investment vehicle or account managed by BSP will be able to implement its investment strategy or achieve its investment objectives.
Certain information contained on the Website (including financial information) has been obtained from published and non-published sources. Such information has not been independently verified by BSP or its affiliates, and this Website, and the information and materials herein, are provided “as is” and without warranties or representations of any kind either express or implied. BSP and its affiliates disclaim all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. BSP does not warrant the accuracy, completeness or reliability of any information on this Website or that this Website will operate “error free.” Except where otherwise indicated on the Website, the information provided on the Website is based on matters as they exist as of the date of the Website or the date indicated therein and not as of any future date, and may not be updated or otherwise revised to reflect information that subsequently becomes available or changes in circumstances occurring after such date.
Certain information on the Website may contain forward-looking statements, which can be identified by use of terms such as “may”, “should”, “believe”, “expect”, “anticipate”, “project”, “estimate”, “optimistic”, “intend”, “aim”, “will”, “continue” (or the negatives thereof) or other variations thereof. Due to various risks and uncertainties, actual events or results of actual performance of an investment may differ materially from those reflected or contemplated in such forward-looking statements, which speak only of the date they are made, and there is no guarantee that these opinions or predictions will ultimately be realized. As a result, investors should not rely on such forward-looking statements in making their investment decisions. Any projection of the performance discussed by BSP is highly speculative and represents BSP’s opinion, which may change. BSP undertakes no obligation to update publicly or revise any statements contained on the Website, whether as a result of new information, future developments or otherwise.
PAST PERFORMANCE IS NOT NECESSARILY INDICATIVE OF FUTURE RESULTS. ANY INVESTMENT INVOLVES SIGNIFICANT RISKS, INCLUDING LOSS OF THE ENTIRE INVESTMENT.
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 Content has not been reviewed or approved by any regulatory authority and has been prepared without regard to the individual financial circumstances or objectives of persons who may receive it. The appropriateness of a particular investment or strategy will depend on an investor’s individual circumstances and objectives. No representation is being made as to the suitability of any investment.
Compliance with Applicable Law
The Website and the Content provided in or accessible through the Website are 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 BSP and/or its affiliates to any registration or other requirement within such jurisdiction or country. Unless otherwise expressly set forth herein, we make no representation that materials on the Website are appropriate or available for use in any particular location.
If it is illegal or prohibited in your country of origin to access or use the Website or any of its Content, including the Social Media Site, then you agree not to do so. Those who choose to access the Website do so on their own initiative and are responsible for compliance with local laws.
You may not use or export the Website or the Content in violation of U.S. export laws and regulations.
ERISA Considerations
The information provided on the Website (including any separate documents that may be accessed through the Website) is not directed at any investor or category of investors and is provided solely as general information about our products and services and to otherwise provide general investment education. No information contained on the Website should be regarded as a suggestion to engage in or refrain from any investment-related course of action as none of BSP nor any of its affiliates is undertaking to provide investment advice, act as an adviser to any plan or entity subject to the Employee Retirement Income Security Act of 1974, as amended, individual retirement account or individual retirement annuity, or give advice in a fiduciary capacity with respect to the materials presented on the Website. If you are an individual retirement investor, contact your financial advisor or other fiduciary unrelated to BSP about whether any given investment idea, strategy, product or service described on the Website may be appropriate for your circumstances.
ESG Considerations
Unless otherwise stated in the applicable fund offering materials, BSP makes no claim that any of its funds or other products are ESG-focused, have ESG-based investment objectives, or that its business, Funds, or portfolio companies are compliant with any third-party ESG principles. While BSP may consider certain ESG principles as it has discussed on the Website, it makes no claim that it changes its investment decisions based on any particular ESG factor(s). BSP makes no claim that it is responsible, in whole or in part, for the ESG activities of its portfolio companies. BSP’s view of what “ESG” means is as discussed on the Website, and BSP makes no claim that it comports with any other definition of the term. BSP’s definition of “ESG” is subject to change, and BSP may revise its ESG-related activities, including ceasing any practices described on the Website, in whole or in part, at any time.
Warning Regarding Cyber Fraud, Impersonation and Phishing
Our name, brands and reputation may be misused by imposters and frauds publishing fake websites or engaging in “phishing” or other scams seeking personal, account or confidential information. These scams may involve websites, texts, emails, mailings, telephone calls, social media, and other communication platforms.
When communicating with BSP through digital media, you should:
- Confirm you are visiting an official BSP website and using BSP’s official contact information.
- Be cautious of unsolicited communications that request personal information, account information, login credentials, multi-factor authentication codes, or funds, or that ask you to click on links or open attachments.
- Do not share your password or login credentials with anyone. If anyone asks you to provide your password or similar credentials, treat the request as suspicious and independently verify its legitimacy using contact information you know to be accurate (for example, the contact information in these Terms of Use or on BSP’s Website).
- Confirm the sender’s email address. BSP communications typically come from email domains associated with BSP (including, but not limited to, addresses ending in: @bspcredit.com or @benefitstreetpartners.com).
If you receive a communication that appears suspicious or potentially fraudulent, do not respond or provide information through the contact details provided in the suspicious message. Instead, contact BSP using the contact information in the “Contact” section below.
Password and Security Notification
Certain additional information and services available on the Website may be accessible to you only if you have been provided with a username and password (“Password User”). Use of such additional information and services shall be subject to additional terms and conditions. You may not attempt to access any password protected areas of the Website without authorization. If you have been issued a password for the Website, you agree that we have granted you limited access to specific files, if any, pertaining to investments relevant to you, and you agree not to attempt to access other computer files. All information that we provide to Password Users 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, as a Password User, are solely responsible for (1) maintaining the confidentiality of the password and user ID and (2) all activities that occur under your user ID. If, in the process of obtaining a user ID and password, you provide us with any information that is untrue, inaccurate, not current, or incomplete, or if we have reason to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your user ID and password and refuse any and all current or future use of the Website (or any portion thereof). The Password User shall immediately notify us of any loss or theft of the password, or if the confidentiality of the password has otherwise been compromised in any way. We will not be responsible or liable for any loss, expense or damage arising in any way from use of the password and user ID and/or the accessing of information or materials therewith.
Disclaimer and Indemnity
Views expressed are those of BSP. The Website and the information and materials on the Website are provided “as is” and without warranties or representations of any kind either expressed or implied and we and our affiliates disclaim all warranties, expressed or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant the accuracy, completeness, reliability, security, availability at all times or timeliness of any information on the Website or that the Website will operate “error free.” In no event shall we or our affiliates, or any of our or their respective partners, stockholders, members, managers, officers, directors, employees, agents, funds and such funds’ limited partners (collectively, the “BSP Parties”), be responsible for any damages, liabilities or injury, including indirect, incidental, special, punitive, multiple, consequential or other damages, however caused or arising out of your use of (or inability to use) the Website. If your use of the Website gives rise to any third-party complaint, charge, claim, loss, expense, damage, cost, liability or demand, including attorneys’ fees (collectively, a “Claim”), against you or any BSP Party, you agree, to the maximum extent permitted by applicable law, to (i) indemnify and hold harmless the BSP Parties with respect to any such Claim, (ii) release the BSP Parties from any such Claim and (iii) waive all laws that may limit the efficacy of such release. Notwithstanding anything to the contrary herein, no provision of these Terms of Use shall be construed as a waiver, limitation, or modification of any rights or remedies under applicable federal or state securities laws or other laws that may not be waived by contract, nor shall anything herein be construed to waive, limit, or modify any fiduciary duties owed by BSP under applicable law.
Limitation of Liability
To the maximum extent permitted by law, we disclaim all liability arising out of your use of the Website and its Content, even if we have been advised of the possibility of the damages, liability or injury that you suffer, including any damages, liability or injury caused by any incorrectness or incompleteness of information contained herein, any failure of performance, error, omission, defect, interruption, delay in operation, computer virus, line failure or other computer malfunction, whether caused by negligence or otherwise.
Notice of Copyright Infringement
The Digital Millennium Copyright Act of 1998 provides recourse for copyright owners who believe that material posted on Internet sites infringes their rights under U.S. copyright law. If you believe in good faith that items, information or other materials appearing on the Website infringe your copyright, please send us a notice containing the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activities and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material;
- Contact information for the notifying party, including name, address, telephone number, and email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please submit this notice to us at [email protected].
Termination
We may at any time, terminate these Terms of Use and your access to the Website, including access to your user ID and password: (1) if we believe you have breached or attempted to breach any provision of these Terms of Use; (2) if we are required to do so by law; (3) if we are transitioning to no longer providing the Website to users in the country or state in which you reside or from which you use the Website; (4) the provision of the Website to you by us is, in our opinion, no longer commercially viable; or (5) in our sole discretion, at any time and for any other reason. Your continued use of the Website following such termination may result in your liability for conversion, misappropriation, trespass to chattels and all other claims and causes, regardless of the identity of claimant or injured party, arising from or relating to your continued use of the Website. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Website, may be referred to appropriate law enforcement authorities. When these Terms of Use are terminated, any of the legal rights, obligations, and liabilities that by their nature should continue shall survive such termination.
Miscellaneous
Governing Law. These Terms of Use shall be governed by the laws of the State of New York, without giving effect to its conflict of laws provisions. Subject to the Arbitration section below, any dispute relating to these Terms of Use shall be brought solely in the state or federal courts located in New York, New York and you agree that such courts shall have jurisdiction over you in connection with any such dispute. You agree to waive trial by jury in any such action.
Term for Cause of Action. Regardless of any statute or law to the contrary, you must commence any cause of action you may have with respect to your use of the Website within one (1) year after the claim or cause of action arises.
Severability and Waiver. If, for any reason, a court of competent jurisdiction finds any provision in these Terms of Use to be unenforceable, such provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect. Our failure to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and will not limit our rights with respect to such breach or any subsequent breaches.
Arbitration. By using the Website, you agree that we, at our sole discretion, to the maximum extent permitted by applicable law, may require you to submit any disputes arising from the use of the Website, related services or these Terms of Use, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association (the “Rules”), by one or more arbitrators appointed in accordance with the said Rules and to be held in the State of New York. Notwithstanding these Rules, however, such proceeding shall be governed by the laws of the State of New York. To the extent permitted by applicable law, arbitration costs and reasonable and documented attorneys’ fees of both parties shall be borne by the non-prevailing party.
Class Action Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND BSP AGREE THAT ANY DISPUTE SUBJECT TO ARBITRATION SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS ONLY AND NOT AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. NO ARBITRATION SHALL BE JOINED OR CONSOLIDATED WITH ANY OTHER PROCEEDING. IF A COURT OF COMPETENT JURISDICTION OR THE ARBITRATOR DETERMINES THAT THIS CLASS ACTION WAIVER IS UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM OR PROCEEDING, THEN THE ARBITRATION AGREEMENT SHALL BE UNENFORCEABLE SOLELY AS TO THAT CLAIM OR PROCEEDING AND SHALL REMAIN IN FULL FORCE AND EFFECT IN ALL OTHER RESPECTS.
Entire Agreement. Other than with respect to Other Agreements and Other Terms of Use, these Terms of Use constitute the entire agreement between you and BSP regarding the subject matter hereof and govern your use of the Website, superseding any prior agreement between you and BSP on this subject.
Contact. If you have any questions or comments or need to provide us with notice of any sort related to these Terms of Use, you may contact us in the following ways:
Benefit Street Partners L.L.C.
1 Madison Avenue, Suite 1600
New York, NY 10010
Email address: [email protected]
Phone number: (212) 588-6770
For privacy-related inquiries, please refer to the contact information in our Privacy Notice.