TMS+ Digital Marketing
Effective Date: May 5, 2026
1. Agreement to Terms
These Terms and Conditions (“Terms”) govern your access to and use of the website operated by TMS+ Digital Marketing (“TMS+,” “we,” “us,” or “our”), located at https://tmsplus.com and any related subdomains, pages, or properties (collectively, the “Site”).
By accessing or using the Site, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use the Site.
2. About These Terms
These Terms govern your use of the Site as a visitor. They do not, by themselves, create a service relationship between you and TMS+.
TMS+ provides services including website design and development, search engine optimization (SEO), digital marketing, advertising management, hosting and care plans, content creation, and related services. Any engagement of TMS+ to provide such services is governed by a separate written agreement, proposal, statement of work, or order form executed between TMS+ and the client. In the event of any conflict between these Terms and a signed service agreement, the signed service agreement controls with respect to that engagement.
3. Eligibility
You must be at least 18 years old, or the age of legal majority in your jurisdiction, to use the Site. By using the Site, you represent and warrant that you meet this requirement and that you have the legal capacity to enter into these Terms.
4. Use of the Site
You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Site in any way that violates any applicable federal, state, local, or international law or regulation
- Use the Site to transmit any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation
- Impersonate or attempt to impersonate TMS+, a TMS+ employee, another user, or any other person
- Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or that may harm TMS+ or users of the Site
- Use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site
- Attack the Site via a denial-of-service attack or distributed denial-of-service attack
- Reverse engineer, decompile, or otherwise attempt to extract the source code of the Site or any underlying software, except to the extent such restriction is prohibited by law
- Use the Site or any of its content to train, fine-tune, or otherwise develop any artificial intelligence or machine learning model without our prior written consent
5. Intellectual Property
The Site and its entire contents, features, and functionality — including all text, graphics, logos, images, designs, layouts, photographs, videos, audio, software, and the selection and arrangement thereof — are owned by TMS+, its licensors, or other providers of such material, and are protected by United States and international copyright, trademark, trade dress, and other intellectual property laws.
The TMS+ name, the TMS+ logo, the “+” mark, and all related names, logos, product and service names, designs, and slogans are trademarks of TMS+ or its affiliates. You may not use these marks without the prior written permission of TMS+.
You are granted a limited, revocable, non-exclusive, non-transferable license to access and use the Site for your personal, non-commercial use, or for the purpose of evaluating TMS+ services in connection with a legitimate business inquiry. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site except as expressly permitted by these Terms.
6. User Submissions
If you submit information to TMS+ through the Site — including through contact forms, quote requests, chat conversations, surveys, or any other interactive feature — you represent that the information you submit is accurate and that you have the right to submit it.
By submitting content or information to TMS+ through the Site, you grant TMS+ a non-exclusive, royalty-free, worldwide license to use that content for the purpose of responding to your inquiry, providing services you have requested, and improving our business operations. This does not give TMS+ ownership of your content, and the handling of personal information is governed by our Privacy Policy.
7. Communications
By providing your contact information through the Site, you consent to receive communications from TMS+ in response to your inquiry. This may include email, phone calls, or text messages. You may opt out of marketing communications at any time as described in our Privacy Policy. SMS-specific opt-out instructions, message frequency, and rates are also described there.
8. Third Party Links and Services
The Site may contain links to third party websites, services, or resources that are not owned or controlled by TMS+. TMS+ has no control over and assumes no responsibility for the content, privacy policies, or practices of any third party websites or services. You acknowledge and agree that TMS+ is not responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third party websites or services.
9. Disclaimers
The Site and all content, materials, information, and services provided through the Site are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, TMS+ disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
TMS+ does not warrant that the Site will be uninterrupted, timely, secure, or error-free; that defects will be corrected; or that the Site or the server that makes it available are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Site and the accuracy or completeness of its content.
Any examples, case studies, testimonials, or results referenced on the Site reflect specific past engagements and are not a guarantee, prediction, or warranty of results for any other client or engagement. Marketing and SEO outcomes depend on many factors outside the control of TMS+.
10. Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall TMS+, its affiliates, or its or their respective officers, directors, employees, contractors, or agents be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including without limitation damages for lost profits, lost data, loss of goodwill, business interruption, or any other intangible losses, arising out of or in connection with your access to, use of, or inability to use the Site, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not TMS+ has been informed of the possibility of such damage.
To the fullest extent permitted by applicable law, the total aggregate liability of TMS+ to you for all claims arising out of or related to your use of the Site shall not exceed one hundred U.S. dollars ($100.00).
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
11. Indemnification
You agree to defend, indemnify, and hold harmless TMS+, its affiliates, and its or their respective officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your misuse of the Site.
12. Termination
TMS+ may terminate or suspend your access to all or part of the Site, without notice and for any reason, including if TMS+ believes you have violated these Terms. Upon termination, your right to use the Site will immediately cease. Sections of these Terms that by their nature should survive termination — including Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, and Governing Law — shall survive.
13. Governing Law and Venue
These Terms and any dispute arising out of or related to these Terms or your use of the Site shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of laws principles. You agree that any legal action or proceeding arising out of or related to these Terms or the Site shall be brought exclusively in the state or federal courts located in Richland County, Ohio, and you consent to the personal jurisdiction of those courts.
14. Changes to These Terms
TMS+ reserves the right, at its sole discretion, to modify or replace these Terms at any time. Updates will be posted on this page with a revised effective date. Your continued use of the Site after any update constitutes your acceptance of the revised Terms. You are responsible for reviewing these Terms periodically.
15. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permitted, and the remaining provisions shall remain in full force and effect.
16. Entire Agreement
These Terms, together with our Privacy Policy and any signed service agreements between you and TMS+, constitute the entire agreement between you and TMS+ regarding your use of the Site, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written.
17. Contact Information
If you have questions about these Terms, please contact us:
TMS+ Digital Marketing
P.O. Box 356
Lucas, OH 44843
Phone: 419-892-2637
Email: tmsplus@tmsplus.com