These Terms of Use (“Terms”) are a legal agreement between you and Profitable Signals, Inc. dba Growth Signals (“Growth Signals,” “we,” “our,” or “us”) governing your access to and use of the Growth Signals website at https://www.growthsignals.com/ and any other websites or online platforms we operate that link to these Terms (collectively, the “Site”). 

SECTION 6.2 OF THESE TERMS CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN YOU AND GROWTH SIGNALS ARE RESOLVED. IN PARTICULAR, THE ARBITRATION AGREEMENT IN SECTION 6.2 PERMITS GROWTH SIGNALS TO REQUIRE DISPUTES BETWEEN YOU AND GROWTH SIGNALS TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. PLEASE REVIEW SECTION 6.2 FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT AND OTHER LIMITATIONS. BY ACCESSING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS YOU MAY NOT ACCESS OR USE THE SITE.

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1. WEBSITE.

1.1 Site License. Subject to these Terms, Growth Signals grants you a personal, limited, revocable, non-exclusive and non-transferable license to access and use the Site for informational purposes only. This license is exclusive to you and you may not sublicense the use of the Site. Growth Signals expressly retains all ownership rights, title and interest in and to all aspects of the Site and all intellectual property rights therein, including, but not limited to, all current and future patents, copyrights, trademarks, trade secrets, know-how, and other proprietary rights included or embodied in the Site.

1.2 Content. You may be provided with access to a variety of information, data, reports, and other content through the Site, including, text, audio, video, photographs, illustrations, graphics, and other data, information, and media (collectively “Content”). Unless otherwise noted on the Site, all Content is owned by Growth Signals and our third party providers. All Content is provided for informational purposes only and you are solely responsible for verifying the accuracy, completeness, and applicability of all Content and for your use of any Content. Subject to your compliance with these Terms, you may access the Content solely for your own personal purposes in connection with your use of the Site. You will not, and will not permit any third party to: (a) alter, modify, reproduce, or create derivative works of any Content; (b) distribute, sell, resell, lend, loan, lease, license, sublicense or transfer any Content; or (c) alter, obscure or remove any copyright, trademark or any other notices that are provided on or in connection with any Content. Certain Content may include or be based on data, information from third party Content providers (“Third Party Content”). Growth Signals has not verified the accuracy of, and will not be responsible for any errors or omissions in, any Third Party Content. Except as set forth in these Terms, you are granted no licenses or rights in or to any Content, or any intellectual property rights therein or related thereto. 

1.3 Restrictions. The Site and Content, and their entire set of features, and functionality including, but not limited to, the databases, software, hardware, text, displays, images, videos, audio, and other information and technology and the design, selection, and arrangement thereof used by or on our behalf to operate or promote the Site and Content (collectively, the “Technology”), constitute our valuable trade secrets. You will not, and will not permit any third party under your control to: (1) access or attempt to access the Technology except as expressly provided in these Terms; (2) use the Technology in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Technology; (3) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter the Technology; (4) harvest, collect, gather, or assemble information or data regarding any users of our Site, including e-mail addresses, without their consent; (5) alter, modify, reproduce, or create derivative works of the Technology; (6) alter, obscure, or remove any copyright, trademark, or any other notices that are provided on or in connection with the Technology; (7) distribute, sell, resell, lend, loan, lease, license, sublicense, or transfer any of your rights to access or use the Technology, or otherwise make the Technology available to any third party; (8) reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of the Technology; (9) attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Technology; (10) interfere with the operation or hosting of the Technology; or (11) introduce software or automated agents or scripts to the Technology so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, deep link, or mine content from the Technology (except that we grants the operators of public search engines revocable permission to use spiders to copy materials for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials).

1.4 User Data. You may provide us with information about yourself (“User Data”). You agree that User Data will be true, accurate, current and complete. You acknowledge the use and disclosure of User Data as described in the Growth Signals privacy policy, available at https://www.growthsignals.com/privacy-policy (the “Privacy Policy”). Notwithstanding anything in the Privacy Policy, we will have the right to collect, extract, compile, synthesize, and analyze non-personal information (data or information that does not identify an entity or natural person as the source thereof) (“Usage Data”) resulting from your access to and use of the Site. To the extent any such Usage Data is collected or generated by us, such Usage Data will be solely owned by us and may be used by us for any lawful business purpose without a duty of accounting to you, provided that the Usage Data is used only in an aggregated form, without directly identifying you or any other entity or natural person as the source thereof.

2. THIRD PARTY SOFTWARE AND LINKING.

Although we may make software, hyperlinks, and other products of third-party companies available to you, your use of such products is subject to the respective terms and conditions imposed by the third party owning, manufacturing or distributing such products, and the agreement for your use will be between you and such third party. Growth Signals makes no warranty with regard to the products or websites of any other entity. Growth Signals has no control over the content or availability of any third-party software or website. In particular, (a) Growth Signals makes no warranty that any third-party software you download or website you visit will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses and (b) it is your responsibility to become familiar with any website’s privacy and other policies and terms of service, and to contact that site’s webmaster or site administrator with any concerns.

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3. DISCLAIMER OF WARRANTY.

THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND. GROWTH SIGNALS EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

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4. LIMITATION OF LIABILITY.

YOU AGREE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL GROWTH SIGNALS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, IMAGES, DATA OR OTHER INTANGIBLES, EVEN IF GROWTH SIGNALS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT ARISE IN CONNECTION WITH THE SITE, CONTENT, OR THESE TERMS. IF YOU ARE DISSATISFIED WITH THE SITE, CONTENT, OR WITH ANY OF THESE TERMS, OR FEEL GROWTH SIGNALS HAS BREACHED THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. IT IS THE INTENTION OF YOU AND GROWTH SIGNALS THAT THIS PROVISION BE CONSTRUED BY A COURT AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

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5. INDEMNIFICATION.

You hereby agree to indemnify, defend, and hold harmless Growth Signals and its officers, directors, shareholders, affiliates, employees, agents, contractors, assigns, users, customers, providers, licensees, and successors in interest (“Indemnified Parties”) from any and all claims, losses, liabilities, damages, fees, expenses, and costs (including attorneys’ fees, court costs, damage awards, and settlement amounts) that result from any claim or allegation against any Indemnified Parties arising in any manner from: (a) your access to or use of the Site or Content; and (b) your breach of any representation, warranty, or other provision of these Terms. Growth Signals will provide you with notice of any such claim or allegation, and Growth Signals will have the right to participate in the defense of any such claim at its expense.

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6. GENERAL.

6.1 Modification. Growth Signals may modify these Terms at any time. Modifications become effective immediately upon your first access to or use of the Site after the “Last Updated” date at the top of these Terms. Your continued access to or use of the Site after the modifications have become effective will be deemed your conclusive acceptance of the modified Terms. If you do not agree with the modifications, do not access or use the Site.

6.2 Applicable Law and Dispute Resolution. These Terms shall be governed by the laws of the State of Colorado without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction. Subject to this Section 6.2, any legal suit, action, or proceeding arising out of, or related to, these Terms, the Site, or any Content shall be instituted exclusively in the state or federal courts for Denver County, Colorado. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. If you believe that Growth Signals has not adhered to these Terms, please contact us by e-mail at legal@growthsignals.com.  We will do our best to address your concerns. If you and Growth Signals are unable to reach a resolution to the dispute, Growth Signals may, in its sole discretion, require you to submit any disputes arising from these under the rules of the American Arbitration Association (www.adr.org) at its office for Denver County, Colorado. YOU UNDERSTAND THAT IF GROWTH SIGNALS ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. YOU AND GROWTH SIGNALS AGREE THAT ANY ARBITRATION WILL BE LIMITED TO THE DISPUTE BETWEEN GROWTH SIGNALS AND YOU INDIVIDUALLY. YOU ACKNOWLEDGE AND AGREE THAT YOU AND GROWTH SIGNALS ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Growth Signals otherwise agree in writing, an arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site, Content, or these Terms must be brought, if at all, within one year from the accrual of the claim or cause of action or be forever barred.

6.3 Independent Contractors. No joint venture, partnership, employment, or agency relationship exists between you and Growth Signals as a result of these Terms or use of the Site or any Content. 

6.4 Enforcement. If any legal action is brought to enforce these Terms, the prevailing party will be entitled to reimbursement of its attorneys’ fees, court costs, and other collection expenses, in addition to any other relief it may receive from the other party.

6.5 Force Majeure. Growth Signals will not be liable by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, material shortages or any other cause which is beyond Growth Signals’ reasonable control.

6.6 Waiver. The failure of Growth Signals to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by Growth Signals in writing.

6.7 Construction. The headings of Sections of these Terms are for convenience and are not to be used in interpretation.

6.8 Contact. Any questions, comments or suggestions, including any report of violation of these Terms should be provided to legal@growthsignals.com.  

6.9 Entire Agreement. These Terms constitute the entire agreement between you and Growth Signals and govern your use of the Site, superseding any prior agreements between you and Growth Signals. The failure of Growth Signals to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you and Growth Signals nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect. 

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