Terms & Conditions
PLEASE READ THIS TOU CAREFULLY BEFORE USING THE SITE. EACH TIME YOU USE THE SITE, YOUR USE INDICATES YOUR FULL ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THIS TOU IN ITS THEN CURRENT FORM. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED IN THIS USER AGREEMENT, DO NOT USE THE SITE.
In consideration of the mutual promises in this Agreement, and intending to be legally bound, TFG and You hereby agree as follows:
The terms, conditions and guidelines associated with the use of the Services, are set forth in this TOU. By using/reading this site, you are agreeing to be bound and are hereby bound by these TOU. Please note that TFG may change this TOU at any time without notice and such changes will be effective on the date that such modified TOU is posted on the Site at www.tfgllc.com. Use of the Services after such changes have taken effect constitutes acceptance of all changes.
INFORMATIONAL PURPOSES ONLY; NO INVESTMENT ADVICE PROVIDED
You acknowledge and agree that although the Site and the Services may include investment-related information, no recommendations are being made by TFG regarding your decisions to buy, sell, or hold any security or any other investment, or that you pursue any investment style or strategy. Nothing on the Site or provided in the Services constitutes, and you should not consider anything on the Site or provided via the Services to be, investment, accounting, tax or legal advice. For any such advice, please contact your own financial advisors, accountants or attorneys regarding your individual circumstances and needs. THE PAST PERFORMANCE OF ANY INVESTMENT, INVESTMENT STRATEGY OR INVESTMENT STYLE DESCRIBED ON THE SITE OR IN THE SERVICES IS NOT INDICATIVE OF FUTURE PERFORMANCE.
LINKS TO OTHER WEB SITES
This Site or the Services offered herein may contain links to other sites as a convenience to persons who visit. Please be aware that TFG is not responsible for the contents of, or any links contained in, a linked site.
OWNERSHIP OF MATERIALS
The information and trademarks on the Site are the property of TFG (or any other entity noted herein) and are protected under United States and worldwide intellectual laws and treaty provisions. TFG grants you permission to use such materials for your personal use only, so long as : (i) such use is solely for informational, non-commercial purposes and does not modify or revise the materials in any manner; (ii) any copies of such information plainly display all copyright and proprietary notices, in the same form and manner as on the original. To seek permission for any other use, please contact Kathy Marsico, Compliance Manager at (201)-262-1040.
As a user of the Services, you agree to use the Services only for lawful purposes. Use of the Services for transmission, distribution, retrieval, or storage of any information, data, or other material in violation of any applicable law or regulation is prohibited. You also agree not to:
- use or transmit any material protected by copyright, trademark, trade secret, patent, or other intellectual property right without proper authorization and the transmission of any material;
- threaten, harass, defame, embarrass, or distress any other person or group;
- distribute computer viruses, worms, or any software intended to damage or alter a computer system without the owner’s consent;
- use any mechanisms that generate excessive network traffic;
- transmit via the Service any unlawful, harmful, defamatory, pornographic, obscene, vulgar or otherwise objectionable material;
- post or send any bulk unsolicited advertising;
- post or send any fraudulent or misleading offers of products, items, or services;
- relay unsolicited advertising using TFG servers;
- either directly or through any person or entity, in any form or manner, copy, distribute, reproduce, incorporate, or allow unauthorized access to the Site, its content, or the Services; or
- modify, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Services.
SYSTEM AND NETWORK SECURITY
Violations of system or network security of the Service are prohibited, and may subject you to criminal and/or civil liability. TFG will investigate potential security violations, and may notify applicable law enforcement agencies if violations are suspected. You may not attempt to circumvent the authentication procedures or security of any host, network, network component, or account to access data, accounts, or systems that you are not expressly permitted to access. You may not interfere or attempt to interfere with service to any other user, host, system, or network on the Internet unless expressly permitted to do so.
VIOLATION OF TOU
In the event of any actual or potential violation of this TOU, TFG reserves the right to suspend or terminate, either temporarily or permanently, any or all Services, to block any prohibited activity, or to take any other actions as deemed appropriate by TFG in its sole discretion. Users who violate this TOU may additionally incur criminal and/or civil liability. TFG may refer violators to civil or criminal authorities for prosecution, and will cooperate fully with applicable government authorities in connection its investigations of any suspected civil or criminal violations.
YOU AGREE TO INDEMNIFY AND HOLD TFG, AND ITS SUBSIDIARIES, AFFILIATES, TELECOMMUNICATIONS PROVIDERS, SERVICE PROVIDERS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (A) YOUR VIOLATION OF THE TOU, (B) YOUR VIOLATION OF ANY THIRD PARTY RIGHTS; OR (C) ANY BREACH OR ALLEGED BREACH OF ANY REPRESENTATION BY YOU UNDER THIS AGREEMENT.
LIMITATION OF LIABILITY
IN NO EVENT WILL TFG, ITS SUPPLIERS, ITS SERVICE PROVIDERS, OR OTHER THIRD PARTIES AFFILIATED WITH TFG BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICE, ANY WEB SITES LINKED TO THE SERVICE, THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, OR THE CONTENT ANYWHERE ON THE INTERNET, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.THE MAXIMUM LIABILITY OF TFG TO YOU SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO TFG.
DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED BY TFG ON AN “AS IS” BASIS. NEITHER TFG NOR ITS PARTNERS, PROVIDERS, OR AFFILIATES MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE, ITS CONTENTS, OR ANY INFORMATION MADE AVAILABLE BY OR THROUGH THE SERVICE. TFG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHERMORE, TFG DOES NOT WARRANT THAT USE OF THE SERVICE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TFG reserves the right to restrict access to the Service to any user, and may at any time in its sole discretion with or without notice and with or without cause immediately deny access to the Service.
The laws of the State of New Jersey shall govern this Agreement without regard to its conflicts of laws principles. If any provision(s) of the TOU is found to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. TFG’ failure to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision unless acknowledged and agreed to by TFG in writing. You and TFG agree that any cause of action arising out of or related to this TOU or the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in this TOU are solely used for the convenience of the parties and have no legal or contractual significance. These terms and conditions constitute the entire agreement between you and TFG with respect to the subject matter herein and supersede any and all prior or contemporaneous oral or written agreements. You may not assign this agreement to any other party.
Traphagen Investment Advisors, LLC has always been committed to maintaining the confidentiality, integrity, and security of personal information entrusted to us by current and prospective customers.
How and why we obtain personal information:
Traphagen Investment Advisors, LLC uses the personal information we collect from you to set up your accounts with Fidelity Investments or Charles Schwab, to process transactions in your account, respond to inquiries from you, and to fulfill legal and regulatory requirements. We may collect non-public personal information about you from the following sources:
Applications or forms (for example, name, address, Social Security number, date of birth, assets and income)
From transactional activity in your account (for example, checks written, balances, etc.)
From other sources with your consent (for example, from other institutions when transferring accounts and obtaining cost basis information.)
How we protect your information:
Traphagen Investment Advisors, LLC has always considered the protection of sensitive information to be a sound business practice and a foundation of client trust. We restrict access to information to those who require that access to provide information to you. We may share the information we collect with the following entities:
Fidelity Investments or Charles Schwab, as the custodian of your accounts.
Traphagen & Traphagen CPAs (for example, information needed to complete tax returns or in providing financial planning services.)
Government agencies and law enforcement officials (for example, tax reporting or under court order)
Other organizations with your consent (For example, if you use Traphagen Investment Advisors, LLC as a financial reference in applying for credit with another institution.)
Other organizations a permitted by the laws that protect your privacy.
Traphagen Investment Advisors, LLC recommends to clients that for online account access, they should utilize Fidelity Investments website at www.fidelity.com. Fidelity has set up their own safeguards as described in their pamphlet which can be mailed to you upon request. Traphagen Investment Advisors, LLC does not have access to the User Ids and the original PIN #s, which must be set up by the client directly with Fidelity.
For the Charles Schwab website, see www. schwaballiance.com.