Acceptance of Terms

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When you access TJSinvest or any of our services or websites (collectively, “TJSinvest”) you are agreeing to be bound by the following Terms and Conditions, as well as TJSinvest’s Privacy Policy linked here, all of which may be updated from time to time without notice to you. Please review them carefully.

 

The section below titled “Class Action Waiver” contains a binding class action waiver, which affects your legal rights. Please read it carefully.

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TJSinvest utilizes technology provided by an unaffiliated firm, Betterment LLC, and brokerage/custodial services from their affiliated broker-dealer, Betterment Securities, in order to best manage accounts for the TJSinvest Investment Management service. If you choose to engage in this service than you must also agree to the Betterment Privacy Policy and Terms & Conditions located at https://www.betterment.com/legal

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The provision of advisory services to clients of TJSinvest is governed by their individual client agreement

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Use of TJSinvest’s Services

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TJSinvest is intended solely for individuals who are age 18 or older. Any access to or use of our services by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms of Use. By accessing or using our services, you represent and warrant that you are 18 or older.

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TJSinvest is only intended for use by persons located in the United States and more specifically, in the state of New York. TJSinvest makes no representation that its services are appropriate or available for use outside the United States or New York State. Similarly, TJSinvest makes no representations that accessing our services from locations outside the United States is legal or permissible under local law.

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Publicly Available Information is for Educational Use Only

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The publicly available portions of TJSinvest (i.e., the sections of the website that are available to individuals who are not party to a Client Agreement) are provided for educational purposes only and are not intended to provide legal, tax, or financial planning advice. In using the publicly available portions of the website, you agree that you are responsible for your own investment research and decisions, that you will not rely on the publicly available portions of TJSinvest as the primary basis for your investment decisions, and, except as otherwise provided herein, TJSinvest will not be liable for any actions you take based on information you receive via the publicly available portions of our website.

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Access to TJSinvest’s Services

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TJSinvest reserves the right, in its sole discretion, to deny you access to its services, or any portion of TJSinvest, without notice and without reason. For the avoidance of doubt, your access to and use of the publicly available portions of TJSinvest shall be governed by these Terms of Use, and the provision of any investment advisory and brokerage services shall be governed by the Client Agreements with respect to such services. Notwithstanding the foregoing or anything else in these Terms of Use to the contrary, in the event of any conflict between the Terms of Use and a Client Agreement, the Client Agreement shall prevail.

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Investment Tools and Predictions

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TJSinvest makes no representation regarding the likelihood or probability that any actual or hypothetical investment will in fact achieve a particular outcome or perform in any predictable manner. Past performance is not a guarantee of future success and returns in any period may be far above or below those of a previous period. No representation is being made that any investment will or is likely to achieve profits or losses like those achieved in the past, or that significant losses will be avoided. Investing involves risk and investments with TJSinvest may lose value.

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The return, composite, and performance information shown on TJSinvest my use or include information compiled from third-party sources, including independent market quotations and index information. TJSinvest believes the third-party information comes from reliable sources but does not guarantee its accuracy.

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External Links

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TJSinvest may link to certain content created by third parties that are not affiliated with TJSinvest. TJSinvest is not responsible for such content and does not endorse or approve it. Such content may contain terms and conditions, privacy provisions, confidentiality provisions, or other provisions that differ from the terms and conditions applicable to TJSinvest. TJSinvest assumes no responsibility or liability whatsoever for the accuracy, reliability, or opinions contained in such content. If you decide to access such content, you do so at your own risk.

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Conditions of Use

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You agree that you will comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements. You further agree that you will use TJSinvest solely for your personal, non-commercial use and will not attempt to interfere with the functionality of TJSinvest in any way.

TJSinvest may archive your communications with TJSinvest for regulatory and other purposes.

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Limited Liability

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Neither TJSinvest nor any of its management or agents shall be liable in any way for any damages whatsoever, including, without limitation, indirect, special, punitive, consequential, or incidental damages (including, without limitation, lost profits, cost of procuring a substitute service, or lost opportunity) arising out of or in connection with TJSinvest or the use of its services or a linked website (including but not limited to the delay or inability to use TJSinvest or a linked website). This limitation shall apply regardless of whether the damages are foreseeable or whether TJSinvest has been advised of the possibility of damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. In no event shall TJSinvest’s cumulative liability to you exceed USD $100.

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No Warranties

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All products, services, and content on the website are provided “as is” without warranty of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, security, or accuracy. TJSinvest specifically disclaims any duty to update the information on TJSinvest and it is your responsibility to evaluate the accuracy, reliability, timeliness, and completeness of any information available from TJSinvest.

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Indemnification and Hold Harmless

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You agree to indemnify, defend, and hold TJSinvest harmless from any liability, loss, claim and expense, including attorney’s fees, related to your violation of these Terms of Use or use of its services. Nothing in these terms of use shall affect any non-waivable statutory rights that apply to you. TJSinvest reserves the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting TJSinvest’s defense of such matter.

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Choice of Law

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All website activity or use and these Terms of Use are governed by the laws of the United States of America and the applicable laws of the State of New York, without regard to conflict of law principles. You agree that the federal court of the Northern District of New York, if it has subject matter jurisdiction, will have exclusive jurisdiction to hear and determine any claims or disputes between you and TJSinvest, pertaining directly or indirectly to these Terms of Use, or to any matter arising from these Terms of Use, or any other document executed and delivered in connection with these Terms of Use, the use of TJSinvest or the services offered by TJSinvest. If the federal court lacks subject matter jurisdiction, any state court located nearest to Fort Edward, New York will have exclusive jurisdiction to hear and determine such claims or disputes. To the fullest extent permitted by applicable state and federal law, you and TJSinvest each agree to waive the constitutional right to a trial before a jury.

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Class Action Waiver

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You agree that any arbitration or proceeding shall be limited to the dispute between TJSinvest and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. You agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

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Waiver 

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Any waiver of any provision contained in these Terms of Use shall not be deemed to be a waiver of any other right, term, or provision of these Terms of Use. If any provision in these Terms of Use is determined to be wholly or partially invalid, illegal or unenforceable, such provision shall be enforced to the extent it is legal and valid and the validity, legality of the remaining provisions shall in no way be affected or impaired thereby.

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Assignment

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You may not assign these Terms of Use (by operation of law or otherwise) without the prior written consent of TJSinvest, and any prohibited assignment will be null and void. TJSinvest may assign these Terms of Use or any rights stated within without your consent.

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Terms Subject to Change

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We reserve the right to change these Terms of Use by posting a revised agreement. If you don't agree with these changes, you must stop using TJSinvest. The information on TJSinvest is subject to change without notice.

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Revision: January 18th, 2019