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Web Site Subscriber Agreement and Terms of Service Between Subscriber and TSPtalk.com (“Agreement”).
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES PROVIDED BY TSPtalk.COM.
All references to TSPtalk.com shall include the owner of TSPtalk.com, and any affiliates, subsidiaries, officers and employees of TSPtalk.com, or its owner. All references to “you” and “your” shall mean the subscriber.
ACCEPTANCE BY TSPtalk.COM AND ACCESS TO TSPtalk.COM IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY TSPtalk.COM, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
1. Description of Services
TSPtalk.com publishes a regularly scheduled newsletter which is delivered by either email or posting on areas of the World Wide Web which can be password protected areas. The newsletter provides commentary and information on the Thrift Savings Plan, stocks, bonds, and the financial markets in general.
2. Subscribing
By subscribing to TSPtalk.com, you agree to provide complete and accurate registration information, including, without limitation, your legal name, address, email address and telephone number. You agree to maintain and update this information as necessary to keep it true, accurate and complete. TSPtalk.com reserves the right to terminate the subscriber’s subscription or limit access to the services if the information is false or inaccurate.
PLEASE NOTE: We understand the need to access the information provided at home and at work. However, if suspicious behavior is apparent (i.e. shared passwords among users), then the subscriber will forfeit all paid subscription dues and access will be terminated. Password-sharing is NOT encouraged, as anyone with the user's login details may be able to obtain sensitive information about the subscriber.
3. Payment, Renewal, Cancellation, and Refunds
All subscription fees will be charged to the credit card or PayPal account provided by the subscriber. Payment for a subscription is due in advance and will be charged to the subscriber’s credit card or PayPal account prior to the period selected.
Renewal of monthly and semi-annual subscriptions is automatic and occurs on the same date of each month for during the month of your renewal, whether it is a monthly or semi-annual subscription, and will continue until you notify support
to cancel your subscription.
Please note that NO REFUNDS ARE GIVEN FOR MONTHLY SUBSCRIPTIONS.
You must notify TSPtalk.com via the above email address link (also at the bottom of this page) that you wish to cancel at least 48 hours before your account is up for renewal.
Annual subscriptions will not renew automatically.
To renew your annual subscription, you can either let your current subscription expire and renew. At that point you will see a menu of services to resubscribe. Or you can add a year to your current service once you are within 30 days of expiration. You should be notified once you are eligible for renewal.
First time subscribers to any of the Premium Services will have 30 days to decide if they wish to continue an annual subscription. If they choose to cancel within the 30-days, they should email us and a full refund will be issued.
After the 30-days there will be no refunds issued for cancelled annual subscriptions. Pro-rated refunds are not offered after 30 days. Each member is eligible for one refund, per service.
You can cancel by going into the
members' area and click on edit member profile link in the menu. For best results, always send us a confirmation
email with your login name requesting cancellation, and we will manually cancel for you. If you are using PayPal, be sure to go to
www.paypal.com and cancel your subscription there as well.
Here’s how to view your preapproved payment (Subscription) information on PayPal:
- Log in to your PayPal account.
- Click Profile near the top of the page.
- Click My money under My Profile.
- Click the agreements you want to view in the My preapproved payments section. |
Month to month subscriptions are not eligible for refunds.
PLEASE NOTE: Any "special" or discounted subscriptions, defined as being an offer below the current subscription rate, will not be refundable in any amount after 30 days of sign-up. When available, free trials are allowed for new subscribers only.
TSPtalk.com reserves the right to change the rates for the subscription at any time following 30 days notice by email to the subscriber. The subscription rate change shall apply to all subsequent billings following the 30-day notice period. If the company issuing the credit card rejects the charge for any reason, TSPtalk.com reserves the right to terminate your subscription and your access to the TSPtalk.com premium services.
TSPtalk.com and / or PayPal reserves the right to charge the card given us by subscribers. Should the expiration date of the card change, but only the expiration date, TSPtalk.com or PayPal reserves the right to advance the date to your card's new expiration.
4. Selection of username & password
To access TSPtalk.com you be choose a username and password. You agree that you have no right to transfer, assign or share the username or password, and that you are solely responsible for maintaining confidentiality of your username and password. If you believe that your information is no longer secure, you agree to promptly notify TSPtalk.com and change your username and password.
5. Representations and Warranties
You represent and warrant to TSPtalk.com that (a) you are over the age of eighteen (18) and have the power and authority to enter into and perform your obligations under this Agreement; (b) you shall comply with all the terms and conditions of this Agreement, including, without limitation, the Terms of Use set forth below; and (c) you have provided accurate and complete registration and subscription information, including, without limitation, your legal name, address and telephone number.
6. Terms of Use
a. You agree that you shall use the access granted to TSPtalk.com and any emails received from TSPtalk.com, its agents or assigns, for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any information, material or services obtained from the TSPtalk.com or the emails sent by TSPtalk.com.
b. You acknowledge that you have read, understand and agree to the terms of the Disclaimer posted on TSPtalk.com, which are incorporated herein by reference, as if set forth and restated in their entirety.
c. You agree that you will only use the access granted under this Agreement for lawful purposes.
d. You agree not to permit anyone whose subscription was terminated to access the site with your username and password, or to provide your information for the purpose of accessing TSPtalk.com.
e. All materials displayed or performed on the TSPtalk.com, or in emails sent by TSPtalk.com, (including, but not limited to text, graphics, news articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content") are protected by copyright, and owned or controlled by TSPtalk.com or its third party content providers. You agree to abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services. TSPtalk.com is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as permitted in this Agreement for the use of Services), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part. You may download or copy the Content, and other items displayed on, or distributed by TSPtalk.com, for download, for personal use only, provided that you maintain all copyright and other notices contained in such Content. You will not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from TSPtalk.com, or from the copyright holder identified in such Content's copyright notice.
f. The site and emails maintained and distributed by TSPtalk.com may contain links to the sites of third parties. The linked sites are not under the control of TSPtalk.com and TSPtalk.com is not responsible for the content of those sites. These links are provided only as a matter of convenience and inclusion of a link by TSPtalk.com does not imply an endorsement of, or an association with, any third party’s linked site, products or services, unless expressly stated. TSPtalk.com is not a party to any agreement or transaction which you enter into with a third party accessed through a link. You are responsible for reading and complying with the terms of use, privacy statement and disclaimer for any linked site. The online trading services that you may access through links on TSPtalk.com are services offered by listed independent brokerage firms and require that you open and maintain a brokerage account with them. TSPtalk.com does not endorse or recommend the services of any brokerage firm and you agree that TSPtalk.com shall not be liable for any damages or costs arising out of your relationship with any brokerage firm.
g. You understand that parts of the Content, as well as software tools and portions of the Services available on the Site may be provided by third party content providers and suppliers. You acknowledge that neither TSPtalk.com nor such third party providers and suppliers guarantee the accuracy, completeness or timeliness of such information and you therefore agree that TSPtalk.com and its third party providers and suppliers shall have no liability for any loss you may suffer through your use of such materials or resulting from any errors, omissions or delays related thereto. By accepting this agreement, you expressly accept the terms of the user agreement for the third party providers, as set forth in Exhibit A. See individual third party agreements for specific guidelines on third party content (see Exhibit A).
h. The subscription to TSPtalk.com is only intended for citizens and residents of the United States of America, currently residing there. TSPtalk.com makes no representation that the Services provided are appropriate for other geographical locations or jurisdictions. TSPtalk.com reserves the right to limit availability of the site and services to any person, geographic area or jurisdiction. This Agreement is void where prohibited by law, and the right to access TSPtalk.com is revoked in such jurisdictions. You also agree that you will comply with any local laws or regulations that may apply to your use of TSPtalk.com, or any emails sent by TSPtalk.com, including, without limitation, any laws requiring registration or filings with local authorities, and the payment of any taxes.
7. Indemnification
You will indemnify and hold TSPtalk.com, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from (i) any claims of liability or responsibility for any use or misuse of the Services as selected or as applied by you, (ii) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, the violation of this Agreement by you, or the infringement by you, or any third party using your TSPtalk.com username and password, of any intellectual property or other right of any person or entity.
8. Disclaimer of Warranties
You acknowledge that the services and the site are still under development and that the services, content, site and any software are provided on an "as is" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some states do not allow limitations on how long implied warranty lasts, so the above limitations may not apply to you.
9. Accessibility
You agree that from time to time TSPtalk.com may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which TSPtalk.com may undertake from time to time; or (iii) causes beyond the control of TSPtalk.com or which are not reasonably foreseeable by TSPtalk.com. TSPtalk.com may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. TSPtalk.com may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
10. Termination
TSPtalk.com reserves the right to terminate your subscription or limit your access to TSPtalk.com at any time, in its sole discretion, and make a refund to you for any remaining whole months on your subscription. In the event of a breach of this Agreement by you, TSPtalk.com reserves the right to immediately terminate your access without a refund.
11. Modification and Amendment
TSPtalk.com reserves the right, at its discretion, to modify this Agreement at any time by posting a notice on the web site, or by sending you a notice via e-mail. You are responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.
12. Arbitration Agreement
Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be the City of Ogden, Utah. This Agreement shall be governed by the laws of the state of Utah. Each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
13. Miscellaneous
a. Law. This Agreement shall be governed by the laws of the state of Utah and the United States of America without reference to conflicts of laws.
b. Waiver and Severability. No failure or delay in exercising or enforcing any right or remedy hereunder by TSPtalk.com shall constitute a waiver of any other right or remedy, or future exercise thereof. If any provision of this Agreement is determined to be invalid under any applicable statute or rule of law, it is to that extent to be deemed omitted, and the balance of the Agreement shall remain enforceable.
c. Survival. The respective rights and obligations of the parties under Sections 5, 6, 7, 8 13, and this Section 14 shall survive any termination or expiration of this Agreement.
d. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement.
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E-MAIL
Customer Service, Misc. Questions:
Feedback, Requests, Media: 
PHONE Urgent issues only 801.782.9010 (Please leave a message including your account username if you are a subscriber, phone # and/or a contact email address, and we will try to resolve your issue as soon as possible.) U.S. MAIL TSP Talk P.O. Box 13213 Ogden, UT 84412
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