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 and County of Minneapolis, Minnesota.  This Agreement shall be governed by the laws of the state of Minnesota.  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.

Ogden, UT  84412