Modern Growth Exchange, LLC. Terms of Service

Effective Date: April 30, 2025

1. Acceptance of Terms

These Terms of Service ("Terms") are entered into between you and Modern Marketing Exchange LLC, ("we," "us," "our,") and govern your access to and use of www.moderngrowthexchange.com (the "Site"). By accessing or using the Site, you agree to be bound by these Terms and our Privacy Policy, located at [insert link to privacy policy here]. Please read these Terms carefully before you use the Site. If you do not agree to all the terms and conditions, you may not access or use the Site.

2. Eligibility

By using the Site, you represent and warrant that:

1. You are at least the age of majority in your jurisdiction (or have received appropriate parental/guardian consent if a minor).
2. You have the legal capacity and authority to enter into these Terms.
3. You will comply with all applicable laws and regulations in connection with your use of the Site.

3. Modifications to Terms

We may update or modify these Terms at any time in our sole discretion. If we make material changes, we will notify you by posting the revised Terms on this page with a new "Effective Date." Continued use of the Site after any such changes indicates your acceptance of the updated Terms. It is your responsibility to check this page from time to time so that you are aware of any changes to the Terms, as they will be binding on you.

4. Changes to Services Offered.

We may, in our sole discretion and without prior notice or liability, discontinues, modify, alter, remove, delete or suspend any aspect of the content, functionalities and/or services offered on or through the Site. We will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period of time. From time to time we may restrict user access, including registered user access, to some or all of the Site.

5. Use of the Site

1. You are responsible for both making all arrangements necessary to access the Site and ensuring that all persons who access this Site through your internet connection are aware of these Terms and comply with them.
2. License: We grant you a limited, non-exclusive, and revocable license to access and use the Site for personal, non-commercial purposes, subject to your compliance with these Terms.
3. Prohibited Conduct: You agree not to:
   • Use the Site in any manner that could disable, overburden, or impair its functionality.
   • Attempt to interfere with the security of the Site or gain unauthorized access to its systems.
   • Use any automated means (e.g., bots, scrapers) to access or collect data from the Site without our prior written consent.
   • Upload or transmit viruses or other malicious code.
   • Violate any applicable laws or regulations.
   • Engage in any illegal or fraudulent activities.
   • For the purpose of harassing, abusing insulting, harming or attempting to harm minors in any way by exposing them to inappropriate content, asking them for personally identifiable information or otherwise.
   • To transmit or procure the sending of any advertising or promotional material, including junk mail, spam, or similar solicitations.
   • To impersonate or attempt to impersonate us, one of our employees another user or any other person or entity.

6. User Content

1. Ownership: You retain ownership of any content you post, upload, or otherwise share on the Site ("User Content").
2. License to Us: By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, distribute, display, and modify your User Content in connection with the operation of the Site or for any other purpose we deem appropriate for our business purposes.
3. Restrictions: You represent and warrant that:
   • You own or have the rights to post your User Content.
   • Your User Content does not violate any third-party rights or laws.
   • Your User Content is not defamatory, obscene, pornographic, or otherwise unlawful or in violation of these Terms

Any User Content you post to the Site will be considered non-confidential and non-proprietary. You understand that you are responsible for any User Content that you submit or contribute to the Site, and that you, not we, are responsible for such content, including its legality, reliability, accuracy and appropriateness as well as its compliance with these Terms. We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user. We have no obligation to review or monitor and we do not approve, endorse or make any representations or warranties with respect to User Content.

7. Monitoring and Enforcement

We have the right to:

• Remove or refuse to post any User Content for any or no reason in our sole discretion.
• Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for the us or any third party.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
• Terminate or suspend your access to all or part of the SIte for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD US AND OUR AFFILIATES, LICENSEES, AND SERVICE PROVIDERS HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY ANY OF SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review material before it is posted on the Site and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

8. Intellectual Property

The Site and its contents, features and functionality are owned by us, our licensors, and other providers of material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The Terms permit you to use the Site for your personal, non-commercial use only. Any other use of content on the Site, including, but not limited to, the modification, distribution, transmission, broadcast, publication, licensing, reverse engineering, transfer, sale or creation derivative works from, any material. Information, software, content, products or services obtained from the Site is expressly prohibited.

1. Site Content: Except for User Content, all content on the Site, including text, graphics, logos, icons, images, and software, is owned or licensed by us and is protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works from our content without our prior written consent.
2. Trademarks: All trademarks, logos, and service marks (collectively "Marks") displayed on the Site are our property or the property of their respective owners. You may not use any Marks without prior written permission from the owner.

You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for any further reproduction, publication or distribution.

We respect the intellectual property of others. If you believe that any material on the Site infringes upon any copyright that you own or control, please send us, at the address set forth below, a notification of such infringement containing the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
3. A description of where the material that you claim is infringing can be found;
4. Your address, telephone number, and email address;
5. A statement that you believe that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you at the bottom of your notification exactly as follows: "I hereby declare, under penalty of perjury, that the above information is accurate and that I am the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner."

9. Third-Party Links

The Site may contain links to third-party websites or services that are not owned or controlled by us. We are not responsible for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we are not liable for any damages or losses caused by or in connection with the use of any such content or services.

10. Disclaimer of Warranties

Your use of the Site is at your sole risk. The Site is provided on an "AS IS" and "AS AVAILABLE" basis. We disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee:

1. The Site will meet your requirements or be uninterrupted, secure, or error-free.
2. The results or information obtained from using the Site will be accurate or reliable.
3. Any defects in the Site will be corrected.

11. Limitation of Liability

To the fullest extent permitted by law, we and our directors, officers, employees, affiliates, agents, contractors, or licensors shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages arising out of or relating to your use of or inability to use the Site. In no event shall our cumulative liability exceed the amount you paid (if any) to us for accessing or using the Site.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

12. Indemnification

You agree to indemnify, defend, and hold harmless us and our affiliates, officers, agents, and employees from and against any and all claims, damages, obligations, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising from or related to:

1. Your violation of these Terms.
2. Your use or misuse of the Site, including, but not limited to any User Content uploaded by you.
3. Your violation of any rights of a third party or any applicable law.

13. Termination

We reserve the right, in our sole discretion, to terminate or suspend your access to the Site, without notice, for any or no reason, including but not limited to a violation of these Terms. Upon termination, your right to use the Site will immediately cease.

14. Governing Law & Dispute Resolution

These Terms and any disputes related to them or the Site will be governed by and interpreted in accordance with the laws of the State of New Jersey, United States. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in the State of New Jersey, United States to resolve any dispute arising from these Terms.

15. Severability

If any provision of these Terms is deemed unlawful, void, or unenforceable, that provision will be deemed severable from these Terms and will not affect the validity or enforceability of the remaining provisions.

16. Entire Agreement

These Terms, along with any additional agreements or policies incorporated by reference (including our Privacy Policy), constitute the entire agreement between you and us regarding your use of the Site, superseding any prior agreements.

17. Contact Us

If you have any questions about these Terms or wish to report any violations, please contact us at:

Modern Growth Exchange
300 Witherspoon Street
Suite 201
Princeton, NJ 06542
info@moderngrowthexchange.com