Use of Website
We reserve the right to modify or discontinue, temporarily or permanently, any or all of the Website and/or any or all features, products, prices of products, services or information appearing on or available through any or all of the Website with or without notice to you. You agree that we shall not be liable to you or any third-party for any modification or discontinuance of such features, products, prices, services, or information on the Website or the Website itself.
Individual Binding Arbitration
Submission of Information or Materials
Our Website may provide links to other websites or resources. These links are for your convenience only and are not under our control. You acknowledge and agree that TMS is not responsible for the availability of such external sites or resources, and does not endorse any such site, its use or contents and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that TMS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on such external sites or resources. In the event you decide to access or use any of these other websites or resources, you agree you do so at your own risk.
Our Proprietary Rights
The Website is owned and operated by TMS . The contents of the Website are TMS’s. All Rights Reserved. You acknowledge and agree that all content, including but not limited to text, software, music, sound, photographs, graphics, video, or other material contained in advertisements or information presented to you on our Website is protected by our or other third parties’ copyrights, trademarks, service marks, patents, or other proprietary rights and laws. TMS authorizes you to view and download materials at the Website only for your personal, non-commercial use, provided you retain all copyright and proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials on the Website in any way or reproduce or publicly display, perform, distribute, transmit, create derivative works of, or otherwise use them for any public or commercial purpose. Any use of these materials on any other website (including without limitation, displaying this Website or any material displayed on or that can be downloaded from this Website in frames on another website without TMS’s express written permission) is prohibited.
Sale of Products
You may be provided with the opportunity to purchase products through the Website and/or from third party websites linked to the Website. Products purchased through the websites of others are subject to the terms and conditions of such other parties and their websites, and TMS shall have no liability or responsibility.
Domestic Use; Export Restriction
We control the Website from our offices within the United States of America. We make no representation that the Website or its content (including, without limitation, any products or services available on or through the Website) are appropriate or available for use in other locations. Users who access the Website from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from the Website may be downloaded in violation of United States law.
Applicable Law; Jurisdiction
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF OUR WEBSITE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. TMS AND ITS PARENTS, AFFILIATES (AND THEIR FRANCHISEES AND LICENSEES) AND SUBSIDIARIES (COLLECTIVELY, ‘AFFILIATES’) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TMS AND ITS AFFILIATES MAKE NO WARRANTY, EXPRESS OR IMPLIED, THAT THE WEBSITE OR ANY SERVICES, PRODUCTS, OR INFORMATION OBTAINED ON OR THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES TMS OR ITS AFFILIATES MAKE ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR ANY SERVICES, PRODUCTS OR INFORMATION OBTAINED ON OR THROUGH THE WEBSITE OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY THEREOF. TMS MAKES NO COMMITMENT TO UPDATE OR CORRECT ANY INFORMATION THAT APPEARS ON THE WEBSITE OR ANY WEBSITE LINKED HEREUNDER. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE OR NONUSE OF SUCH INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION AND ANY BODILY INJURY. TMS AND ITS AFFILIATES MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE WEBSITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TMS OR THROUGH OR FROM ANY SERVICE OR PRODUCT ON THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
YOU AGREE THAT TMS AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE WEBSITE OR ANY SERVICES, PRODUCTS OR INFORMATION OBTAINED ON OR THROUGH THE WEBSITE, EVEN IF TMS OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FROM: PERSONAL INJURY; DOWNLOADING ANY MATERIAL CONTAINED ON OR ACCESSED THROUGH THE WEBSITE; LINKING TO ANY THIRD PARTY WEBSITE FROM THE WEBSITE; ANY UNAUTHORIZED ACCESS TO ANY INFORMATION ON THE WEBSITE AND/OR SUBMITTED BY YOU TO OR THROUGH THE WEBSITE; COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; AND/OR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE LOSSES. YOU FURTHER AGREE THAT TMS AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.