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Terms & Conditions

TMD SOLUTION TERMS & CONDITIONS

 

Welcome to the VAAIMEX, LLC (referred to "TMD SOLUTION") internet site. These internet sites offer a wide variety of resources, products and services, which include computer hardware, electronic devices, software, advertising and information, some or all of which may be accessed through a variety of means (all of which are collectively called our "Site" or "Sites"). The term "you" or "your" includes any of your subsidiaries, affiliates, employees and parent or legal guardian.

1. PLEASE READ THESE TERMS OF USE CAREFULLY

By accessing or using our Site in any way you are agreeing to comply with these Terms of Use, including any documents, policies and guidelines incorporated by reference (referred to collectively as the "Terms"). Certain services available through our Site, especially products or services for which you are asked to subscribe or pay money, may have their own terms and conditions that apply to your purchase or use of that particular service. The Terms do not alter in any way the terms or conditions of any of these other written or online terms and conditions or agreements you may have or will have with TMD SOLUTION, including any other website terms of use with an TMD SOLUTION affiliate. To the extent that there is any conflict between these Terms and any terms and conditions or agreements relating to services you have purchased or online tools you use or to which you subscribe, those other terms and conditions or agreements will govern.

2. AUTHORITY

By using our Site, you represent that you are at least 18 years old. Accordingly, you agree that you are at least 18 years of age or older or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in the Terms; otherwise, please exit the Site. TMD SOLUTION recommends that you take advantage of any access controls offered through the Site or third-party sites, which are designed to assist you in limiting or blocking access to certain types of web content you may feel are harmful to or inappropriate.

3. CHANGES TO THE TERMS OF SITE

TMD SOLUTION may change or modify the Terms from time-to-time without notice other than posting the amended Terms on the Site. The amended Terms will automatically be effective when posted on our Site. Your continued use of our Site after any changes in these Terms shall constitute your consent to such changes. TMD SOLUTION reserves the right to change, modify or discontinue, temporarily or permanently, the Site or any portion thereof, including any and all content contained on the Site, at any time without notice. You agree that TMD SOLUTION shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any portion thereof.

4. REGISTRATION, PASSWORD AND SECURITY

Whenever you provide us information on our Site, you agree to: (a) provide true, accurate, current and complete information and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is, or we have reasonable grounds to suspect that the information is, untrue, inaccurate, not current or incomplete, TMD SOLUTION may without notice suspend or terminate your access to our Site and refuse any and all current or future use of our Site, or any portion thereof. If any portion of our Site requires you to register or open an account you may also be asked to choose a password and a user name. Please select a password that would not be obvious to someone trying to guess your password, and change it regularly as a precaution step. You are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your password or account identification. You agree to immediately notify TMD SOLUTION of any unauthorized use of your password or account or any other breach of security. Without limiting any rights which TMD SOLUTION may otherwise have, TMD SOLUTION reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Sites and your account, including without limitation terminating your account, changing your password, or requesting additional information to authorize transactions on your account. Notwithstanding the above, TMD SOLUTION may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall TMD SOLUTION be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of TMD SOLUTION under this provision, (ii) any compromise of the confidentiality of your account or password and (iii) any unauthorized access to your account or use of your password. You may not use anyone else's account at any time, without the permission of the account holder. The security of your personal identifying information is important to us. While there is no such thing as "perfect security" on the Internet, we will take reasonable steps to help ensure the safety of your personal identifying information. However, you understand and agree that such steps do not guarantee that use of the Site is invulnerable to all security breaches, and that TMD SOLUTION makes no warranty, guarantee, or representation that use of any of our Site is protected from viruses, security threats or other vulnerabilities.

5. PRIVACY POLICY

Please view TMD Solution Privacy Policy, which explains TMD SOLUTION's practices relating to the collection and use of your information through or in connection with our Site. TMD SOLUTION's use of your information is governed at all times by our Privacy Policy, which is incorporated into these Terms. You understand that through your use of the Site you consent to the collection and use of this information (as set forth in the Privacy Policy).

6. COPYRIGHT AND AUTHORIZATION

The Sites provide you access to a wide variety of information, electronic hardwares, software, advertising and other services, products, data and materials ("Content"). Most of the Content is owned by VAAIMEX, LLC Intellectual Property and/or its affiliates.

7. COPYRIGHT COMPLAINTS

TMD SOLUTION respects the intellectual property rights of others. If you believe that your work has been copied and has been posted, stored or transmitted to the Sites in a way that constitutes copyright infringement, please submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing TMD SOLUTION's Copyright Agent the following written information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

  • A description of the copyrighted work that you claim has been infringed upon;

  • A specific description of where the material that you claim is infringing is located on the Sites;

  • Your full legal name, address, telephone number, and e-mail address;

  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

TMD SOLUTION’s Copyright Agent for notice of claims of copyright infringement on the Sites can be reached as follows:

  • VAAIMEX, LLC– Intellectual Property Copyright 

    • 9999 Bellaire Blvd., Ste. 1111, Houston, TX  77036

    • Phone: 1.832.791.0318 

    • E-mail:  [email protected]

8. TRADEMARKS AND SERVICE MARKS

Trademarks (including but not limited to TMD SOLUTION name and logos) that are used or displayed on the Sites are owned by VAAIMEX, LLC Intellectual Property . The trademarks of VAAIMEX, LLC Intellectual Property may not be copied or used, in whole, partial or modified form, without the prior written permission of VAAIMEX, LLC Intellectual Property. In addition, TMD SOLUTION custom graphics, logos, button icons, scripts, and page headers are covered by trademark, copyright or other proprietary right law, and may not be copied, imitated, or used, in whole, partial or modified form, without the prior written permission of VAAIMEX Intellectual Property. Other trademarks, service marks, registered trademarks, product and service names, and company names or logos that appear on the Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TMD SOLUTION. You may not use any metatags or any other 'hidden text' utilizing a TMD SOLUTION name, trademark, or product name without TMD SOLUTION’s expresses written consent.

9. PRODUCT AND SERVICE INFORMATION

TMD SOLUTION does not warrant that the information, graphic depictions, product and service descriptions or other content of the Sites is accurate, complete, reliable, updated, current, or error-free. Despite our efforts, it is possible that a price for a product or service offered on the Site may be inaccurate or the product or service description may contain an inaccuracy. In the event TMD SOLUTION determines that a product or service contains an inaccurate price or description, TMD SOLUTION reserves the right to take any action it deems reasonable and necessary, in its sole discretion, to rectify the error, including without limitation of cancelling your order, unless prohibited by law. TMD SOLUTION may make improvements or changes to any of its content, information products, services, or programs described on the Sites at any time without notice. You agree to notify TMD SOLUTION immediately if you become aware of any pricing or descriptive errors or inconsistencies with any products or services you order through the Sites and comply with any corrective action taken by TMD SOLUTION.

10. TMD SOLUTION RETURN AND EXCHANGE POLICY

TMD SOLUTION services may be returned within 30 days from the purchase date for a refund of 75% of the purchase prices. Shipping and handling costs are not refundable. Terms of this return policy are subjected to change. All TMD SOLUTION hardware carries a one-year manufacturer's warranty from the purchase date. The one-year manufacturer's warranty only implies to manufacturer defects and does not cover water damage, normal wear and tear, and negligence. This return policy applies only to TMD SOLUTION hardware (if any).  

Equipment to be exchanged requires 5 business days for verification and processing before a replacement product is sent out to you.

Refunds of the TMD SOLUTION hardware will be issued in the same form of payment originally used for equipment or service purchase.

Return or Exchange Requirements:

All TMD SOLUTION hardware must be returned in like-new condition (e.g. no cracks, scratches, liquid damage, or other damages). Return must include original packaging with all original kit components.

Return Instructions:

Please note that the instructions below applies only if you purchased directly from us. If you purchased from an agent, you must contact the agent for equipment return or service cancellation.

  • Contact Customer Care: 1.832.791.0318 for verification process before sending the return hardware to the company.

  • Ship the equipment and all original package contents to the following address:

  • TMD SOLUTION Returns Center
  • 9999 Bellaire Blvd., Ste. 1111 
  • Houston, TX 77036
  • Note: 

  • You are required to pay for return and exchange shipping cost. We recommend that you use a prepaid shipping service (i.e.: no CODs that providing a tracking system-for example: FedEx, UPS, or Certified Mail through the U.S. Postal Service).

  • This address is ONLY intended for product return and exchange. No written correspondence should be sent to this address.

  • VAAIMEX, LLC will reject packages that arrive with "postage due".

  • VAAIMEX, LLC is not responsible for lost or mishandling packages.

Other Conditions

Return products that do not comply with this return policy, including equipment returned more than 30 days from the purchase date will not qualify for a refund and may be shipped back to you at your expense. 

Please allow up to eight (08) weeks to receive your credit card refund. Your fund will be applied to the credit card account that your purchase was initially charged.

11. ONLINE ORDERS AND SUBSCRIPTION

In order to protect TMD SOLUTION and its customers from fraudulent activity, we may implement reasonable procedures regarding any online orders including but not limited to validating information provided or limiting the amount of equipment and/or services that may be ordered online by a single individual or entity. TMD SOLUTION reserves the right in its sole discretion to further limit quantities or to cancel or reject orders.

If accepted, orders made before 4 PM (Central Standard Time) on business days are considered shipped on the following day. Business days are Monday through Friday, except holidays.

12. ACCEPTABLE USE

You agree to use our Site and the Content in a manner consistent with all applicable laws and regulations. Additionally, you will not take any of the following actions with respect to our Site or Content, nor will you use our Site to post, email, distribute, transmit, link, solicit or otherwise make available any Content or use our Site in any manner that:

  • is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, slanderous, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, libelous, invasive of another's privacy, or racially, ethnically or otherwise offensive, hateful or abusive;

  • infringes someone else's patent, trademark, trade secret, copyright or other intellectual property or other rights;

  • removes any proprietary notices or labels on the Content;

  • advocates or solicits violence, criminal conduct or the violation of any local, state, national or international law or the rights of any third party;

  • advocates or solicits violence, criminal conduct or the violation of any local, state, national or international law or the rights of any third party;

  • is deceptive in any way, such as an offer to sell fraudulent goods or contains an impersonation of any person or entity or misrepresents an affiliation with a person or entity;

  • specifically advertises firearms or ammunition, tobacco, alcohol, illegal drugs, or other contraband;

  • constitutes unsolicited or unauthorized advertising, junk or bulk e-mail (SPAM), chain letters, or any other unsolicited commercial or non-commercial communication;

  • interferes with others using the Sites;

  • is off-topic according to the description of the group, forum or webpage;

  • contains software viruses, worms, time bombs, corrupted files, Trojan horses or any other computer code, files, or programs that are designed or intended to disrupt, damage, overburden, impair or limit the functioning of any software, hardware, network, server or communications systems or equipment;

  • contains a charity request, petitions for signatures, chain letters or letters relating to a pyramid scheme;

  • disrupts, interferes or inhibits any other user from enjoying the Sites or other affiliated or linked websites, material, contents, products and/or services.

  • uses any robot, spider, or other such programmatic or automatic device, inducing but not limited to automated dial-in or inquiry devices, to obtain information from the Site or otherwise monitor or copy any portion of the Site, products and/or services;

  • creates a false identity for the purpose of misleading others;

  • prepares, compiles, uses, downloads or otherwise copies any user information and/or usage information for any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such information to any third party;

  • uses any TMD SOLUTION domain name as a pseudonymous return email address;

  • contains any offer for unsolicited goods or services or any advertising or promotional materials, except in those areas specifically designated for such purpose (e.g., classified bulletin board);

  • provides material support or resources (or conceals or disguises the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;

  • attempts to disable, bypass, modify, defeat or otherwise circumvent any of the digital rights management or other security related tools incorporated into the software or any Content or the Sites;

  • reproduces, duplicates, copies, sells, trades, resells or exploits for any commercial purposes, any portion of the Sites or Content, use of the Sites, or access to the Sites;

  • publishes, publicly performs or displays, or distributes to any third party any Content, including reproduction on any computer network or broadcast or publications media;

  • systematically collects and uses any Content including the use of any data mining, or similar data gathering and extraction methods;

  • makes derivative uses of the Sites or the Content;

  • uses, frames, or utilizes framing techniques to enclose any portion of the Sites (including the images found at the Sites or any text or the layout/design of any page or form contained on a page); and/or

  • modifies, translates, decompiles, disassembles, uses reverse engineering or otherwise attempts to derive the source code for the computer systems and other technology that operate our Site. For purposes of these Terms, "reverse engineering" shall include the examination or analysis of the Site to determine the source code, structure, organization, internal design, algorithms or encryption devices of our Site's underlying technology.

13. SITE SECURITY

Violating the security of our Site is prohibited and may result in criminal and civil liability. TMD SOLUTION may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Site or to breach security or authentication measures, unauthorized monitoring of data or traffic, interference with service to any user, host, or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, forging any TCP-IP packet header, e-mail header, or any part of a message header, except for the authorized use of aliases or anonymous remailers, and using manual or electronic means to avoid any use limitations.

14. GEOGRAPHICAL RESTRICTIONS

Unless expressly and specifically stated otherwise on the Site, TMD SOLUTION provides this Site for use only by persons located within the United States. Certain subsidiaries or affiliates of TMD SOLUTION only provide certain regulated products and other services in certain portions of the United States. TMD SOLUTION makes no representation that all products, services and/or material described on the Site are appropriate or available for use in locations outside the United States or all territories within the United States. Those who choose to access our Site from other locations do at on their own initiative and are responsible for compliance with local laws. Certain companies affiliated with TMD SOLUTION provide services and operate websites in various other countries throughout the world, some of which websites may be linked to from our Site. Any such International websites will be governed by their own terms of use and privacy policies and not by these Terms.

15. GENERAL PRACTICE REGARDING USE AND STORAGE 

 You acknowledge that TMD SOLUTION may establish general practices and limits concerning use of the Site, including without limitation the maximum number of days that email messages, other uploaded Content will be retained by the Site, the maximum number of email messages that may be sent from or received by an account on the Site, the maximum size of any email message that may be sent from or received by an account on the Site, the maximum disk space that will be allotted on TMD SOLUTION's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time. Your use of this Site constitutes your consent to allow TMD SOLUTION to store electronic communications on its servers. You agree that TMD SOLUTION has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Site. You acknowledge that TMD SOLUTION reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that TMD SOLUTION reserves the right to modify these general practices and limits as needed.

16. DISCLAIMER OF WARRANTIES 

 YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

A. YOUR USE OF OUR SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN THE SITES, ANY SITE-RELATED SERVICE OR SOFTWARE THAT IS PROVIDED TO YOU, IS AT YOUR SOLE RISK. OUR SITE, INCLUDING ANY CONTENT, SOFTWARE OR INFORMATION CONTAINED WITH THE SITES AND ANY SITE-RELATED SERVICE, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TMD SOLUTION AND ITS CO-BRANDERS, SUPPLIERS, LICENSORS, AND OTHER RELATED PARTIES, AND THEIR RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.


B. TMD SOLUTION AND ITS CO-BRANDERS, SUPPLIERS, LICENSORS, AND OTHER RELATED PARTIES, AND THEIR RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES MAKE NO WARRANTY THAT (i) OUR SITE WILL MEET YOUR REQUIREMENTS, (ii) MATERIALS, SOFTWARE OR CONTENT AVAILABLE FOR DOWNLOAD FROM THE SITE ARE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; (iii) OUR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE (INCLUDING FREE FROM UNAUTHORIZED ACCESS), PROVIDE CONTINUOUS STORAGE OR ACCESS, OR ERROR-FREE, (iv) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE WILL BE ACCURATE, COMPLETE OR RELIABLE, (v) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS, AND (vi) ANY ERRORS IN OUR SITE OR SOFTWARE WILL BE CORRECTED.


C. ANY MATERIAL DOWNLOADED, UPLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SITE OR SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR BUSINESS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR THE USE OF OUR SITE OR OUR SOFTWARE.


D.   NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TMD SOLUTION OR THROUGH OR FROM OUR SITE SHALL CREATE ANY WARRANTY. ADVICE OR INFORMATION RECEIVED BY MEANS OF OUR SITE SHOULD NOT BE RELIED UPON FOR SIGNIFICANT PERSONAL, BUSINESS, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR PARTICULAR SITUATION.

17. ENFORCEMENT 

TMD SOLUTION reserves the right but does not assume the obligation to strictly enforce these Terms, including without limitation by issuing warnings, suspension, or termination of access to the Sites and/or services, and/or by removing, screening, or editing of Content, or by engaging in self-help and active investigation, litigation and prosecution in any court or other appropriate venue. TMD SOLUTION may access, use, and disclose transaction information and any Content provided by you to comply with the law (e.g., a lawful subpoena) or based on TMD SOLUTION's reasonable judgment that disclosure is necessary, or to enforce or apply our agreements (including these Terms), to initiate, render, bill, and collect for services, to protect our rights or property, or to protect users of TMD SOLUTION's services, the Site and other persons or entities from fraudulent, abusive, or unlawful use of the Site or any such services. INDIRECT, ATTEMPTED OR ACTUAL VIOLATIONS OF THESE TERMS OR ANY RELATED POLICY BY YOU OR ANY THIRD- PARTY ON YOUR BEHALF SHALL BE CONSIDERED VIOLATIONS OF THESE TERMS BY YOU.

18. LIMITATION OF LIABILITY

IN NO EVENT SHALL TMD SOLUTION, ITS EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, LICENSORS, AND AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE 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 (i) THE USE OR INABILITY TO USE THE SITES OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION OR TRANSACTIONS PROVIDED ON OR THROUGH THE SITES, OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITES OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH THE SITES, (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SITE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE; (vi) THE DELAY OR FAILURE IN PERFORMANCE RESULTING FROM AN ACT OF FORCE MAJEURE, INCLUDING WITHOUT LIMITATION, ACTS OF GOD, NATURAL DISASTERS, COMMUNICATIONS FAILURE, GOVERNMENTAL ACTIONS, WARS, STRIKES, LABOR DISPUTES, RIOTS, SHORTAGES OF LABOR OR MATERIALS, VANDALISM, TERRORISM, NON-PERFORMANCE OF THIRD PARTIES OR ANY REASONS BEYOND THEIR REASONABLE CONTROL; OR (vii) ANY OTHER MATTER RELATING TO OUR SITE, EVEN IF TMD SOLUTION OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY, IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF TMD SOLUTION UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE THOUSAND DOLLARS ($1,000).

19. INDEMNIFICATION

You agree to indemnify, defend and hold harmless TMD SOLUTION and its underlying content and service providers, licensors and suppliers, and each of their respective subsidiaries, affiliates, officers, agents, and employees, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, made by any third-party due to or arising out of Submitted Material or any other content you submit, post or upload to or transmit through our Site, your use of our Site, your connection to our Site, your violation of these Terms, or your violation of any law or the rights of another. These obligations will survive any termination of your relationship with TMD SOLUTION or your use of our Site. TMD SOLUTION reserves the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with TMD SOLUTION in asserting any available defenses.

20. TERMINATION/SUSPENSION

You agree that TMD SOLUTION may immediately terminate or suspend your account, any associated email address, and access to all or any part of the Sites or change your password without notice. Cause for such termination, suspension or change shall include, but not be limited to, (a) breaches or violations of these Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Sites (or any part thereof,) (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) engagement by you in fraudulent or illegal activities. Termination of your account includes (or, if TMD SOLUTION elects instead to suspend your account, may include any one or more of the following) (a) removal of access to all offerings within the Sites, (b) deletion of your password and all related information, files and other content associated with or inside your account (or any part thereof) and (c) barring of further use of the Sites. You agree that all terminations and suspensions for cause shall be made in TMD SOLUTION's sole discretion and that TMD SOLUTION shall not be liable to you or any third party for any termination or suspension of your account, loss of storage, any associated email address, or access to the Sites. Further, TMD SOLUTION reserves the right, to immediately terminate or suspend your account, any associated email address, and access to the Sites at any time for any reason and without notice to you in its sole discretion.

21. MISCELLANEOUS 

TMD SOLUTION's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms shall be governed and construed in accordance with the laws of the State of Texas applicable to agreements made and to be performed in Texas. You agree that any legal action or proceeding between TMD SOLUTION and you for any purpose concerning these Terms or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Texas. Neither the course of conduct and/or course of dealing between the parties nor trade practice shall act to modify any provision of this Agreement. TMD SOLUTION may assign its rights and duties under this Agreement to any party at any time without notice to you. Your rights and duties under these Terms are not assignable by you without written consent of TMD SOLUTION. These Terms do not provide any third party with a remedy, claim, or right of reimbursement. You must file any claim or suit related to our Site within 1 year after it arises.

 

TMD Solution

9999 Bellaire Blvd., Suite 1111

Houston, Texas 77036