TERMS & CONDITIONS OF USE
LEGAL INFORMATION
Any information, data, statements, opinions, or projections made in any materials, newsletter, website (“Website”), seminar, mentoring or training program, or any other communication, service, or product, whether written or verbal (collectively, the “Materials”), affiliated with GrowSmart Capital LLC (“GrowSmart”), may contain certain forward looking statements, projections and information that are based on the beliefs of GrowSmart as well as assumptions made by, and information currently available to, GrowSmart. Such statements in the Materials reflect the view of GrowSmart with respect to future events and are subject to certain risks, uncertainties and assumptions. Should one or more of these risks or uncertainties materialize, or should underlying assumptions prove incorrect, actual results may vary materially from those described in the Materials. Furthermore, although carefully verified, data is not guaranteed as to accuracy or completeness. Any quotations of individuals other than the authors or providers of the Materials are provided for informational purposes only and their accuracy and veracity are not guaranteed. The statements, opinions, and/or data expressed in the Materials are subject to change without notice based on market and other conditions. The Materials are based on information available as of the time they were written, provided, or communicated and GrowSmart disclaims any duty to update the Materials and any content, research or information contained therein. Accordingly, neither GrowSmart nor its principals or affiliates make any representation as to the timeliness of any information in the Materials. As a result of all of the foregoing, inter alia, neither GrowSmart nor its principals can be held responsible for trades executed by the recipients or viewers of the Materials based on the statements, projections, research, or any other information of any other kind included therein. Investments in securities are speculative and involve a high degree of risk; you should be aware that you could lose all or a substantial amount of your investment if you attempt to apply any of the information in the Materials.
ANY PERFORMANCE COMPARISON TO THE PERFORMANCE OF INDICES IN THE MATERIALS MAY NOT BE A MEANINGFUL COMPARISON. INDICES CITED IN THE MATERIALS ARE GENERALLY NOT AVAILABLE FOR DIRECT INVESTMENT AND ARE NOT SUBJECT TO FEES. ANY PERFORMANCE REFERENCED IN THE MATERIALS IS NOT NECESSARILY BASED ON THE SAME TYPES OF SECURITIES CONTAINED IN ANY INDEX SHOWN OR REFERENCED IN THE MATERIALS, NOR IS ANY SUCH INDEX REPRESENTATIVE OF ANY PERFORMANCE PRESENTED IN THE MATERIALS. ANY INDICES SHOWN IN THE MATERIALS ARE ONLY TO REFLECT COMPARATIVE PERFORMANCE OF FAMILIAR INVESTMENT STYLES. ANY PERFORMANCE IN THE MATERIALS IS NOT AUDITED AND IS NOT INTENDED TO COMPLY WITH AIMR-PPS™ OR GIPS GUIDELINES. HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN INHERENT LIMITATIONS. UNLIKE ACTUAL PERFORMANCE RECORDS, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING AND RESULTS MAY HAVE UNDER OR OVER COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS. NO REPRESENTATION IS BEING MADE THAT ANY COMMODITIES, STOCKS, PORTFOLIO, INDICES, FINANCIAL INSTRUMENT, OR INVESTMENT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN OR DESCRIBED IN THE MATERIALS. HYPOTHETICAL OR SIMULATED PERFORMANCE IS NOT THE RESULT OF A REAL INVESTMENT PORTFOLIO AND IS BASED ON RECOMMENDATIONS MADE IN THE MATERIALS OR OTHERWISE AND IS NOT THE RESULT OF ACTIVE MANAGEMENT OR CONSTANT SUPERVISION, BUT RATHER PERIODIC RECOMMENDATIONS. BEAR IN MIND THAT IF HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS OF PORTFOLIOS OR INVESTMENTS WERE FOR A HEDGE FUND’S PORTFOLIO OR INVESTMENTS, HEDGE FUND TRADING COSTS, FEES AND EXPENSES WOULD DECREASE SUCH PERFORMANCE RESULTS. FURTHERMORE, ACTUAL PERFORMANCE WILL VARY BASED ON MANY FACTORS, INCLUDING, BUT NOT LIMITED TO, INVESTMENT STRATEGIES, TAXES, MARKET CONDITIONS AND APPLICABLE FEES AND EXPENSES RELATED TO ACTUAL TRADING. NO REPRESENTATION IS BEING MADE THAT FOLLOWING THE MATERIALS AND/OR ANY INFORMATION CONTAINED THEREIN WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN OR DESCRIBED IN THE MATERIALS. ANY INVESTMENT RETURN AND PRINCIPAL WILL FLUCTUATE WITH MARKET CONDITIONS, AND YOU MAY HAVE A GAIN OR LOSS ON YOUR INVESTMENTS. PAST PERFORMANCE IS NOT NECESSARILY INDICATIVE OF FUTURE RESULTS AND FUTURE ACCURACY AND PROFITABLE RESULTS CANNOT BE GUARANTEED.
GrowSmart is not registered as a securities broker-dealer or investment advisor either with the U.S. Securities and Exchange Commission or with any state securities regulatory authority or with any foreign country. The information contained in the Materials are neither an offer to sell nor a solicitation of an offer to buy interests in any private hedge fund, which may be managed by any principals of GrowSmart. An offer can only be made by a confidential private offering memorandum, only to individuals who meet the investor suitability and sophistication requirements of any such private hedge fund, and only in jurisdictions in which such an offer is lawful. The Materials should not be construed by anyone as GrowSmart solicitation or offer to effect or attempt to effect transactions in securities or the rendering of personalized investment advice (or an offer thereof) for compensation. The Materials, and any information and research contained therein, do not represent a recommendation of investment advice to buy or sell stocks or any financial instrument nor are they intended as an endorsement of any security or investment. The Materials are for informational purposes only and any watch list, portfolio, trading signal or other information contained in the Materials represent the writer’s or provider’s own investment opinions, and should not be construed as personalized investment advice. GrowSmart cannot assess, verify, or guarantee the suitability of any particular investment to any personal situation and the reader or listener of the Materials bears complete responsibility for its own investment research and should seek the advice of a qualified investment and/or tax professional prior to making any investment decisions. GrowSmart may only transact business or render personalized advice, and offers of service can only be made, in those states or international jurisdictions where GrowSmart is registered or where an exemption or exclusion from registration is available. Nothing herein is an offer of any service that is not legal for offer into any particular jurisdiction with GrowSmart current licensure (if any).
GrowSmart and their respective officers, directors, employees and/or associated entities, including any hedge fund managed by the principals of GrowSmart, may have positions in, and may from time to time make purchases or sales of, the securities discussed or mentioned in the Materials. Furthermore, GrowSmart and their respective officers,
directors, employees and/or associated entities, including any hedge fund managed by the principals of GrowSmart, may implement any strategies discussed in the Materials before or after such strategies are disclosed to recipients of the Materials. The profitability of any strategies communicated through the Materials may depend upon a limited number of persons implementing and knowing about the strategies. As a result of GrowSmart and their respective officers, directors, employees and/or associated entities, including any hedge fund managed by the principals of GrowSmart, trading and implementing the securities and strategies, respectively, discussed in the Materials, before or after such securities or strategies are discussed or disclosed to recipients of the Materials, such recipients may face decreased or no profitability and increased competition in the marketplace when seeking to implement such strategies or trade such securities. The principals of GrowSmart might not purchase or utilize in the Materials, or make any reference therein to, the securities or strategies, respectively, used for any hedge fund affiliated with GrowSmart or its principals.
No Warranty
GROWSMART, ITS AFFILIATES, AND THEIR OFFICERS, DIRECTORS, PRINCIPALS, AGENTS AND EMPLOYEES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SUITABILITY OR OTHER CHARACTERISTICS OF THE INFORMATION AND MATERIALS CONTAINED IN OR PRESENTED THROUGH THE MATERIALS. ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED “AS IS”, WITHOUT ANY WARRANTY OF ANY KIND. GROWSMART HEREBY FURTHER DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH INFORMATION AND MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE TITLE, NON-INFRINGEMENT AND AVAILABILITY.
Limitation of Liability
IN NO EVENT SHALL GROWSMART, ITS AFFILIATES, OR THEIR OFFICERS, DIRECTORS, PRINCIPALS, AGENTS AND EMPLOYEES BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES, INCLUDING DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO, LOST PROFITS OR TRADING LOSSES), OR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE MATERIALS (INCLUDING WITHOUT LIMITATION, THE CONTENT, INFORMATION, RESEARCH OR SERVICES INCLUDED THEREIN) WHETHER BASED ON THEORIES ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. SUCH LIMITATIONS APPLY EVEN IF GROWSMART, IT’S AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, PRINCIPALS, AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
Limited License to Use the Website; Password Protected Areas
Except as specifically permitted below, nothing contained in these terms of use or the Materials itself either grant or will be construed to grant to you or any third party any title or interest in, or any license or right to use or reproduce, any image, text, software, code, trademark, logo or service mark contained in the Materials, including without limitation the
name or logo of GrowSmart or any of its affiliates. Any data that you transmit to the Website (including without limitation personally-identifiable information) becomes the property of GrowSmart and may be used by GrowSmart for any lawful purpose without restriction, subject to the Privacy Policy set forth below. No part of the Materials may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, recording, or otherwise, without the prior written permission of GrowSmart. GrowSmart reserves, and will enforce to the fullest extent possible, all rights that it may have with respect to copyright and trademark ownership of all material contained in the Materials.
Portions of the Website may be password-protected and are accessible only to users who have been issued passwords by an authorized representative of GrowSmart. Password-protected portions of the Website may contain performance information. Users of the Site acknowledge that past performance is not necessarily indicative of future results.
Privacy Policy
In using portions of the Website, you may be asked to provide GrowSmart with personal information about you. Personal information is any information that can be used to identify or contact a specific individual or company. GrowSmart may use personally-identifiable information for its own internal purposes, or on behalf of its affiliates. GrowSmart will not transfer, sell or disclose your personal information to any other third party without your prior consent, except as may be required by law (such as a search warrant, subpoena or other court order, or pursuant to the order of any regulatory body having jurisdiction over GrowSmart or its affiliates) or to protect the integrity of the Website. In general, GrowSmart business practices limit access to personal information obtained through your use of the Website to those personnel who need to know such information to conduct GrowSmart or its affiliates’ operations. GrowSmart maintains physical, electronic and procedural safeguards designed to protect such information from unauthorized access or use. GrowSmart will use personal information obtained through your use of the Website only in accordance with the privacy policy in effect at the time such information was provided.
Links to Third Party Web Sites
You are encouraged to exercise discretion while browsing through the Website or any connected links. GrowSmart has not reviewed any of the websites that may be linked to the Website. GrowSmart or its principals are not responsible for the accuracy or the content of material contained in sites reached through links. GrowSmart is not responsible for the privacy practices of such other web sites. Your linking to or use of any off-site pages or other web sites is at your own risk. GrowSmart inclusion of links to other web sites does not imply any endorsement of the material located on or linked to by such web sites.
Terms of Use
By accessing any or all of the Materials and any information presented therein, you accept in their entirety the foregoing terms, conditions, and liability waivers pertaining to the use of the Materials and you assume all risks associated with such use (including without limitation, risk to your computer, software, or data being damaged by any virus transmitted or activated via any electronic copy, transmission, or download of any relevant Materials).
REFUNDS
By accepting this document recipient acknowledge and agree that all funds paid to GrowSmart Capital LLC including deposits and fees are deemed earned when paid and that there are no refunds.
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