Terms Of Use Agreement

 Revised May 2023

MAI Indexes is a service of SumGrowth Strategies, LLC. This Terms of Use Agreement sets forth the agreement between SumGrowth Strategies, LLC, and you governing your use of the information presented on this web site featuring Investment Indexes. (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 it 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 as set forth herein.
 

Concerning Fiduciary   Responsibility:
SumGrowth Strategies, LLC is not a registered investment advisor and does not provide professional financial investment advice specific to your financial and life situation. Our Investment Indexes are generated by an automated algorithmic analysis tool that produces rebalance trade signals according to the set of funds it was provided for its analysis as set forth in its Index Methodology. Seek the advice of a registered investment advisor if you are unsure of the suitability of using the Investment Indexes to help you achieve your personal investment objectives.
 

By using our Investment Indexes in any form you represent that; (1) you take "fiduciary" responsibility for your investments within the meaning of the Employee Retirement Income Security Act (ERISA) 29 CFR   25-10.321, (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   Strategies, LLC 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. Informatio  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 Strategies, LLC, 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 Strategies, LLC, your sole and exclusive remedy is to discontinue using the SumGrowth Strategies, LLC 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, license, create derivative works from, or sell the content from this Site to any entity or person in any manner that could compete with the business of SumGrowth Strategies or any of its partners or suppliers without the express written consent of SumGrowth Strategies, or   dispose of any information contained in the Service
 

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 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   Strategies, LLC.
 

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 Strategies, LLC, 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 accordingly as follows:

• General Web Content and Newsletters,   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 citation or link back to the source of the content.

Merlyn.AI, SectorSurfer, True Sector Rotation, StormGuard, SwanGuard, TrendGuard,   Polymorphic Momentum, Own-the-Bubble, Temporal Portfolio Theory, Dual Defense, and SumGrowth Strategies, are all trademarks of SumGrowth Strategies, LLC. Seattle WA 98125. Copyright 2010-2023 SumGrowth Strategies, LLC. All Rights Reserved. All other trademarks and service marks that appear or are referenced on this Site are the property of their respective owners.
 

General:
SumGrowth Strategies, LLC, 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 within the website.