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Terms and conditions

1. Your use of the TM Claims Service, Inc. (“TMCS”) Wireless Text Message Services (the "Services") is governed by the terms and conditions below (“Terms and Conditions”). Use of the Services means that you have agreed to accept these Terms and Conditions, which are effective on the date you agree to participate, and TMCS’s Privacy Policy, which is available here: https://www.tmclaims.com/Modules/PrivacyPolicy.aspx. When you opt-in to the Services, you can expect to receive different insurance notifications, such as, how to access Services with TMCS and other important update reminders. Message frequency varies.
2. These Terms and Conditions may be subject to change. TMCS reserves the right to update or amend these Terms and Conditions at any time. You agree to review these Terms and Conditions, periodically to be aware of such revisions. Your use of the Services after we post such changes, constitutes Your acceptance of such changes.
3. TMCS or its service provider may, at their sole discretion, terminate, adjust, or suspend the Services or any portion thereof, for any user for any reason. You can also terminate or suspend the Servces at any time by texting the word "STOP" to unsubscribe.
4. You must be at least 18 years old to be eligible to use the Services. No one under age 18 may use the Services under any circumstances.
5. TMCS does not charge for the Services; however, message and data rates may apply. For example, your pager or cellular phone service provider may charge you to receive wireless text messages. Neither TMCS nor its contractors will be held responsible for any charges related to the use of the Services. You agree that you are responsible for paying your carrier's charges to use the Services. Neither TMCS nor carriers are liable for delayed or undelivered messages.
6. TMCS PROVIDES THE SERVICES “AS IS" WITH NO WARRANTIES OF ANY KIND. TMCS "EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SERVICES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. * Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
7. UNDER NO CIRCUMSTANCES WILL TMCS OR ITS EMPLOYEES, OFFICERS, OR DIRECTORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SERVICES WHETHER OR NOT TMCS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. If you are dissatisfied with the Services or any content on any of TMCS website properties, or with these Terms and Conditions, your sole and exclusive remedy is to discontinue using the Services. You acknowledge, by your use of the Services, that your use of the Services is at your sole risk
9. You agree to indemnify, defend and hold harmless TMCS, its partners, clients, employees, officers and directors, from and against any and all claims, liabilities, penalties, settlements, judgments, fees (including reasonable attorneys' fees) arising from (i) any content that you or anyone using your account may submit, post or transmit via the Services; (ii) your use of the Services; (iii) your violation of these Terms and Conditions; and (iv) any violation or failure by you to comply with all laws and regulations in connection with the Services.
10. You may not assign any of your rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of TMCS. Any such purported assignment or delegation by you without the appropriate prior written consent of TMCS will be null and void and of no force or effect.