Terms & Use
Terms & Use
PLEASE NOTE: THESE TERMS OF USE CONTAIN A BINDING AND FINAL ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 16.2). PLEASE READ CAREFULLY, INCLUDING YOUR RIGHT, IF APPLICABLE, TO OPT OUT OF ARBITRATION. BY AGREEING TO THESE TERMS OF USE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU UNDERSTAND THE AGREEMENT (INCLUDING THE DISPUTE RESOLUTION AND ARBITRATION PROVISIONS IN SECTION 16.2) AND ACCEPT ALL OF ITS TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF SERVICE, YOU MAY NOT USE OR ACCESS THE SERVICES.
Please read these terms and conditions carefully.
1. Your acceptance of these Terms of Use
1.These Terms of Use, together with our Policies, constitute a binding agreement (the “Agreement” or “Terms of Use”) between TMS and all Users who use or access the TMS website, any TMS mobile and desktop app, and any related players, widgets, tools, applications, data, software, APIs, and platforms (collectively, the “Services”), regardless of whether you have registered a TMS account (“Account”). We use some capitalized terms within these Terms of Use, these capitalized terms have specific meanings, please review Section 18 below to understand how these capitalized terms are defined.
2. Your acceptance of these Terms of Use
2.1 Certain features and portions of the Services are only available or accessible to Users who have registered for an Account.
2.2 When you register an Account, you will provide us with your email address, and will choose a username and password for your Account. You must ensure that the email address that you provide is, and remains, valid. Your email address and any other information you choose to provide about yourself will be treated in accordance with our Privacy Policy. Please read our Privacy Policy to understand how you can control visibility of the information you provide when you register for an Account.
Interpretation
In these Terms of Use: (i) whenever the words “include”, “includes” or “including” are used in these Terms of Use, they will be deemed to be followed by the words “without limitation”; (ii) words importing the singular only shall also include the plural and vice versa where the context requires and references to persons include bodies incorporate or unincorporated, including partnerships and their successors and assigns; (iii) unless expressly indicated otherwise, all references to a number of days mean calendar days, and the words “month” or “monthly” as well as all references to a number of months means calendar months; (iv) section and paragraph headings are inserted for convenience only and shall not affect the interpretation of these Terms of Use; and (v) references to a statute, law, by-law, regulation, rule, directive, delegated legislation or order also refers to the same as amended, modified or replaced from time and to any by-law, regulation, rule, directive, delegated legislation or order made thereunder.