Privacy Statement

At TMSII we are committed to respecting your privacy. While we may collect some information from you, it is our committed policy to ensure that all your personal information remains private and secure except where you have made your personal information public through the use of our system. As part of our privacy policy, we: (1) will not sell or release personal identifying information about you to any other party without first obtaining your consent; and (2) will not knowingly collect or use personal identifying information from children younger than 21.

What Information We Collect

When you visit our Web site, TMSII collects basic information that does not identify individual users. This includes which pages are visited and any feedback from our visitors and members. We then aggregate this information to improve our site for you. We and the computer servers that host this site will assign your computer browser a "cookie". Cookies provide a way for us to store temporary information, keep track of items, allow servers a method to track individual sessions and make your visit to our site more convenient. Your privacy and security are not compromised when you accept a cookie from our Web site. We don't use cookies to collect specific personal information and the cookies that we store are temporary. Most browsers are initially set to accept cookies. If you set your browser to refuse cookies, you will not be able to utilize our web site to its fullest abilities.

How We Use It

Currently, we do not send out special offers by post or email.

Other

By using this web site, you consent to the collection and use of your information by us, as described in this policy. We will not monitor, edit, or disclose the contents of email, correspondence, orders, or any other electronic communications received from you, unless required in the course of normal maintenance of this Web site or we're required to do so by law or in the good-faith belief that such an action is necessary to: (1) comply with the law or legal process served on us; (2) protect or defend our rights or property; or (3) act in an emergency to protect the personal safety of our users or the public.

TMSII fully cooperates with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to release information about members who we believe are in violation of our content guidelines. We also reserve the right to report to law enforcement agencies any activities that we believe to be unlawful.

We want you be aware that when you click on links and/or ad banners that take you to third party Web sites, you will be subject to those third parties' privacy policies. While we support the protection of privacy on the Internet, we cannot be responsible for the actions of third parties. We encourage you to read the posted privacy statement whenever you're interacting with any Web site.

TMSII may update this policy from time to time; please check this page periodically for changes.

Terms of Use

Welcome to TMSII. To ensure that we can provide a safe and friendly environment for all of our members, we have established these TERMS OF USE.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE. THEY ARE LEGALLY BINDING ON YOU.

By using this Web site, you signify your assent to these Term of Use. (Note: The use of the word "Terms" also includes the term and concept of "Conditions".) We reserve the right, at our discretion, to modify, add, or remove portions of these terms at any time. Please check with these terms periodically for changes. Your continued use of this site now or following the posting of changes to these terms will signify that you accept these Terms and/or changes. Your violation of these Terms, at a minimum, will result in your loss of the right to use our Web site, as we may decide in our absolute discretion.

Restrictions on Use of Materials

All materials on this site, including but not limited to text, images, designs, graphics, logos, software, and the like (collectively called the "Materials"), are owned by TMSII (called also the "Company"), its content suppliers or clients and protected by U.S. and international laws. You may not copy, transmit, post, create derivative works from, or republish in any way whatsoever any Materials from our Web site without the prior written permission of the Company. Use of these Materials on any other Web site or other networked computer environment is prohibited.

Disclaimer

THIS SITE IS PROVIDED BY TMSII ON AN "AS IS" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SITE, ITS INFORMATION, CONTENT, MATERIALS, OR PRODUCTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WE DO NOT WARRANT THAT ANY FUNCTIONS OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE; THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER(S) THAT IT IS HOSTED ON ARE FREE OF VIRUSES.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS WEB SITE AS TO THEIR ACCURACY OR RELIABILITY. YOU (NOR THE COMPANY) WILL ASSUME THE COST OF ALL NECESSARY CORRECTIONS OR REPAIR. FURTHER, APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF ANY IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TMSII IS ONLY A VENUE. TMSII ACTS AS A VENUE FOR INDIVIDUALS TO POST THEIR PERSONAL TOM SHARK AND OTHERS TO GAIN KNOWLEDGE FROM THOSE TOM SHARK . AS A RESULT, THE COMPANY HAS NO CONTROL OVER THE QUALITY, SAFETY, LEGALITY, TRUTH AND/OR ACCURACY OF TOM SHARK . IN ADDITION, THERE ARE RISKS, INCLUDING BUT NOT LIMITED TO THE RISK OF PHYSICAL HARM OR FINANCIAL LOSS, IN DEALING WITH STRANGERS THAT YOU MAY COME IN CONTACT WITH THROUGH THIS WEB SITE. YOU ASSUME ALL RISKS ASSOCIATED WITH DEALING WITH OTHER USERS WITH WHOM YOU COME IN CONTACT WITH AT TMSII.

THE COMPANY CANNOT AUTHENTICATE THE TRUE IDENTITY OF EACH USER ON OUR WEB SITE. SINCE WE DO NOT BECOME INVOLVE WITH USER-TO-USER DEALINGS OR CONTROL THE BEHAVIOR OF INDIVIDUALS ON TMSII , IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE INDIVIDUALS, YOU AGREE TO RELEASE TMSII FROM ANY AND ALL CLAIMS, DEMANDS, ACTUAL AND CONSEQUENTIAL, DIRECT AND INDIRECT DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, YOU EXPRESSLY WAIVE ANY AND ALL RIGHTS AND BENEFITS CONFERRED UPON YOU BY THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH

READS:

'A General Release does not extend to claims which the Creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor'.

TMSII IS UNDER NO LEGAL OBLIGATION TO CONTROL THE INFORMATION PROVIDED BY OTHER USERS WHICH IS MADE AVAILABLE THROUGH OUR WEB SITE, NOR DO WE GENERALLY REVIEW IT. WE EXPECT THAT YOU USE CAUTION AND COMMON SENSE WHEN USING THIS WEB SITE AND NOTE THAT OTHER PEOPLE'S INFORMATION MAY BE OFFENSIVE, HARMFUL, INACCURATE, MISLABELED OR DECEPTIVELY LABELED.

YOU AGREE TO USE TMSII AT YOUR OWN RISK AND UNDERSTAND THAT THE MATERIAL MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. THE COMPANY MAKES NO REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL POSTED ON OUR WEB SITE.

UNDER NO CIRCUMSTANCES SHALL TMSII BE LIABLE FOR ANY CLAIMS OF NEGLIGENCE OR BREACH, INCLUDING BEING LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND - INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA FROM THE USE OR INABILITY TO USE THE MATERIALS ON THIS WEB SITE, EVEN IF WE HAVE BEEN ADVISED OF THESE POSSIBILITIES. APPLICABLE LAW MAY NOT ALLOW THESE LIMITATIONS ON LIABILITY OR DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE IN ANY EVENT THE TOTAL LIABILITY WILL NOT EXCEED $100.

Online Conduct

Any communication, which you post to our Web site is non-confidential, and user agrees to use TMSII only for lawful purposes. You shall not post or publish on our Web site any content which is defamatory, obscene, threatening, illegal, infringes on copyrights or trademarks, or is otherwise objectionable, including but not limited to any material encouraging conduct that would constitute a criminal offense, civil liability, or otherwise violate any applicable law.

If we are notified of any alleged content violation, we may investigate this and decide in our sole discretion whether to remove that content from our Web site. We may disclose any content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate our Company; and (iii) to protect the rights or property of our Company, its users, our providers, or our clients.

TMSII reserves the right to prohibit conduct, communication, or content that we deem in our sole discretion to violate any law or be harmful to the rights of any user, our Company, or any third party. Provided, however, neither we nor our provider(s) can ensure the prompt removal of questionable content after online posting. Accordingly, the Company shall not assume liability for any action or inaction taken with respect to removing such material from our Web site.

Individuals are prohibited from posting incomplete, false, or inaccurate personal information. Posting of chain letters or pyramid schemes is prohibited; if found, these postings will be temporary disabled until further investigation by the Company.

Employers and individuals are prohibited from sharing their pins with any third parties or using your pin for any unauthorized use. All users agree to notify TMSII of any unauthorized use of your pin.

Navigation and searching of our Web site and database is restricted to our search engine and other available third party browsers, such as Microsoft Explorer or FireFox.

By uploading or submitting any materials to us, you automatically grant and warrant that the content owner has expressly granted us a royalty-free, irrevocable, nonexclusive right and license to use, publish, and distribute the content worldwide, including the right to use it in other works in any from, media, or technology for the copyright term of this content. Subject to this grant, the content owner retains any and all rights which may exist in that content.

Any advice, services, or offers that are expressed by you, or made available by third parties, are those of the respective authors - and not of TMSII. The Company does not guarantee the accuracy, completeness, or appropriateness of any content, opinion, or advice, nor its merchantability or fitness for any particular purpose. Under no circumstances shall we be liable for any loss, damage, or harm caused by a user's reliance on any information obtained through this web site. It is the responsibility of each user to independently evaluate the information, advice, or other content found at this Web site.

Third Party Submissions

User may upload to or distribute on our Web site only content that is not subject to any copyright or other proprietary rights protection, or content in which the author has given express authorization for Internet distribution. Any content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, date, owned by [name of owner]; used by permission." The unauthorized submission or distribution of copyrighted or other proprietary content is illegal.

The Company will not be liable for any damages resulting from any infringement of copyrights or proprietary rights, or from any other harm that arises from user submissions.

Privacy Policy

It is TMSII's policy to respect the privacy of our users. Our Privacy Policy is set forth at Privacy Policy.

Linking From and To This Web Site

To the extent that this Web site has links from and to other Web sites, we cannot endorse nor control their content, accuracy, compliance with laws, or accessibility. If you decide to access these linked sites, you do so at your own risk. Any concerns regarding such outside Internet sites, or any link thereto, should be directed to that particular Web site.

Any link to our Web site is subject to our approval, conditions, and agreements, as we may decide in our sole discretion. Additionally, any linking, whether it is a hyper link, use of spiders or robots, or whatever applicable technology, of a commercial, competitive, or offensive nature is strictly prohibited.

Termination of Use

TMSII reserves the right to refuse service, terminate accounts, suspend activity, and/or cancel orders in its sole discretion, including, without limitation, if we believe that any customer's conduct violates applicable law, is harmful to another user's interest, or is harmful to the Company's, a third party's, or a service provider's interests.

Use By Children Under 21

TMSII cannot prohibit minors from visiting our Web site. We must rely on the supervision of the responsible parents, guardians, and those responsible for supervising children under 21 to decide which materials are appropriate for children to view and/or purchase.

We require that all purchases be made by individuals 21 years of age or older and give verifiable permission to us for the collection of certain information in accordance with our privacy policy terms. Every time you purchase a product or service from our Web site, you are representing to us that you meet these criteria.

Indemnity

You agree to indemnify, hold harmless, and defend TMSII, providers and clients from and against all claims, actions, or demands, including reasonable legal fees and court costs, resulting from any breach by you or these Terms of Use or other liability.

Other

This site may be at times temporary unavailable due to the following reasons: maintenance (network, database, server), unforeseen computer hardware or software problems, enhancements made to the web site or database, or if the web site migrates to a more accommodating web server. We'll try our best to make known to you ahead of time of any network maintenance that will impact our web site. We'll try to perform all maintenance to the database and web site during late-night hours.

Any legal dispute arising in connection with these Terms of Use shall be first attempted to be settled by mediation. If that is not successful, then the dispute shall be settled by arbitration to be held in Hillsborough County, Florida in accordance with the rules of the American Arbitration Association, and this agreement to arbitrate shall be specifically enforceable. Any award shall be final and binding on all parties, and a final judgment may be entered in the appropriate court of law. Notwithstanding this, should any litigation ensue between the parties, then the prevailing party shall be entitled to reasonable expenses and attorney fees as set by the Court.

This site is created and controlled by TMSII in the State of Florida, whose laws will govern the Terms of Use and any legal controversy. You consent to submit to the exclusive jurisdiction of the courts of the State of Florida and of the United States for any litigation arising out of our Web site's use and operation, waive any objection to this state on improper jurisdiction and/or venue grounds, and agree not to argue that any such litigation brought there has been brought in an inconvenient forum.

If any provision of these Terms of Use shall be deemed unlawful, void, of for any reason unenforceable by any court of competent jurisdiction, then that provision shall be deemed severable from the rest of the provisions and shall not affect the validity or enforceability of any of the remaining ones.

YOU AGREE TO BE BOUND BY THESE TERMS OF USE by your accessing, viewing, and/or using our Web site.