By subscribing to or visiting the TSPpilot.com website, you are agreeing to abide by the following legal disclaimer:
The words “use” or “using” in this Agreement, means any time an individual (a “user”), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from the TSPpilot.com website, receive data from the TSPpilot.com website, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the TSPpilot.com website, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or any links on the TSPpilot.com website that may direct your browser or your Internet connection to third party web sites or web pages.
TSP Pilot reserves the right to modify subscription pricing for both current and future members at any time.
Ownership and Proprietary Rights
The TSPpilot.com website, including all content, media and materials, all software, code, design, text, images, photographs, illustrations, audio and video material, media files, artwork, graphic material, articles, databases, proprietary information, writings, spoken statements, music, video recordings, audio-visual works and recordings, slides, portraits, animated and/or motion pictures, caricatures, likenesses, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, as well as any accompanying documentation, packaging or other materials, tangible or intangible, and all copyrightable or otherwise legally protectable elements of the TSPpilot.com website, including, without limitation, the selection, sequence and ‘look and feel’ and arrangement of items, and all derivative works, translations, adaptations or variations of same, regardless of the medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in colors, alone or in conjunction with other works, characters, real or imaginary, in any part of the world (all of the foregoing, individually and/or collectively, is referred to herein as “Content”), are the property of TSP Pilot and/or its affiliates, and their authorized advertisers, licensors, suppliers, service providers, promotional partners and/or sponsors. All Content on the TSPpilot.com website is legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. As such, you should assume that all Content contained in the tspPilot.com website is either the copyrighted property of TSP Pilot, unless otherwise noted, or are the copyrighted property of third parties.
The brands, names, logos, trade names, trademarks, service marks and other distinctive identifications (collectively “Marks”) on or of the TSPpilot.com website, including, without limitation, “TSP PILOT” and or stylized TSPpilot.com logo are the trademarks and intellectual property of and proprietary to TSP Pilot. You have no right to use any of these Marks or any confusingly similar marks for any purpose without the express prior written consent of TSP Pilot.
License and Site Access
TSP Pilot authorizes you to access Content and grants you the limited right and license to use the tspPilot.com website solely for your non-commercial, non-exclusive, non-assignable, non-sublicensable, non-transferable and limited personal use and for no other purpose whatsoever. You may download one single hard copy of Content displayed on the TSPpilot.com website for non-commercial, personal use only. You must not alter, delete or conceal any copyright or other legal notices contained on the TSPpilot.com website, including notices on any Content you display, print or reproduce from the TSPpilot.com website. Unless we explicitly and specifically notify you otherwise in writing, you shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, sell, upload, transmit, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party Web site) or otherwise use, any Content without the express prior written consent of TSP Pilot.
This license does not include any resale or commercial use of the TSPpilot.com website or its Content; any collection and use of any product listings, descriptions, or prices; any derivative use of the TSPpilot.com website or its Content; any downloading or copying of membership information for the benefit of another merchant; or any use of data mining, Web scraper, spider, robots, or similar data gathering and extraction tools. The TSPpilot.com website or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of TSP Pilot. You may not frame or utilize framing techniques to enclose any Marks or Content (including page layout, or form) on the TSPpilot.com website without our express written consent. You may not use any meta tags or any other “hidden text” utilizing TSP Pilot Marks without our express written consent. Any unauthorized use terminates the permission or license granted by TSP Pilot.
As an express condition of your use of the TSPpilot.com website, you warrant to us that you will not use the TSPpilot.com website for any unlawful purpose or purpose prohibited by this Agreement or the laws or regulations in the jurisdiction in which you live or reside. Any unauthorized or prohibited use of any Content, including use in contravention of this Agreement, may subject you to civil liability, criminal prosecution, or both. If you violate any part of this Agreement, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any of the Content. TSP Pilot makes no representation that any Content is legal or appropriate for use outside of the United States of America or that it is authorized for export from the United States of America or for import into any foreign country. You are solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction inside and outside of the United States of America from which you may access the TSPpilot.com website.
Creation of more than one account to receive multiple free subscription offers is expressly prohibited and may result in termination of your account.
Notice and Procedure for Making Claims of Copyright Infringement
We respect the intellectual property of others, and we ask you to do the same. Accordingly, TSP Pilot has adopted the following Intellectual Property Compliance Policy. If you or any user of the TSPpilot.com website believes its copyright, trademark, or other property rights (“IP Rights”) have been infringed, the IP Rights owner (“Complaining Party”) should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include: a.) A physical or electronic signature of the Complaining Party or such person authorized to act on behalf of the Complaining Party;
b.) Identification of the IP Rights claimed to have been infringed;
c.) Information reasonably sufficient to permit us to contact the Complaining Party or such person authorized to act on behalf of the Complaining Party, such as address, telephone number and, if available, an electronic mail address at which the Complaining Party may be contacted;
d.) Identification of the material that is claimed to be infringing or to be subject to infringing activity on the Complaining Party’s IP Rights that is to be removed and information reasonably sufficient to permit us to locate such materials;
e.) A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or by law;
and f.) A statement that the information in the notification is accurate and, under penalty of perjury, the Complaining Party or such person authorized to act on behalf of the Complaining Party is the owner of an exclusive IP Right that is allegedly infringed.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c) (“DMCA”), our Designated Agent for notice of claims of IP Rights infringement can be reached as indicated below.
Designated Agent for Claimed Infringement:
Eric J. von Vorys
SHULMAN, ROGERS, GANDAL, PORDY & ECKER, P.A.
12505 PARK POTOMAC AVENUE, 6TH FLOOR, POTOMAC, MD 20854
On notice, we will act expeditiously to review and if necessary to remove content on the tspPilot.com website that infringes the copyright rights of others and will disable the access to the tspPilot.com website and its services of anyone who uses them to infringe repeatedly the intellectual property rights of others. Any such removal will be without liability to you or any other party and that the claims of the Complaining Party will be referred to the United States Copyright Office for adjudication as provided in the DMCA. We take protection of copyrights, both our own and others, very seriously.
TSP Pilot is published by JSR Consulting LLC. TSP Pilot is a private commercial advisory service and is not associated in any official way with the U.S. Federal government or the tsp.gov website, nor has it received any special endorsement from either the Thrift Savings Plan or the Thrift Savings Board. TSP Pilot is neither a registered Investment Advisor nor a Broker/Dealer. As a publisher of a financial newsletter of general circulation, we cannot tender individual investment advice. Subscribers are urged to consult with their own independent financial advisors with respect to any investment. All information contained in this report and website should be independently verified. TSP Pilot principals may have their own TSP Plan accounts, but will not front-run recommendations. TSP Pilot shall have no liability whatsoever for any claim, damages, loss or expense arising out of or in connection with the reliance by you on the contents of the TSP Pilot web site, any promotion or any advisory update.
All TSP Pilot documents and publications are prepared for informational and educational purposes only and are not solicitations, or offers to buy or sell any security. We also do not provide individual investment advice or managed accounts. Results and opinions are based on extensive back testing, historical research and data believed reliable, however, TSP Pilot makes no warranty, express or implied, including the warranties of merchantability and fitness for a particular purpose, and assumes no legal liability or responsibility for the accuracy, completeness, timeliness, appropriateness or usefulness of any information, product, or process described or depicted in its documents and publication material. In addition, we undertake no obligation to update such opinions, analysis or information. Owners, employees and writers may have long or short positions in the securities that are discussed.
There is no guarantee that future investment results will be profitable. Since TSP Pilot does not manage actual money, performance results are therefore only hypothetical. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown. Also, since the trades have not actually been executed, the results may have under- or over-compensated for the impact, if any, of certain market factors, such as any delay in the implementation of requested TSP Plan portfolio changes by the TSP Plan administrators. As a safety factor, all TSP Pilot portfolio performance metrics include the assumption of a two day delay from date of notice to the assumptive date of TSP Plan implementation. TSP Pilot employees make no representations or guarantees and are not licensed brokers, analysts, or registered investment advisors. TSP Pilot subscribers agree to waive the right to a trial by jury or to participate in a class action.
TSP Pilot subscribers will be sent email alerts from a third party listserv when portfolio allocation changes are made and when market Commentaries are updated. However, because of the inherent unreliability of the email protocol itself, the blocking of third party sending servers and the performance of local POP email filters, TSP Pilot cannot and will not be held liable for the successful delivery of email alerts. Subscribers need to advise of any suspicion of blocked email so that a complaint can be filed with the particular listserv contractor for possible resolution. TSP Pilot will be glad to add one or more alternate email addresses to the alerts listserv for current subscribers. Send such requests to firstname.lastname@example.org. TSP Pilot suggests that subscribers visit the Current Advisory Page daily to assure staying abreast of changes in recommendations and market Commentary updates.
TSP Pilot, will send targeted email promotions only to those who are very likely to either have an account in, or have an abiding or vested interest in, the Federal Thrift Savings Plan. Such individuals will either be current or retired Federal civilian or military employees. It is not TSP Pilot intention to send promotional email notices to broader audiences who have no level of participation or interest in the Federal TSP. TSP Pilot believes the information it provides to be of significant interest and value to this TSP target audience–a specific audience it has spent considerable time and effort to identify. However, to be removed from future TSP Pilot mailings simply unsubscribe via the email link.
The TSPpilot.com website contains links to other websites. These links include information developed, published, maintained, or otherwise posted by entities entirely separate from and unrelated to TSP Pilot. TSP Pilot does not sanction, approve, control, attest to the veracity of, or endorse materials on these external websites. It neither warranties nor assumes responsibility for the truthfulness, fullness, value, or timeliness, of content found at these sites. Use of any information obtained from these independent locations is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness. Reference therein to any specific commercial product, process, or service by trade name, trademark, service mark, manufacturer, or otherwise does not constitute or imply endorsement, recommendation, or favoring by TSP Pilot.
TSP Pilot utilizes external services such as Google Analytics, Drip, Autopilot, reCaptcha, and others. You agree that TSP Pilot can share data with these providers, and any others selected by TSP Pilot, in order to deliver our service.
In general, you can visit the TSPpilot.com website on the Internet without telling us who you are or giving us your personally identifiable information. As to all information described below, TSP Pilot will not give, sell, rent or exchange the information with anyone else without your prior consent except as compelled by law (see below). When we collect information from you, you may tell us that you do not want it used for further marketing contact and we will respect your wishes.
We reserve the right to change this Policy at any time and from time to time. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, issuing an e-mail to the e-mail address that you listed when registering and posting the revised Policy on this page. You acknowledge and agree that it is your responsibility to review this Policy periodically and to be aware of any modification(s) made. Your continued use of the TSPpilot.com website after any such modifications will constitute your: (a) acknowledgment of any modified Policy; and (b) agreement to abide and be bound by any modified Policy.
TSP Pilot has absolutely no interest in acquiring your personal TSP plan information or gaining access to your personal TSP account. That is entirely your private matter. The TSPpilot.com website simply provides you with its current TSP fund allocation recommendations which you can then use to make recommended allocation updates yourself by visiting your own TSP Account site pages.
If you visit our site to read or download information, we collect and store only the following information about you: the name of the domain from which you access the Internet; the date and time you access our site; and the Internet address of the web site from which you linked directly to our site. We will not obtain personally identifying information about you when you visit our site, unless you voluntarily choose to provide such information to us. TSP Pilot, does not give, sell or transfer personal information to third parties, unless under subpoena.
For site management some limited information is collected for statistical purposes. Computer software programs are used to create summary statistics about visits to the TSPpilot.com website which are used for such purposes as assessing what information is of most and least interest, determining technical design specifications, and identifying system performance or problem areas.
TSPpilot.com is not directed to children 13 years old or younger.
USE OF WEBSITE
In order to better provide you with our numerous services, TSP Pilot collects two types of information about our users: Personally Identifiable Information and Non-Personally Identifiable Information. Our primary goal in collecting information from you is to provide you with a smooth, efficient, and customized experience while using the TSPpilot.com website.
Personally Identifiable Information (“PII”): This refers to information that lets us know the specifics of who you are. When you engage in certain activities on the TSPpilot.com website, such as registering or posting material, we may ask you to provide certain information about yourself by filling out and submitting an online form. It is completely optional for you to engage in these activities. We may ask, however, that you provide us personal information, such as your first and last name, address, telephone number, e-mail address, and/or other PII. We may also collect information from you at other points on the TSPpilot.com website that state that such information is being collected. However, this policy is subject to change without notice and we encourage you to periodically check our Policy statement.
To most efficiently serve you credit card transactions are directly handled by established third-party banking and processing agents who receive the information needed to verify and authorize your credit card or other payment information. The information is delivered to them via the online subscription registration form that you submit. TSPpilot.com does not currently receive any of your credit card information, however, this policy is subject to change.
Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we conscientiously strive to protect your PII, you acknowledge that: (a) there are security and privacy limitations of the Internet that are beyond our control; (b) the security, integrity, and privacy of any and all information and data exchanged between you and us through the TSPpilot.com website cannot be guaranteed; and (c) it is possible that any such information and data may be viewed or tampered with while in transit by a third party.
When you register with TSP Pilot’s online services, we collect your name, email address, and only that other information necessary to service your subscription. You acknowledge that by signing up for, or inquiring about, online services you are also opting in for e-mail announcements or alerts. We will use your email address to send you updates and alerts on TSPpilot.com site’s online services. This helps us keep you informed of our online services and better serve you. You will not receive any electronic or other correspondence from third parties.
Non-Personally Identifiable Information (“Non-PII”): This refers to information that does not by itself identify a specific individual. We may gather certain general information about you based upon where and how you visit the TSPpilot.com website in several ways. This information may be compiled and analyzed on both an individual and an aggregated basis. This information may include the Uniform Resource Locator (“URL”) that you just came from when you visited the TSPpilot.com site, which URL you next go to, what browser you are using, and/or your Internet Protocol (“IP”) address. A URL is the global address of documents and other resources on the World Wide Web (“Web”). An IP address is an identifier for a computer or device on a Transmission Control Protocol/Internet Protocol (“TCP/IP”) network, such as the Web. Networks like the Web use the TCP/IP protocol to route information based on the IP address of the destination. In other words, an IP address is a number that is automatically assigned to your computer whenever you are surfing the Web or allowing Web servers to locate and identify your computer. Computers require IP addresses in order for users to communicate on the Internet.
We only use your PII to provide our services to you. We DO NOT share your PII with anyone else. We may use PII to deliver information to you and to contact you regarding administrative notices. We may also use PII to resolve disputes, troubleshoot problems, and enforce our agreements with you. We will also use Non-PII to enhance the smooth operation of the TSPpilot.com site, improve our marketing and promotional efforts, statistically analyze the TSPpilot.com site’s use, improve our service offerings, and customize the TSPpilot.com site’s content, layout, and services. We DO NOT share your Non-PII with anyone else.
SUBSCRIPTION CONDITIONS, FULFILLMENT, AND REFUND POLICY
By providing your credit card information to TSP Pilot, you agree that the appropriate subscription charges will be billed to your credit card for the applicable pricing plan you have chosen. As a convenience to subscribers, to assure continuous service, and to control costs for everyone, all TSP Pilot subscriptions are automatically recurring. You need not take any action to continue your subscription. To cancel any recurring subscription just drop an email to the address at the bottom of every Pilot web page at email@example.com. The subscription period billing cycle begins on the service purchase date.
While TSP Pilot contracts out all payment operations to third party vendors such as PayPal, Stripe, and 2Checkout.com, most outsourced vendors will notify subscribers via email approximately seven days in advance of a recurring billing date. Such email notifications are the responsibility of the particular payment vendor and not TSP PILOT. If you were just auto-renewed for another period and want to either extend or cancel that subscription just drop us an email to firstname.lastname@example.org.
Subscriptions should be cancelled before scheduled renewal dates to avoid incurring future recurring credit card charges by sending an email request to email@example.com in advance of the subscription renewal date. Be sure to include your Username and Password in the message when cancelling. PayPal subscribers should cancel via their PayPal accounts directly by logging into their PayPal account and effect the cancellation.
Subscriptions created in the past 30 days are eligible for a refund as part of our 30-day money back guarantee if explicitly requested by the subscriber. Refunds will not be automatically issued upon cancellation. Subscriptions created outside of the 30-day period can be cancelled at any time (per above conditions) but will not be provided refunds.
As soon as an online cancellation request is received, a subscriber’s account will be immediately terminated, and no subsequent charges will be made to the subscriber’s credit card.
If you wish to subscribe for a longer recurrent period you may re-subscribe for the longer chosen term whenever you wish. Just send a short message to firstname.lastname@example.org and ask us to cancel your prior subscription terms after signing up for your new period. TSP Pilot will adjust your account accordingly to assure continuous service.
TSP Pilot has a zero-tolerance policy for fraudulent chargebacks. Anytime a chargeback considered fraudulent is received from our merchant bank or payment processor, TSP Pilot will reserve the right to immediately suspend your account until the chargeback request has been formally resolved between TSP Pilot and the merchant service authority. TSP Pilot reserves the right to cancel any pre-paid subscription at any time for any reason without financial consequence to TSP PILOT. TSP Pilot, further reserves the right to refuse to accept subscriptions from any individual/company. Such refused individuals/companies who continue to attempt to subscribe will be immediately cancelled by TSP Pilot upon discovery and will forfeit any paid subscription fees. Additionally, any future subscriptions will not be honored from any subscriber having previously created a credit card chargeback (subscription payment reversal).
By subscribing or renewing a subscription, the subscriber acknowledges and has agreed to all of the above terms and conditions.
In the unlikely event of a corporate dissolution of TSP PILOT, for voluntary or involuntary reasons, all corporate assets and liabilities will be frozen, all corporate operations will cease and the pre-paid, unused balances of all subscriptions will be forfeited and non-refunded.
ILLEGAL DISTRIBUTION OF ADVISORY INFORMATION
TSP PILOT has a zero-tolerance policy for illegal distribution of copyrighted advisory materials. Only the paid subscriber with a currently active website Username and Password may view and use the information contained within the content of the website’s advisory service and commentaries. Distribution of said materials to others will not be permitted under any circumstance without the express prior written permission of TSP PILOT.
TSP PILOT, conducts a daily audit of subscriber website access by Username and IP address to discover any infraction of this rule. Repeated or frequent website access under a single Username from multiple IP addresses will flag a special usage audit and will result in the immediate cancellation of that subscriber’s subscription without refund. That subscriber will also be refused future paid subscription requests and litigation for damages against the subscriber will then commence.
Subscriber acknowledges that reproduction, distribution and transmission of any information obtained from the Service are strictly prohibited, except with TSP Pilot’s prior written permission. Subscriber agrees not to share password protected content with any other person, including family members, under any circumstances. Discovered instances of sharing of TSP Pilot password protected advisory content will be aggressively prosecuted under the penalties prescribed by Copyright law. Discovered instances of illegal sharing of password protected TSP Pilot content will result in the immediate termination of that user’s subscription with no refund provided. Each Subscriber further agrees not to use or permit anyone to use the information provided through the Service for any unlawful or unauthorized purpose. Subscriber represents and warrants to TSP Pilot that all statements made by Subscriber in using TSP Pilot service are true, accurate and correct and that Subscriber has the authority to make such statements.
Subscriber shall pay TSP Pilot all fees incurred in accordance with TSP Pilot billing terms. TSP Pilot may, in its sole discretion, change the amount of the subscription fee upon renewal without prior notice to Subscriber. Customer agrees to pay all costs incurred by TSP Pilot in collecting overdue fees from the subscriber.
COPYRIGHT AND DUPLICATES POLICY
All of the information on the TSP Pilot website and in TSP Pilot documents or publication materials is the express copyright of TSP Pilot, and may not be reproduced under any circumstances without the express prior written permission of TSP Pilot. Any unauthorized reproduction of the information on this web site, including but not limited to forwarding emails written by TSP Pilot and any sharing of usernames and/or passwords, will constitute a breach of this copyright agreement, which will result in the immediate termination of that user’s subscription with no refund provided. However, a specific non-current advisory, available on the website or via the autoresponder, selected at the option of TSP Pilot, may be forwarded or copied at will. Any direct violation of Copyright law will be prosecuted by TSP Pilot, to the fullest extent of the law. TSP Pilot is a registered trademark.
Since, like most investment advisory services, TSP Pilot does not permit the sharing of advisory materials between subscribers and non-subscribers, many subscribers will choose to create one or more duplicate subscriptions under the same or similar name and/or email address for sharing with family members or fellow agency employees. The recognition and tracking of any such duplicates created, whether intentional or unintentional, is the complete responsibility of each individual subscriber. Unless TSP Pilot is notified in writing of the existence of an unwanted duplicate subscription within the first 30 days of a subscription’s inception, any such duplicate will be assumed to be purposely created and will remain the financial responsibility of the subscriber. This is common policy within the newsletter industry.
TSP Pilot reserves the right to terminate subscriptions or modify these Disclaimer and Disclosure Notices for any reason whatsoever without prior notification and without negative financial consequence to TSP Pilot. This Agreement supersedes all other agreements and understandings regarding this subject matter and is governed by Michigan and United States law without regard to conflict of laws or provisions thereof.