Terms Of Use Agreement

Revised May 2019

Terms And Conditions Of Use:
This Terms of Use Agreement sets forth the agreement between SumGrowth Inc., LLC, and each user ("you") governing the use by you of this Internet site featuring the subscription-based SectorSurfer  service (the "Site"). Please read the terms and conditions set forth herein carefully before using the site. If you do not agree to these terms and conditions you may not access or otherwise use this Site, and you must exit this Site immediately. By connecting to and using this Site, you are indicating that you are 18 years of age or older and acknowledging that you have read and accepted these terms and conditions. Your access to and use of this Site is subject to your compliance with all the terms and conditions set forth herein.

Concerning Fiduciary Responsibility:
SumGrowth, Inc. is not a registered investment advisor and does not provide professional financial investment advice specific to your financial and life situation. SectorSurfer is strictly an automated algorithmic strategy analysis tool that produces Strategy trade signals according to the set of funds you provide for its analysis. We do, however, provide support specific to the operation of SectorSurfer so you can better create or modify Strategies to meet your objectives. Seek the advice of a registered investment advisor if you are unsure of the suitability of using SectorSurfer to help you achieve your personal investment objectives.

By using SectorSurfer you represent that; (1) you take "fiduciary" responsibility for your investments within the meaning of the Employee Retirement Income Security Act (ERISA) 29 CFR 2510.3-21, (2) you are capable of evaluating investment risks independently, both in general and with regard to particular transactions and investment strategies, and (3) you understand that in selecting particular asset allocations or the adequacy of an estimated income stream suitable for your personal situation, you must additionally consider your other assets, income, and investments.

Concerning Information and Risk:
The information provided by this Site is provided "as is" and on an "as available" basis without warranties of any kind, either expressed or implied, including without limitation warranties of merchantability or fitness for a particular purpose. Neither SumGrowth, Inc. nor any of its affiliates warrants that the information provided will be accurate, complete, uninterrupted or error free.
The information provided by this Site may contain descriptions of specific securities or other financial instruments that may not be available to or suitable for you. No prospectus of any service or investment referred to in the Site is available through SumGrowth Strategies, LLC.  It is your responsibility as the user of the information to be informed of any service or investment you select for inclusion in your portfolio.  It is also your responsibility as the user to be informed of and to observe all applicable laws.
The information regarding the past performance of any fund or strategy on this Site is only representative of historical conditions in the market place, and is in no way to be construed as a guarantee or warrantee that such conditions will exist in the future or that such performance will be achieved in the future. Please click to read additional Federally required disclaimers. You agree that it is your responsibility to determine the suitability of any provided information for your investment portfolio objectives and that you have the sole responsibility for any and all of your investment portfolio performance results.
Although we strive vigorously to always have accurate and reliable information, we depend upon certain suppliers to provide data. As such, information on sumgrowth.com may contain inaccuracies or errors. Information may be changed or updated without notice. In addition, we also vigorously strive to have accurately updated information, but there may be times when it is impossible to do so, thus information contained herein may be out of date at any given time. We may also make improvements and/or changes in the products and/or programs described in this information at any time without notice.
Under no circumstances shall SumGrowth, Inc., or their affiliates be liable for any direct, indirect, incidental, special, punitive or consequential damages that result in any way from your use, non-use or reliance upon the information, or that result from mistakes, omissions, interruptions or deletions of files, errors or defects in the information, delays in operation, transmission or failure of performance. If you are dissatisfied with any information provided by SumGrowth, Inc., your sole and exclusive remedy is to discontinue using the SumGrowth, Inc. information.

Concerning Restricted Use:
You agree to use the Service (SectorSurfer) solely for your own noncommercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute, or dispose of any information contained in the Service in any manner that could compete with the business of SumGrowth Strategies or any of its partners or suppliers.

You may neither interfere with nor attempt to interfere with nor otherwise disrupt the proper working of the Service, any activities conducted on or through the Service or any servers or networks connected to the Service. You shall not violate the security of the Service or attempt to gain unauthorized access to the Service, data, materials, information, computer systems or networks connected to any server associated with the Service, through hacking, password timing or any other means. You may neither take nor attempt any action that imposes or may impose an unreasonable or disproportionately large load or burden on the Service or the infrastructure of the Service. You shall not use or attempt to use any "scraper," "robot," "bot," "spider," "data mining," "computer code," or any other automate device, program, tool, algorithm, process or methodology to access, acquire, copy, or monitor any portion of the Service, any data or content found on or accessed through the Service, or any other Service information without the prior express written consent of SumGrowth, Inc..

Concerning Copyright And Trademark Notices:
The text, graphics, design, interviews, and other content available through this Site, including text, graphics, design, arrangement, and any other thing, are property of SumGrowth, Inc., or its licensors and are protected by United States and international copyright and other intellectual property laws. Permission to use content from this site is authorized and limited according to that specified as follows:

A. General Web Content And FREE Strategies, whether in textual or graphical from, may be freely copied, transmitted, distributed, displayed, re-published or otherwise shared with individuals or the public provided that its recipients are provided a reasonable link back to the source of the content.

B. Custom Strategies And Premium Strategies for current charts or current buy/sell recommendations, whether in textual or graphical from, are for the private and non-commercial use of a paying subscriber and you may not modify, copy, distribute, transmit, display, reproduce, re-publish, circulate, license, transfer, create derivative works from, or sell the content from this Site to any entity or person without the express written consent of SumGrowth, Inc..  As a conditional term of your subscription you hereby agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate this type of content from this Site to anyone, including but not limited to others in the same company, organization, club, association, online community, or other group, without the express prior written consent of SumGrowth Strategies, LLC.

C. Custom Strategies And Premium Strategies for 90-day-old charts or buy/sell recommendations, whether in textual or graphical from, may be freely copied, transmitted, distributed, displayed, re-published or otherwise shared with individuals or the public provided that its recipients are provided a reasonable link back to the source of the content. This includes: (1) utilizing the "Send Email" button on subscribed current Custom and Premium Strategy charts, which will automatically send the 90-day-old chart, (2) sharing the Strategy-ID for current Custom and Premium Strategies, which will automatically be treated as appropriate when imported into the My Strategy list of another.

The SumGrowth, Inc., and the SectorSurfer name and logo are trademarks of SumGrowth, Inc.. All other trademarks and service marks that appear or are referenced on this Site are the property of their respective owners.
Links To Other Web Sites:
Any links to other Sites contained within sumgrowth.com have not been developed, checked for accuracy, or otherwise reviewed by SumGrowth, Inc., and neither such content nor the operators of any site to which sumgrowth.com might link are endorsed by or affiliated with us unless otherwise indicated. Furthermore, SumGrowth, Inc., is not liable for damages and/or loss as a result of any delays, omissions, or defects that may exist in the services, information, or other content provided in websites to which sumgrowth.com may link, whether actual, alleged, consequential, or punitive. Leaving sumgrowth.com is done at your own will and risk. SumGrowth, Inc., makes no guarantees or representations as to, and shall not be held liable for, any content delivered by any third party, including without limitation, the accuracy, quality, timeliness, or subject matter of such content.
Access To Site:

You agree to use this Site only for lawful purposes, and that you are responsible for your use of the Site. You further agree that you will not access by any means except through the interface provided by sumgrowth.com for access to the Site. You agree that you will not deep-link to pages on this Site and that, in the event that you provide any link to this Site from another Internet site, such link will be only to one of the pages offered on the main menu of this Site, or as otherwise specifically made available for sharing of FREE Strategy charts from the Site Map page or other referral, promotional, or advertising charts we may specifically make available for that purpose. You agree that you will not access this Site from any territory where its contents are illegal, and that you, and not SumGrowth, Inc., and its affiliates, are responsible for compliance with applicable laws.
You agree that sumgrowth.com may terminate or suspend your access to all or part of this Site, without notice, for any conduct that SumGrowth, Inc., at its sole discretion, believes is in violation of this Terms of Use Agreement or any applicable law, or is harmful to the interests of another user, our company, or its affiliates.
Security Ownership Disclosure & Trading Restrictions:
When a sumgrowth.com writer publishes data about a security that he or she owns or has beneficial interest in, that fact is disclosed at the end of the article. In addition to the above disclosure requirements, all sumgrowth.com writers are governed by the below guidelines and restrictions:

  • Must hold any security they own for at least 30 days. (No day trading permitted)
  • Cannot write about a security in the period of five days before and five days after purchasing or selling the security.
  • Cannot trade based on any knowledge they may have about articles yet to be published about the security.
  • Must notify our compliance department every time they buy or sell a security, regardless of whether they have written about it.

SumGrowth, Inc., reserves the right to make any and all changes to this Site at its sole discretion without notice. This Terms of Use Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in this Site; provided, however, that in the event of a conflict between such other terms and the terms of this Terms of Use Agreement, the terms of this Terms of Use Agreement shall control. This Terms of Use Agreement has been made in the state of Washington and shall be construed and enforced in accordance with the State of Washington law. Any action to enforce this Terms of Use Agreement shall be brought in the federal or state courts located in the State of Washington. If any provision is deemed to be unlawful or unenforceable, that shall not affect the validity and enforceability of the remaining provisions.

How To Contact Us:
Should you have questions or concerns about this Terms Of Use Agreement, please contact us by one of the methods provided at Contact Us.