Terms of Use

TERMS OF USE

Use & Acceptance
Thank you for visiting our website. Please read these Terms of Use carefully. By accessing this website, you acknowledge and agree to all of the terms, conditions, notices and disclaimers contained herein and in our Privacy Policy, which is incorporated by reference.

Ownership
Boyles Asset Management, LLC (“BAM”) is a North Carolina Limited Liability Company formed to manage Boyles Fund I, LLC and other investments. The intellectual property, including but not limited to the trade name, any trademarks, domain name and website contents are owned and maintained by BAM.

Modification
BAM may update and change these Terms of Use and/or the Privacy Policies from time to time without prior notice to you. All such changes will be posted on this website. You must review these Terms of Use and the Privacy Policies each time you use this website to confirm that you still agree to abide by the terms of each. You agree that by using this website after changes have been made to these Terms of Use and/or the Privacy Policies you are agreeing to be bound by such changes.

BAM Products & Services
The products and services for which information or investment information access is included on this website may be offered by BAM or any of its affiliates. These products and services may change at any time and may not be available in all geographic areas.

General Terms of Use
You are solely responsible for your use of this website, for all use made by others using your user ID and password, and for ensuring that such use is in full compliance with these Terms of Use. The information published on, and where applicable the investment information access provided through, this website are provided to visitors, registered representatives and BAM investors as a convenience and for informational purposes only. BAM does not represent that the information contained on this website is the most current information available nor that such information is necessarily complete. Therefore you should not rely on the information contained on this website when making decisions. All decisions based on information published on this website are your sole responsibility.

Links To Other websites
For your convenience, this website may contain links to other websites not operated by or affiliated with BAM. BAM does not endorse or control such linked websites, and is therefore not responsible for any information contained on those websites. Accordingly, BAM will not be liable, directly or indirectly, for any damages resulting from the use or reliance on information or advertisements contained in a linked website.

Copyrights & Trademarks
BAM is the owner and/or authorized user of all intellectual property rights in all materials used herein. The registered and unregistered trademarks, logos and service marks (collectively, the "Trademarks") displayed on this website, are trademarks of BAM, its licensors or third parties. Nothing contained on this website should be construed as granting any license or right to use any such Trademark without the prior written consent of BAM or the respective third-party owner. You are hereby advised that BAM will aggressively enforce its intellectual property rights, including pursuing all remedies available under civil and criminal law.

The Content of this website is protected under the copyright laws of the United States, as well as other intellectual property laws. Reproduction, republishing or copying of the information contained on this website, in any form, is prohibited without the prior written consent of BAM and/or its licensors, which can be requested by sending an email from the Contact Us section of this website. Please note that any unauthorized entry (commonly known as hacking) into any portion of this website may constitute a crime under state and/or federal law. BAM will prosecute these violations to the fullest extent permitted by law. Links to this website are strictly prohibited without the prior written consent of BAM.

No Warranties & Limitation of Liability
THE INFORMATION CONTAINED IN AND THE PRODUCTS AND SERVICES PROVIDED ON THIS website ARE PROVIDED "AS IS" AND BAM MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT. In addition, this website utilizes information prepared by us from internal and external sources, which we believe to be reliable information. However, we do not represent that this information is accurate, complete or up-to-date. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information available through this website. BAM is not responsible for the content of any off-site pages or other sites linked to the website and shall not be liable for any damages or injury arising out of access to or use of the content. Any links to other sites are not intended as referrals or endorsements but are merely provided to the users of the website for convenience and informational purposes. BAM makes no representations or warranties that website content is applicable to or appropriate for use in locations outside of the United States of America.

BAM cannot and does not guarantee or warrant that the files available for downloading from this website and any services will be free from infections or viruses, worms, Trojan horses, or other code that manifests contaminating or destructive properties. In no event shall BAM, its affiliates and any of its or their officers, directors, shareholders, partners, members, employees, representatives or agents be liable for incidental, consequential, special, direct, indirect, exemplary or punitive damages, including lost profits, that result from or are related to the information published on this website (even if BAM has been advised of the possibility and likelihood of such damages). You specifically agree to hold BAM, their affiliates and any of its or their officers, directors, shareholders, partners, members, employees, representatives and agents harmless and agree that they will not be liable for any damages or losses caused, directly or indirectly, by software failure, system failure, website security failure, unauthorized access to this website or any other technical problem. Without limiting the generality of the foregoing, neither BAM, nor any other party involved in creating, producing or delivering this website shall be liable for: 1) any loss or injury caused, in whole or in part, by its actions, omissions or negligence, or for contingencies beyond its control, in procuring, compiling, or delivering investment information or other information presented at this website; 2) any errors, omissions or inaccuracies in investment information or other information presented at the website regardless of how caused, or delays or interruptions in delivery of the investment information or other information presented at the website; 3) any decision made or action taken or not taken in reliance upon the investment information or other information presented at the website; 4) any damages or injury resulting from your access to this website, including, but not limited to, damage to or failure by your computer equipment or other property, communication line failures, computer viruses or inability to access this Internet site; or 5) any other direct, incidental, consequential, indirect, or punitive damages or losses, whether in contract, tort or otherwise, arising out of access to or use of the website.

Prohibited Uses; User Liability
Because all servers have a limited capacity and are used by many people, this website may not be used in a manner that could damage or overburden any BAM server, or any network connected to any BAM server. Furthermore, this website may not be used in a manner that would interfere with any other party’s use of this website. BAM reserves the right to monitor your use of this website and any communications by you related to such use. BAM assumes no liability in connection with its monitoring activities. If your use of this website violates any of these Terms of Use or any applicable law, BAM reserves the right to discontinue, restrict, change, limit, or permanently revoke your right to use the services provided on this website. You hereby agree to be responsible for any and all liabilities, costs and expenses (including attorney's fees and court costs) arising from any technical disruption of or damage to this website (including the software and systems that transmit the website) caused directly or indirectly by your use of this website.

Indemnification
You hereby agree to indemnify and hold BAM , their subsidiaries, affiliates and any of its or their officers, directors, shareholders, partners, members, employees, representatives or agents harmless from and against any and all damages, liabilities, claims, demands, suits, actions, causes of action, losses, costs and expenses (including attorney's fees and court costs) arising from your use of this website, or from your violation of these Terms of Use.

Information Collected
For information on the privacy practices employed by BAM with respect to the collection, protection and use of information transmitted to our website, please review the terms of our Privacy Policies. It is not the responsibility or obligation of BAM to authenticate, confirm or otherwise verify the accuracy or propriety of information transmitted via this website. BAM shall not be liable for any damage or loss arising from inaccurate or unauthorized transmissions via this website or e-mail.

Multiple Party Account Holders
If an investment in BAM is held in the name of more than one party (a “multiple party investment”), each named party shall be allowed access to such investment information via this website, subject to these Terms of Use. If you are the holder of a multiple party investment and you access information about such investment via this website, you hereby warrant that you have informed all other named parties on such investment that you have signed-up for access to the investment information online and that such other named parties have consented to your access to the investment information via this website. In addition, you hereby warrant that you and all other named parties on your multiple party investment have agreed that all transmissions concerning your multiple party investment are binding on all named parties on such investment, irrespective of who initiated the transmission. Accordingly, you shall be liable to all other named parties on your multiple party investments for all consequences of any transmissions regarding your multiple party investments. It is not the responsibility or obligation of BAM to authenticate, confirm or otherwise verify the accuracy or propriety of information transmitted via this website with all parties named on a multiple party investment. BAM shall not be liable for any damage or loss arising from inaccurate or unauthorized transmissions via this website or via e-mail with regard to a multiple party investment.

Securities Information
The information provided in this website does not constitute investment, tax, financial, legal, or other advice. Information received via this website should not be relied upon for personal, investment, tax, legal or financial decisions, and prior to the execution of any transaction by you related to any information you have obtained from this website or the services, you should consult with your financial, tax and investment advisors and an attorney, or otherwise seek appropriate professional advice tailored to your situation. This site and the services are published solely for informational purposes and are not a solicitation, recommendation, endorsement or offer by BAM or a third party to buy or sell any stock, mutual fund, security, or other financial instrument. The investment information provided on the website does not attempt or claim to be a complete description of the securities, markets, or developments referred to in the materials. All expressions of opinion are subject to change without notice. BAM does not undertake to advise anyone via this website. BAM, its affiliates, and their respective officers, directors, shareholders, partners, members, employees, representatives or agents may have clients with positions in securities or companies mentioned on this site, and BAM may have business relationships with such companies.

Jurisdiction
The laws of the State of North Carolina shall govern all matters arising out of the use of this website, and by accessing this website you irrevocably consent to the jurisdiction of the courts located in Mecklenburg County in the State of North Carolina for any cause of action in connection with your use of this website. Should your use of this website or the content published on this website be contrary to the laws of the jurisdiction from where you access the website, then this website is not intended for your use, and you should discontinue use of the website. You are solely responsible for knowing the laws of your jurisdiction and for assuring your compliance with such laws.

Use Outside of The United States; Limited Availability
Not all products or services described on this site may be available to all persons or entities or in all jurisdictions. This site was created in the United States and complies with local United States laws. This site and/or the services may not comply with legal requirements in foreign countries. Any and all information obtained from this site is not provided for and may not be used by any person or entity in any jurisdiction in violation of applicable laws, rules or regulations.

Severability
If a court determines any provision of these Terms of Use to be illegal or unenforceable, then such portion will be eliminated or enforced to the maximum extent possible, and the remaining Terms of Use will remain in full force and effect.

Arbitration
You agree that BAM, at its sole discretion, may require you to submit any disputes arising from the use of this website, the services, and/or these Terms of Use concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptability to newly arisen circumstances to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the State of North Carolina as set forth herein. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.

Entire Agreement
These Terms of Use and Privacy Policy constitute your entire agreement with BAM regarding this website and its services, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and BAM with respect to this website or any services offered on or through such website.