Terms and Conditions

Terms and Conditions of Use
TMS Factory Website Terms and Conditions of Use

Last Updated: January 2009

PLEASE READ CAREFULLY THESE TERMS AND CONDITIONS OF USING THE TMS FACTORY WEBSITE. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE.

These terms and conditions of use ("Site Terms") apply to your use of this website (the "Site"), and do not alter the terms or conditions of any other agreement you may have with TMS Factory which are all to be construed as one and the same entity. By using this Site, you represent and warrant that you are lawfully able to accept these Site Terms.

TMS Factory is committed to protecting your privacy. Please refer to our Privacy Policy for information on how we collect, use and disclose personal information.

Ownership of the Site and its Contents

This Site is owned by TMS Factory. All of the content featured or displayed on this Site, including, but not limited to, texts, graphics, data, photographic images, moving images, sounds, illustrations, software, and the selection and arrangement thereof ("TMS Factory Content"), is owned by TMS Factory. All elements of the Site, including the image content, are protected by copyright, trade practice, moral rights, trademark and other laws relating to the protection of intellectual property.

Use of the Site

This Site and the TMS Factory Content are intended for customers. You may not use this Site or the content for any purpose not related to your business activities with TMS Factory. You are specifically prohibited from: (a) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party if you are not expressly authorized by such party and TMS Factory to do so; (b) downloading, copying, or re-transmitting any or all of the Site; (b) using any data mining, robots or similar data gathering or extraction methods; (d) manipulating or otherwise displaying the Site or any of its content by using framing or similar navigational technology; and (e) using the Site or the content other than for its intended purpose. Such unauthorized use may also violate applicable laws including, without limitation, copyright and trademark laws, the laws of privacy and publicity, and all applicable communications regulations and statutes.

You represent and warrant that you will abide by with all applicable laws and regulations, including, without limitation, those relating to Internet, data, e-mail, privacy, and the transmission of technical data exported from Hong Kong or the country in which you reside.

Links

You may not use any TMS Factory logo or other proprietary graphics of TMS Factory to link to this Site or any other, without the express written permission of TMS Factory. Further, you may not frame any TMS Factory images, trademark, logo or other proprietary information, including content, without TMS Factory’s express written consent.

TMS Factory claims no liability for the content of any linked site or any link contained in a linked site, changes or updates to such sites. TMS Factory may provide links only as a service convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by TMS Factory of any site or any information contained therein. When you leave the Site, you should be aware that TMS Factory's terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

Your exchange of communication or business dealings with any third party found on or through the Site, regarding the payment related to goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that TMS Factory shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.

Registration Data and Account Security

In condition of your use of the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain and update the Registration Data, and any other information you provide to TMS Factory, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify TMS Factory immediately of any unauthorized use of your account or other breach of security; (e) accept full responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide to TMS Factory.

Indemnification

You agree to defend, indemnify and hold harmless TMS Factory and corporate group against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Site, your conduct, your use or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorized use of the TMS Factory Website Content, or your violation of any rights of another.

Disclaimer

THIS SITE AND THE CONTENT ARE PROVIDED "AS IS" AND TMS FACTORY AND ITS DIRECTORS, EMPLOYEES, AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, EXCLUDE WITHOUT LIMITATION, ANY IMPLIED WARRANTIES THAT TMS FACTORY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE TMS FACTORY CONTENT, OR THE UNAVAILABILITY OF THE SAME INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR.

TMS FACTORY MAKES NO WARRANTY THAT THE SITE OR THE CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. TMS FACTORY USES REASONABLE EFFORTS TO ENSURE THE ACCURACY, CORRECTNESS AND RELIABILITY OF THE CONTENT, BUT WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE TMS FACTORY CONTENT'S ACCURACY, CORRECTNESS OR RELIABILITY.

Limitation of Liability

IN NO EVENT SHALL TMS FACTORY, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE TMS FACTORY CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY A USER OF ANY INFORMATION OBTAINED FROM TMS FACTORY, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURES, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO TMS FACTORY’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TMS FACTORY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO TMS FACTORY FOR ACCESS TO OR USE OF THE SITE.

Termination

Notwithstanding any of these Site Terms, TMS Factory reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Site.

Miscellaneous Provision(s)

Waiver of any provision of the Site Terms will be effective only if in writing and signed by TMS Factory. If any clause in these Site Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.

Changes to Site Terms and Condition

TMS Factory reserves the right to change any of the terms and conditions contained in the Site, privacy policy or guideline of the Site at any time in its sole discretion. When we make changes, we will revise the "last updated" date at the top of the Site Terms. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit one of our websites.

Questions and Contact Information

Questions or comments about the Site or Site Terms may be directed by to
TMS Factory, 5/f On Lan Centre,
11-15 On Lan Street, Central Hong Kong.
Email: info@thetmsway.com

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