Acceptance of Terms
Modification of Terms
Use of the Website
As a condition of your use of the website, you agree to provide TMS with true, accurate, current and complete information as prompted by the TMS registration forms, when registering for membership.
Links to External Websites
TMS does not make any representations or warranties as to the security of any information (including, without limitation, payment and other personal information) you might be requested to give to any third party or Vendor. You use these websites at your own risk.
TMS is not responsible for the accessibility or unavailability of any Vendor or for your interactions and dealings with them.
TMS shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any correspondence or business dealings with or as the result of TMS’s publication of information about Vendors or third parties linked from our website.
Linking to this Website
TMS consents only to links to this website in which the link and the pages that are activated by the link do not: (a) create frames around any page on this website or use other techniques that alter in any way the visual presentation or appearance of any content within this website; (b) misrepresent the existence or nature of a relationship with TMS; (c) imply that TMS approves or endorses the linking entity, its website, or its product or service offerings; and (d) present false or misleading impressions about TMS or otherwise damage the goodwill associated with the TMS name or trademarks. TMS may, at any time, in its sole discretion, terminate permission to link to this website and require that the linking entity immediately remove all links to this website and cease any use of TMS trademarks.
Termination of Access
TMS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the website (or any part thereof) with or without notice or consent. TMS shall have no responsibility or liability for deleting or failing to store any content submitted to or published on this website.
Furthermore, TMS may terminate your privilege to use or access the website immediately and without notice for any reason or no reason whatsoever. Upon such termination, you must immediately cease accessing or using the website and agree not access or make use of, or attempt to use, the website. You acknowledge that TMS reserves the right to take action – technical, legal or otherwise – to block, nullify or deny your ability to access the website. You understand that TMS may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to TMS.
All content included in or made available through this website, such as text, graphics, logos, images, digital downloads, data compilations, and software is the property of TMS and protected by United States and international copyright laws.
TMS complies with Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794 (d)). TMS provides individuals with disabilities access to information that is comparable to that which is available to other individuals. If you use special adaptive equipment to access the web and encounter problems when using our site, please email us at firstname.lastname@example.org, and we will attempt to provide the information to you in a suitable format. It would be helpful if you can be as specific as possible when describing the information you seek.
Delays and Accessibility
The website may be subject to limitations, delays, failure, and other problems inherent in the use of the Internet and electronic communications. TMS is not responsible for any delays, failures or other damage resulting from such problems.
The following applications, made available by third parties, may assist you in accessing documents available on the TMS website:
Adobe Reader (link is external)
TMS does not employ or permit pop-up advertisements on this website. Additionally, TMS does not endorse or recommend products or services for which you may view a pop-up advertisement on your computer screen while visiting our website. When visiting our website, if your web browser produces pop-up advertisements, these advertisements were most likely produced by other websites you visited or by third party software installed on your computer.
For website security purposes and to ensure that this site remains available to all users, we employ software programs to monitor traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage. In the event of authorized law enforcement investigations, and pursuant to any required legal process, information from these sources may be used to help identify an individual.
When you use our website, or send e-mails or other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails or notices and messages on this site. 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.
Disclaimer of Warranties and Limitation of Liability
YOUR ACCESS TO THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED “AS-IS.” WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR WEBSITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TMS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEB SITE OR ANY USE OF THIS WEB SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEB SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS, OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF TMS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.
Governing Law and Choice of Forum