ACCEPTANCE OF TERMS AND CONDITIONS

The TSP Portfolio Tracker™ is a complimentary service for users who choose to register to use it. By clicking “I accept” when you register for the service, you hereby indicate that you fully understand, accept and agree to be bound by the Terms and Conditions (referred to in this agreement as “Agreement”). This Agreement may be updated at any time without notice. Further, we reserve the right to discontinue the TSP Portfolio Tracker™ service or TSPDataCenter.com (referred to in this agreement as the "site") site at any time. We reserve the right to block your access for violation of the Agreement. You agree to review the Agreement periodically to be aware of such modifications. Your continued use of the TSP Portfolio Tracker™ constitutes acceptance of the changes. This Agreement was last modified on July 18, 2012.

DISCLAIMER OF WARRANTIES, TERMS AND LIABILITY

THE TSP INFORMATION USED IN PROVIDING THIS SERVICE IS CALCULATED BASED ON THE DATA INPUTTED BY THE USER AND ON THE DAILY TSP RATES POSTED BY THE THRIFT SAVINGS BOARD. IT IS THEREFORE NOT OFFICIAL FEDERAL GOVERNMENT DATA AND INFORMATION DERIVED AND DATA PRESENTED ON THIS SERVICE ARE PROVIDED “AS IS,” AND THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH INFORMATION AND DATA. FEDSMITH CANNOT AND DOES NOT GUARANTEE THE ACCURACY, SEQUENCE, COMPLETENESS, TIMELINESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION OR DATA MADE AVAILABLE THROUGH THE SERVICE.

You Hereby Agree That:

  • FEDSMITH AND/OR ITS PRINCIPALS SHALL NOT BE LIABLE TO YOU OR TO ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY YOUR USE OF THE TSP PORTFOLIO TRACKER.
  • IN NO EVENT WILL FEDSMITH BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN YOUR USE OF THE SERVICE OR IN RELIANCE UPON SUCH INFORMATION OR DATA OR FOR ANY CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES, DAMAGES RESULTING FROM INCONVENIENCE, OR LOSS OF USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  • The laws of the State of Florida will govern these Terms of Use and any dispute of any sort that might arise between you and Fedsmith.com
  • FedSmith’s failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver by FedSmith of such right or provision.
  • THIS SERVICE MAY BE DISCONTINUED OR LIMITED AT ANY TIME.

USER NAME / PASSWORD PROTECTION

You agree to take all reasonable steps to protect the TSP Portfolio Tracker™ and your individual account from unauthorized access or use. Upon registering, you will choose a user name and password that will permit you to access the Service. YOU UNDERSTAND AND AGREE THAT THE USER NAME YOU SELECT FOR ACCESS TO THE SERVICE MAY BE DISCLOSED ON THE SITE TO OTHER USERS IN REPORTING COMPARATIVE PERFORMANCE OF USERS; THEREFORE IT IS YOUR SOLE RESPONSIBILITY TO SELECT A USER NAME THAT PROTECTS YOUR PERSONAL IDENTITY SHOULD YOU SO DESIRE. You agree that you will be the sole User of the Service under this Agreement. Username/Password are subject to cancellation or suspension by FedSmith, including upon your misuse of the Username/password in any way or your selection of an offensive or inappropriate Username. You agree that you will use your best efforts to prevent any third party from obtaining the Username/password, and you will inform FedSmith immediately of any actual or potential unauthorized access to a Username/password or to the Service.

ELECTRONIC COMMUNICATIONS

You consent to receive communications from FedSmith electronically so that we may respond to your electronic communications and so that we may notify users as a class of information regarding the Site. We will communicate with you by e-mail or by posting notices on this Site and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

ACCESS/INTERFERENCE/MODIFICATION/LINKS

You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the site, not to use any device, software or routine to interfere or attempt to interfere with the proper working of the TSP Portfolio Tracker™, not to take any action that imposes an unreasonable or disproportionately large load on the site infrastructure, and not to use any data mining, robot, spider, crawler, cancelbots, Trojan horse, or any data gathering or extraction method or manual process to facilitate the misuse of the TSP Portfolio Tracker™.

CONDUCT AND SITE SECURITY

Any conduct by you that, in FedSmith’s sole discretion, restricts, inhibits or interferes with the ability of any other person to use or enjoy the Site will not be permitted. The Site may only be used for lawful purposes. Violations of system or network security may result in civil or criminal liability.

DISSEMINATION DISCONTINUANCE OR MODIFICATION

You understand and acknowledge that FedSmith, in its sole discretion, may from time to time make modifications to its system and the TSP Portfolio Tracker™ or the site.

COPYRIGHT/REDESSEMINATION PROHIBITED

The TSP Portfolio Tracker™ and the site are owned by FedSmith Inc. FedSmith actively protects its rights to the TSP Portfolio Tracker™ and the site to the fullest extent of the law. You may not use such material except as provided in this Agreement.

You may use the TSP Portfolio Tracker™ online and solely for your personal, non-commercial use. No other use is permitted. You may not, for example, republish the TSP Portfolio Tracker™ or any of the site content on any Internet, Intranet or Extranet site or incorporate it into any database, compilation, archive or cache. You may not distribute it to others, whether or not for payment or other consideration, and you may not modify, copy, frame, reproduce, sell, publish, transmit, display or otherwise use any portion of the TSP Portfolio Tracker™ without the written consent of FedSmith.

MONITORING

FedSmith reserves the right, but not the obligation to monitor areas of the Site electronically and to remove information and materials that FedSmith deems, in its sole discretion, to be objectionable or in violation of these Terms. However, FedSmith expressly disclaims any obligation or warranty to screen or remove objectionable materials. FedSmith further reserves the right to disclose any content of any kind if we are required to do so by law or court order, or if necessary or appropriate to operate the Site or to protect FedSmith’s rights or property or the rights of other users.

DURATION/SURVIVAL

This Agreement remains in effect for so long as you have the ability to use the TSP Portfolio Tracker™. This Paragraph and the Paragraph DISCLAIMER OF WARRANTIES, TERMS AND LIABILITY survive termination of this Agreement. If any of the provisions of this Agreement, or application thereof to any Person or circumstance, shall to any extent be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provisions to Persons or circumstances other than those as to which they are held invalid or unenforceable, shall not be affected thereby and each such term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

Natural persons executing this Agreement warrant and represent that they are at least eighteen (18) years of age. Users and the Person executing this Agreement on behalf of any User that is a proprietorship, corporation, partnership or other entity, represent that such Person is duly authorized by all necessary and appropriate corporate or other action to execute the Agreement on behalf of User. This Agreement shall be construed and enforced in accordance with, and the validity and performance shall be governed by, the laws of Florida, without reference to principles of conflicts of laws thereof.

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