Privacy Policy & Terms and Conditions

Privacy Policy and Terms and Conditions of TMS Solutions, Inc.

PRIVACY POLICY
We highly value your privacy. Please read this Privacy Policy carefully before using www.tmssolutions.com (hereafter known as “the Website”, “this Website”, or “our Website”) operated by TMS Solutions, Inc., a Delaware corporation, as this Privacy Policy contains important information regarding your privacy and how we may use the information we collect about you.

Your access to and use of the Website is conditional upon your acceptance of and compliance with this Privacy Policy. This Privacy Policy applies to everyone, including, but not limited to visitors, users, and others, who wish to access or use the Website. The Personal Information that we collect is used for providing and improving services. We will not use or share your information with anyone except as described in this Privacy Policy.

The terms used in this Privacy Policy have the same meaning as in our Terms and Conditions, which can be found below, unless otherwise defined in this Privacy Policy.

Information Collection and Use
For a better experience while using our Website, we may require you to provide us with certain personally identifiable information and characteristics, including but not limited to your name, phone number, email address, and age. The information that we collect will be used to contact or identify you.

Log Data
We want to inform you that whenever you visit our Website, we collect information that your browser sends to us that is called Log Data. This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser version, pages of our Website that you visit, the time and date of your visit, the time spent on those pages, and other statistics.

Cookies
A cookie is a small piece of data sent from a website and stored on your device by your browser. This Website collects cookies and may use cookies for reasons including, but not limited to:

  • Analyzing our Website traffic;
  • Analyzing your interactions with advertisements;
  • Identifying if you are signed in to the Website;
  • Testing content on the Website;
  • Storing information about your preferences;
  • Recognizing when you return to the Website.

Most web browsers automatically accept cookies. However, you can modify your browser settings to decline cookies if you prefer. This setting may prevent you from taking full advantage of the Website.

Service Providers
We may employ third-party companies and individuals for the following reasons:

  • To facilitate our Website;
  • To provide website updates on our behalf;
  • To perform website-related services; or
  • To assist us in analyzing how our Website is used.

We want to inform our Website users that these third parties have access to your Personal Information. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose.

Security
We value your trust in providing us with your Personal Information, thus we are striving to use commercially acceptable means of protecting it. Please remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.

Links to Other Sites
Our Website may contain links to other sites. If you click on a third-party link, you will be directed to that site. Note that these external sites are not operated by us and we provide such links for your reference only. Therefore, we strongly advise you to review the Privacy Policy of these websites. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Children’s Privacy
Our Website is intended for use by a general audience and does not offer services to anyone under the age of 13. We do not knowingly collect personal identifiable information from children under 13. In the case that we discover that a child under 13 has provided us with personal information, we immediately delete it from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to take the necessary actions.

Changes to This Privacy Policy
We may update our Privacy Policy from time to time. Thus, we advise you to review this page periodically for any changes. We will notify you of any changes by posting the new Privacy Policy on this page. These changes are effective immediately, after they are posted on this page.

Contact Us
If you have any questions or suggestions about our Privacy Policy, do not hesitate to contact us at https://tmssolutions.com/contact-us.

TERMS AND CONDITIONS
These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the www.tmssolutions.com website (“Website” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and TMS Solutions, Inc. (“TMS Solutions, Inc.”, “we”, “us” or “our”). If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and TMS Solutions, Inc., even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

Prohibited Uses
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.

Intellectual Property Rights
“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by TMS Solutions, Inc. or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with TMS Solutions, Inc. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of TMS Solutions, Inc. or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of TMS Solutions, Inc. or third-party trademarks.

Limitation of Liability
To the fullest extent permitted by applicable law, in no event will TMS Solutions, Inc., its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of TMS Solutions, Inc. and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount no greater than one dollar or any amounts actually paid in cash by you to TMS Solutions, Inc. for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or failures of its essential purpose.

Indemnification
You agree to indemnify and hold TMS Solutions, Inc. and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.

Severability
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid, or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Dispute Resolution
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Delaware, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Delaware, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Changes and Amendments
We reserve the right to modify this Agreement or its terms related to the Website and Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.

An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.

Acceptance of These Terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services. This terms and conditions policy was created with the help of WebsitePolicies.

Contact Us
If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us https://tmssolutions.com/contact-us.