Terms of Use

Terms Of Use Agreement

Revised May 2021

Terms And Conditions Of Use:
This Terms of Use Agreement sets forth the agreement between SumGrowth Strategies, LLC, and each user ("you") governing the use by you of this Internet site featuring the Merlyn's Daily Brief (the "Site") tools. 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 Strategies, LLC is not a registered investment advisor and does not provide professional financial investment advice specific to your financial and life situation. Merlyn's Daily Brief 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 Merlyn's Daily Brief 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 the Merlyn's Daily Brief tool to help you achieve your personal investment objectives.

By using Merlyn's Daily Brief 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 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. 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 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 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 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.

The SumGrowth Strategies, LLC, and the Merlyn's Daily Brief name and logo are trademarks of SumGrowth Strategies, LLC. 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 Strategies, LLC, and neither such content nor the operators of any site to which merlynsdailybrief.com might link are endorsed by or affiliated with us unless otherwise indicated. Furthermore, SumGrowth Strategies, LLC, 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 merlynsdailybrief.com is done at your own will and risk. SumGrowth Strategies, LLC, 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 merlynsdailybrief.com for access to the Site.
You agree that merlynsdailybrief.com may terminate or suspend your access to all or part of this Site, without notice, for any conduct that SumGrowth Strategies, LLC, 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 merlynsdailybrief.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 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.