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
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.
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
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
to cancel your subscription.
Please note that NO REFUNDS ARE GIVEN FOR
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.
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
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
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 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
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
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.
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
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
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.
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
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.
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
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.
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
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.
Back to Member's Area
Customer Service, Misc. Questions:
Feedback, Requests, Media:
Urgent issues only
(Please leave a message including your account username if you are a
phone # and/or a contact email address, and we will
try to resolve your issue as soon as possible.)
P.O. Box 13213
Ogden, UT 84412