Terms and Conditions of Use

The information offered by Niles Investment Management LLC (“NIM”) on this site is subject to certain terms and conditions (the “Terms and Conditions”). These Terms and Conditions apply to all users. By entering this site or by transmitting any information to the site, you acknowledge and agree to all of the Terms and Conditions. Please read them carefully. If you do not agree to the Terms and Conditions, please do not use this site. Any use of this site in a manner inconsistent with these Terms and Conditions is deemed unauthorized access and may subject the user to civil or criminal penalties. We reserve the right to revise this legal information at any time and for any reason, without notice or obligation, by updating this posting. Your continued use of this site following the posting of any changes to the Terms and Conditions will mean that you accept such amendments. We strongly recommend that you periodically visit this page of the site to review the Terms and Conditions.

Legal and Privacy Notices

NIM is registered with the Securities and Exchange Commission (“SEC”) as an investment adviser under the Investment Advisers Act of 1940, as amended. All information contained herein is for informational purposes and should not be construed as investment advice. The information provided on this page, including any information regarding Niles Partner’s current and historical portfolio investments, is not intended to recommend any investment described herein and is not an offer or sale of any security or investment product or investment advice. NIM provides investment advisory services to the privately offered Niles fund and other institutional clients. NIM does not solicit or make its services available to the public.

Disclaimers

While NIM uses reasonable efforts to help ensure that all material on this site is correct, accuracy cannot be guaranteed and NIM makes no representations or warranties as to the accuracy, reliability or completeness of any information at this site. Any contents at this site are subject to change without notice. THE SITE, AND ALL INFORMATION AND MATERIALS CONTAINED HEREIN, IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT TO THE FULL EXTENT PERMITTED BY LAW. NIM further assumes no responsibility for, and makes no warranties that functions contained at this site will be uninterrupted or error-free, that defects will be corrected, or that the site or the server that makes it available will be free of viruses or other harmful components. NIM shall not be liable for any damages, viruses, or services, repairs or corrections that must be performed on your computer or other property on account of your accessing or using this site. Please note that some jurisdictions do not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you. NIM does not warrant the accuracy, adequacy or completeness of the information and material contained on the site and expressly disclaims liability for errors or omissions in the material and information. NIM is not liable for any consequential, incidental, special, punitive or exemplary damages arising out of any use of or inability to use the site or any portion thereof, regardless of whether NIM has been apprised of the likelihood of such damages occurring and regardless of the form of action, whether in contract, warranty, tort (including negligence), strict liability, or otherwise. There may be legal requirements in various countries and jurisdictions which may restrict the information that can be accessed. Persons who obtain information from this site should inform themselves about and observe any restrictions imposed in the jurisdiction in which the site is accessed.

Material to be Consulted in its Entirety

All materials in this 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, disclosures or hedge clauses apply to any partial document or material in the same manner as they do to the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.

Linking, Posting and Transmitting

Although NIM provides the information accessible on the site for your personal, non-commercial use, NIM retains all property rights, including, without limitation, property rights under U.S. and international copyright law, to all such information. Without the prior express written permission of NIM, you MAY NOT do any of the following: (A) hyperlink to the site, whether to its homepage or to an interior page; (B) include information from the site on another site, on a server computer, or in documents; (C) modify or re-use the information from the site; or (D) transmit any commands, codes or information to the site, with the exception of those commands necessary to view the site. NIM reserves all other rights. Do not transmit to the site or to any NIM personnel, any obscene, profane, defamatory, libelous, threatening, or unlawful material or any unsolicited commercial communications. Do not transmit to the site or to any NIM personnel any material that could constitute or encourage unlawful conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation. Notwithstanding the fact that NIM, or other parties involved in creating, producing, or delivering the site, may monitor or review any transmissions to the site or to NIM personnel, NIM and such other parties assume no responsibility or liability that may arise from the content thereof, including, without limitation, claims for defamation, libel, slander, obscenity, profanity, or misrepresentation. By entering the site, you acknowledge and agree that any communication or material you transmit to the site or NIM, in any manner and for any reason, will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any materials you transmit to NIM may be used by NIM, anywhere, anytime and for any reason whatsoever. Although the site may be linked to other sites upon permission, NIM is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. By entering the site you acknowledge and agree that NIM has not reviewed all the sites that may be linked to the site and is not responsible for the content of any off-site pages or any other site linked to the site. You further acknowledge and agree that when you follow links to pages not maintained on the site, you do so at your own risk.

Privacy Policy

By using the site, you hereby understand and consent to the transfer of any data submitted by you to NIM. Under no circumstances will NIM exchange such information with third parties.

Copyright and Trademark Notice

NIM is the copyright owner for everything on the site or has the permission to use the material on the site. No portion of the site, including, without limitation, the text or images may be used in any manner, or for any purpose, without the prior express written permission of NIM, except as provided herein. The compilation of all content on the site is the exclusive property of NIM and is protected by U.S. and international copyright laws. All software used on the site is the property of NIM or its software suppliers and is protected by U.S. and international copyright laws. By entering the site you acknowledge and agree that each name, logo, trademark, or service mark contained on the site is owned or licensed by NIM and may not be used by you without the prior written approval of NIM. NIM will aggressively enforce its intellectual property rights to the full extent of the law. Information or images of places or people are either the property of NIM or used on the site by NIM with permission. Your use of any such materials is prohibited unless specifically permitted by NIM. Any unauthorized use of such materials may subject you to penalties or damages, including, without limitation, those related to violation of trademarks, copyrights, privacy and publicity rights.

Restricted Use of Site Materials

NIM grants you a limited license to access and make use of this site. For your personal use only, you may print copies of the information from the site and you may store information from the site on your own computer. You may not modify the site, or any portion thereof, for any reason. Any unauthorized use terminates the permission or limited license granted by NIM. NIM reserves all other rights.

Limitations on Liability

By entering the site you acknowledge and agree that your use is at your own risk and that none of the parties involved in creating, producing, or delivering the site is liable for any direct, incidental, consequential, indirect, or punitive damages, or any other losses, costs, or expenses of any kind (including legal fees, expert fees, or other disbursements) that may arise, directly or indirectly, through access to the site, use or browsing of the site, or through your downloading of any text or images, from the site.

Applicable Law and Jurisdiction

By visiting the site, you agree that the laws of the state of Florida without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that may arise between you and NIM. You hereby consent to the jurisdiction of the federal and state courts in Florida for the purpose of resolving any dispute in connection with your visit to the site. NIM may seek injunctive or other appropriate relief in any state or federal court in the state of Florida, and you consent to exclusive jurisdiction and venue in such court.

Severability

If any of the Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, such condition shall be deemed severable and shall not affect the validity and enforceability of any of the remaining Terms and Conditions.

Additional Disclosure

This website was prepared for informational purposes only and should not be construed as legal, tax, investment or other advice. It does not constitute an offer to sell, or a solicitation of an offer to buy, any interest in any fund managed by NIM or any other security. Any such offer will be made only to qualified investors, only by means of a confidential offering memorandum and only in those jurisdictions where permitted by law. Consult your own attorney, business advisor and tax advisor as to legal, business and tax advice.

The information contained herein does not purport to be complete, is qualified in its entirety by the applicable fund documentation and is subject to change without notice. All investments involve risk, including the loss of principal. Past performance is no guarantee of future results.

The information in this website contains forecasts, projections, estimates and other forward-looking statements that are based on expectations and assumptions which existed at the time prepared, and may be accompanied by words such as “expects,” “forecasts,” “projects,” “intends,” “anticipates,” “estimates” and analogous expressions. Forward-looking statements are inherently subject to a variety of risks and uncertainties that can cause actual results to differ materially from those projected. Any forward-looking statements speak only as of the date on which they are first made. NIM does not undertake any obligation to update or alter any forward-looking statements whether as a result of changes in circumstances, new information, subsequent events or otherwise.

The specific investments identified and described herein do not represent all of the investments purchased, sold or recommended for Niles-managed funds. It should not be assumed that all investments were or will be profitable. The characteristics of any particular Niles portfolio company, including future portfolio companies, and Niles’s strategy with respect to any such portfolio companies, may differ materially from the portfolio company characteristics and strategies described herein. There can be no assurance that historical trends will continue during the life of any investment.