Terms of Use — Total Management Systems, Inc.

Thank you for visiting our website at www.tmsnm.com (the “Site”) and for your interest in Total Management Systems, Inc. (sometimes referred to herein as “TMS,” “we,” “our,” “us,” or the “Company”). By accessing and using this Site, you agree to each of the terms and conditions set forth below. If you do not agree without modification, please discontinue use of this Site.

1. Ownership of Content
The content and information displayed on this Site (“TMS Information”) is the property of TMS and/or other parties. Downloading, reproducing, or transmitting TMS Information is strictly prohibited except for personal, non-commercial use.

2. Intellectual Property Rights
This Site may contain or reference trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes, or other proprietary rights of TMS and/or other parties. No license is granted to you to use any of these intellectual property rights without prior written consent from TMS.

3. Site Use Restrictions
You agree not to use any device, software, or other instrumentality to interfere with the proper functioning of this Site, including causing any unreasonable burden on our infrastructure. You also agree not to use any robot, spider, or other automated device or manual process to monitor or copy content from the Site without our prior written consent.

4. No Warranties and Limitation of Liability
ALL TMS INFORMATION AND ANY OTHER INFORMATION ON THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. TMS MAKES NO WARRANTY OR REPRESENTATION REGARDING THE QUALITY, EFFECTIVENESS, OR SUITABILITY OF ANY SERVICES. YOUR USE OF THIS SITE AND ANY DOWNLOADED CONTENT IS AT YOUR OWN RISK. TMS SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS SITE. IN JURISDICTIONS WHERE SUCH LIMITATIONS ARE NOT PERMITTED, LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

5. Communications
With respect to any communications you submit to TMS regarding TMS Information—including feedback, questions, comments, or suggestions—(a) you acknowledge no right of confidentiality in your communications and that TMS has no obligation to protect them from disclosure; (b) TMS may reproduce, use, disclose, and distribute your communications without limitation; and (c) TMS may use any ideas, concepts, or techniques contained in your communications for any purpose, including but not limited to developing, producing, and marketing products and services.

6. Modifications
TMS reserves the right to modify, update, or correct information on this Site at any time without notice.

7. Legal Compliance
TMS is a U.S.-based company and complies with applicable U.S. laws, including those of the State of New Mexico. This Site is intended for users located within the United States. If you access the Site from outside the U.S., you do so at your own risk and are responsible for compliance with local laws.

8. External Links
This Site may contain links to external websites not controlled by TMS. We are not responsible for the content or practices of these third-party sites and recommend that you review their privacy policies and terms of use.

9. Privacy Policy
For information on how TMS collects, uses, and protects your personal data, please review our Privacy Policy. By using this Site, you consent to the practices described therein.

10. Dispute Resolution
Any disputes arising from or related to this Site shall be governed by and construed in accordance with the laws of the State of New Mexico.

11. Updates to Terms
TMS reserves the right to update these Terms of Use at any time. Your continued use of this Site signifies your acceptance of the then-current Terms of Use.

12. Contact Us
If you have any questions about these Terms of Use, please contact us at info@tmsnm.com.

Last updated: June 2, 2025