Terms Of Use

Revision Date: March 1, 2026

1.0  OVERVIEW

These Terms of Use (TOU) are a binding contract between you and HMS Technology, Inc (HMS, we, our, or us) and applies to your use of our Website. By using our Website, other than to read the TOU or a revision to the TOU for the first time, you acknowledge that you have read, fully understand, agree to, and agree to comply with all of the terms and conditions stated herein. If you do not agree with and accept these terms and conditions, you are not allowed to use our Website.

HMS reserves the right to change the TOU from time to time and will post a new revision date at the top of the TOU each time a change is made. You should check the revision date each time that you use our Services and review the TOU to see if a revision has been made since your last visit. The posted TOU is binding on you at the time you use the Website and you must not use the Website if you disagree with the TOU posted at the time of your visit. The most current version of the TOU can be reviewed by clicking on the TOU hyperlink located at the bottom of the Website screens.

2.0 DEFINITIONS

2.1 HMS

This means the corporation known as HMS Technology, Inc and any person or entity that is involved with ownership, management or operation of HMS, including: Associates, companies, employees, management, staff, consultants, corporate directors and corporate officers.

2.2 Website

This means HMS’s online Website located at www.hms-technology.com and all associated services and content provided, downloaded, or made available when using the Website. This includes; messaging tools, software dashboards, software products, information and AI powered tools that can be used by our Clients to manage their business and provide their own phone answering service.

2.3 Client

This means any person or entity (e.g. business, school, organization) that; 1) buys our products or 2) tries-out or subscribes to the services offered on our Website.

2.4 Caller

This means any person or entity that calls into an answering service provided by our Clients.

2.5 Guest

This means any person or entity that visits our Website and is not a Client or Caller.

2.6  Users

This means any person or entity that visits our Website (i.e. Guests, Clients or Callers).

2.7 Proprietary Information

This means all documents and information that is owned or licensed by HMS and displayed or offered on or through our Website, including: graphics, pictures, text, menus, forms, controls, features, widgets, documents, plug-ins, toolbars, operational features, product listings, website design, slogans and Copyrighted Material.

Copyrighted Material is artistic work or other material that is currently owned or licensed by a person or entity, including: slide presentations, videos, pictures, writing, trademarks, books, ads, maps, dramatic works, photographs, lyrics, music, sound recordings, software and website designs.

2.8 Personal Information

This means any information that has been provided by a User to HMS in confidence and is not available as Public Information. Some examples include: date of birth, home address, email address and social security number.

2.9 Public Information

This means any non Proprietary Material and non Personal Information that can be found in the public areas of the Website, including; entries made in the comment sections or forums. In addition, this includes any related information that can be found in other public venues or outlets, including: broadcast outlets and media, print media and social websites.

2.10 Inappropriate Material

This means any type of material (e.g. files, documents, pictures, messages, letters, emails) uploaded to our Website or otherwise communicated to HMS or Users which could be directly or indirectly considered to be not suitable for reading or viewing or otherwise harmful to HMS, Users or equipment owned or operated by HMS or Users (e.g. computers, servers, etc.). This includes any material that:

  • is hateful, threatening, pornographic, graphic, violent, racist, profane, defamatory, obscene, indecent, unlawful, or intimidating to others
  • promotes destructive behavior, such as, self abuse, elderly abuse, spousal abuse, violence, suicide, and incest
  • promotes destructive items, such as, illegal drugs, tobacco, excessive alcohol, weapons, destructive devices, and controlled substances
  • projects a destructive, degrading, unethical, illegal or negative impression relating to HMS, Users, Associates, or Clients or their respective products and services
  • is unauthorized Copyrighted Material
  • infringes on the rights of others
  • is sensitive or unauthorized information about others
  • is information that could cause emotional or financial harm (e.g. financial documents, photos, correspondence, ID documents, etc.)
  • promotes or depicts child abuse or child pornography
  • is or contains destructive or malicious communication or software elements, including, virus, spam, spyware, harvesting bots, robots, spiders, scrapers, worms, time bombs, Trojan horses cancelbots, corrupted files, or any other similar software or programs that could damage the operation of the Website or another’s computer or property.

2.11 Communication Platform

This means the tools and services provided as a part of the Website to assist Users in communicating with HMS or each other, including: bulletin boards, chat areas, forums, comment fields, collaboration fields, and personal profile fields.

2.12 Communication Material

This refers to the information used for communicating with Users and HMS on the Communication Platform, including; messages, chat transcripts, discussions and comments.

2.13 User Suggestions

This refers to any solicited or unsolicited suggestion submitted to HMS by a User, including: ideas for new Website features, suggestions for improving an existing design, and tips on improving Website operation.

2.14 Associates

This means any person or entity that is involved with HMS from the standpoint of operating the business, including: 1) affiliate companies, business partners, consultants, vendors, software development companies, financing companies, subsidiaries, third party content providers, licensors, investors, shareholders, and 2) their respective employees, management, staff, consultants, sales reps, families, friends, corporate directors, and corporate officers.

2.15 Inappropriate Behavior

This refers to actions taken by a User or Users which could be considered immoral, unethical, illegal, or indecent, including:

  • Disrespecting or disregarding the rights and property of others, including: Users and Associates
  • Copying, distributing, or using Copyrighted Material without permission from the owner of such material
  • Using material owned by others in inappropriate ways, which includes: 1) illegal, 2) unethical, 3) misleading, 4) self gaining, 5) degrading, 6) malicious, 7) discriminatory, 8) threatening, 9) abusive, 10) defamatory, 11) invasive of privacy or publicity rights, 12) vulgar, 13) obscene, 14) profane or otherwise objectionable, 15) conduct, or encouraged conduct, that could constitute a criminal offense, 16) in violation of any law or third party Trademark or Copyright, 17) unauthorized commercial applications, or 18) in a way that could give rise to civil liability
  • Harming, attacking, overburdening, inhibiting, or impairing operation of the Website
  • Using the Website to harm, bully, intimidate, or take advantage of others
  • Submitting Inappropriate Material
  • Acting in a manner that, in HMS ‘s opinion, restricts or inhibits any other User from using or enjoying the Website
  • Using the Website to solicit others to become subscribers of other on-line companies that compete with HMS

3.0  USER POLICIES

You agree to act in a responsible and professional manner when using the Website, including : refraining from participating in Inappropriate Behavior or submitting Inappropriate Material. HMS reserves the right to terminate Website access for any User that violates these policies.

3.1  Website Content

You may view and download Website Content for your own personal use. Except as otherwise expressly permitted under copyright law, you are not allowed to distribute, publish or use Website Content for commercial purposes without the express written permission of HMS. In addition, you may not participate in the transfer or sale, create derivative works, or in any way exploit any of the Website Content, in whole or in part.

You acknowledge and agree that you do not acquire any ownership rights by viewing, downloading or copying Website Content. Unless specifically stated, nothing in the TOU shall be construed as conferring any type of ownership, license, or other rights with regard to Website Content

3.2  Hyperlinks To Third Party Websites

Our Website provides various hyperlinks, some of which can take Users to third party websites. In addition, hyperlinks can be used by third party websites to bring viewers to HMS’s Website. These linked sites are not under the control of HMS and HMS is not responsible for any issues related to the linked website, including: the contents of linked sites, the contents of sites linked to linked sites, or any changes or updates to such linked sites. HMS is not responsible for webcasting or any other form of transmission received from any linked site. HMS supports hyperlink interaction only as a convenience and this does not in any way imply endorsement of any third party site by HMS. When you leave the HMS Website, the HMS TOU no longer applies and you then must operate under the policies of the linked website.

3.3  Third Party Information

HMS is not a publisher of content supplied by third parties and therefore HMS has no editorial control over such content. Any opinions, advice, suggestions, statements, services, offers, or other information or content expressed or made available by third parties, including information providers or Website Users, are those of the respective author(s) or distributor(s) and not of HMS. HMS cannot guarantee the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.

In many instances, the content available through the Website represents the opinions and judgments of the respective information provider. HMS neither endorses nor is responsible for the accuracy or reliability of any opinions, advice, or statements made on the Website by anyone other than an authorized HMS spokesperson while acting in his/her official capacity. Under no circumstance shall HMS be liable for any loss or damage caused by your reliance on information obtained from or through the Website. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice or other content provided HMS or by a third party or made available on the Website.

3.4  User Assets

You are fully responsible for obtaining, operating, maintaining, and keeping secure all assets needed to access and use the HMS Website, including but not limited to, equipment, hardware, software, internet connections, and internet accounts. You agree that HMS shall not be liable for any problems associated with your assets or the use of such assets, including connection problems, downtime, and lost opportunities.

3.5  Proprietary Information

All Proprietary Information that is made available to view or download, directly or indirectly, from the Website is the property and copyrighted work of HMS and/or its suppliers and its use is governed by the terms of the TOU.

Proprietary Information is made available for your own use only. Any redistribution of Proprietary Information, without HMS’s written consent, is expressly prohibited by law and may result in severe civil and criminal penalties. Without limiting the foregoing, copying Proprietary Information on to any other server or location for the purpose of further reproduction or redistribution is expressly prohibited.

Proprietary Information is provided without any guarantees and HMS disclaims all warranties and conditions with regard to Proprietary Information, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. In addition, HMS does not make any assurances with regard to the accuracy or success of the results that is derived from using such Proprietary Information.

Under no circumstances shall HMS be held liable for any direct, indirect, or consequential damages resulting from the loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of the Website or Proprietary Information.

3.6  User Suggestions

HMS may accept User Suggestions, but only under the following conditions:

  • HMS is under no obligation to acknowledge or use your suggestions;
  • If HMS decides to use your suggestion, HMS shall receive an immediate, fully paid, non-exclusive license to use your suggestions or a modification of your suggestions, as desired, for an unlimited period of time;
  • HMS is under no obligation to give you compensation for your suggestion; and
  • You shall hold HMS harmless for any and all liability arising from rejecting, accepting and/or using your suggestion.

4.0  WEBSITE POLICIES

You must act in a responsible and professional manner when using the Website. You agree to refrain from participating in Inappropriate Behavior and submitting Inappropriate Material to the Website. HMS reserves the right to terminate Website access for any User that violates this policy.

4.1  Website User

A Qualified Person can obtain access to our Website by: 1) passing a Captcha quiz to enter the Website, 2) agreeing to HMS’s Privacy Policy and Terms of Use and 3) submitting an email address and password that is validated and accepted by HMS. Use of the Website is provided to free of charge.

You must meet all of the following conditions in order to be considered a Qualified Person

  • You must be at least 18 years old;
  • You must reside in a jurisdiction which legally allows for HMS Website participation; and
  • You must submit accurate, complete and up-to-date contact and profile information and update this information within 30 days if it changes

HMS reserves the right to deny access to the Website to any person or entity, with or without cause, at anytime, at HMS’s sole discretion.

You are entirely responsible for: 1) keeping your profile information accurate and up to date, 2) maintaining the confidentiality of your password and account, 3) all activities that occur under your account, and 4) immediately notifying HMS of any unauthorized use of your account or any other breach of security.

HMS is not liable for any loss that you may incur as a result of someone else using your password, profile information, or account information, either with or without your knowledge. However, you could be held liable for losses incurred by HMS, or a third party, as a result of someone else using your password, account, or account information. You agree to keep your password confidential and not to use anyone else’s password or other account information, at any time, without the permission of the account holder.

HMS reserves the right to immediately terminate your access to the Website if you violate any of these policies or take other actions which are deemed by HMS to be inappropriate. In addition, HMS reserves the right to make exceptions, on a case by case basis, to the above stated requirements.

If you access our Website on behalf of another person or entity, then you represent and warrant that: 1) you are fully and legally authorized to bind the associated person or entity to HMS’s Privacy Policy and Terms of Use and 2) you fully agree with HMS’s Privacy Policy and Terms of Use on behalf of the person or entity.

4.2  Privacy

HMS operates the Website in accordance with its Privacy Policy, which is incorporated into its TOU by reference. By accepting this TOU, you are accepting the Privacy Policy.

4.3  Communication Platform

As a key component of the Website, HMS provides a Communication Platform (e.g. messaging tools, forms, forums, comment fields, collaboration fields) to assist Users in using and enjoying the Website. You agree not to use the Communication Platform to post or send Inappropriate Material. By way of example, and not as a limitation, you agree that when using the Communication Platform, you will not:

  • use the Communication Platform in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
  • defame, abuse, harass, stalk, threaten or otherwise violate the rights or privacy of others;
  • publish, post, upload, distribute, disseminate or otherwise make available Inappropriate Material;
  • advertise or offer to sell or buy any goods or services for any third party business purpose, unless instructions specifically allow such messages;
  • upload any file from any third party source that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;
  • falsify or delete any copyright management information, such as: author attributions, legal or other proper notices, proprietary designations, or labels of the origin or source of software;
  • restrict or inhibit any other User from using and enjoying the Communication Platform;
  • participate in Inappropriate Behavior when using the Communication Platform;
  • violate any code of conduct or other guidelines which may be applicable to a third party communication platform;
  • harvest or otherwise collect information about others, including email addresses;
  • violate any applicable laws or regulations; and/or
  • create a false identity for the purpose of misleading others.

HMS has no obligation to monitor the Communication Platform. However, HMS reserves the right to review materials posted on the Communication Platform and to remove or modify any such materials in its sole discretion. HMS reserves the right to terminate your access to any or all of the Communication Platform functions at any time, without notice, for any reason whatsoever. HMS reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request; or to edit, refuse to post or to remove any information or materials, in whole or in part, in HMS’s sole discretion.

Materials uploaded to the Communication Platform may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download such materials.

You must use caution when giving out any personal identifiable information when using the Communication Platform. HMS does not control, endorse, nor necessarily agree with the content, messages or information generated by third parties and used with the Communication Platform, and therefore, HMS specifically disclaims any liability with regard to the Communication Platform and any actions resulting from your use of the Communication Platform.

HMS does not claim ownership to Communication Material uploaded to the Communication Platform. However, by uploading such material, you thereby grant HMS a non-exclusive license to use the Communication Material for an indefinite period of time and for any purpose.

4.4  Website Services

By using the services, tools, platforms and information offered on our Website, you acknowledge that:

  • you have read, understand and agree with all of the terms and conditions set forth in our TOU and Privacy Policy;
  • you agree to be bound by all of the terms and conditions set forth in our TOU and Privacy Policy;
  • you obtained or had the opportunity to obtain an opinion from qualified legal council with regard to your potential risks, expenses and liabilities related to using the Website and complying with our TOU and Privacy Policy;
  • you represent and warrant that you satisfy all of the User qualification requirements;
  • you understand and agree that there is no guarantee for a successful outcome when you use our Website services;
  • you agree to hold HMS completely and fully harmless with respect to any issues resulting from the use of our Website;
  • you agree to indemnify and release HMS from any liability, whatsoever, and waive any and all causes of action related to any claims, cost, injuries, loss of property, loss of life, or loss or damage of any kind arising out of or in connection with using our Website.

5.0  General Terms

5.1  Indemnification

You agree to defend, indemnify and hold HMS and other Users harmless from and against any and all direct and indirect claims, damages, costs, liabilities, expenses and associated attorney fees arising out of the use of the Website and Communication Platform.

5.2  Disclaimers

You understand and agree to the following disclaimers:

A.   You expressly agree that use of the Website is at your sole risk. HMS does not warrant: 1) that the Website and Website content will be uninterrupted or error free, 2) that the results obtained from the use of the Website will be satisfactory to you, 3) the accuracy, reliability or content of information provided on or through the Website. Your sole and exclusive remedy with regard to issues or dissatisfaction with the Website is to stop using the Website.

B.  The Website is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to the TOU.

C.  This disclaimer of liability applies to any expense, damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. You specifically acknowledge that HMS is not liable for the defamatory, offensive or illegal conduct of other Users or third-parties and that the risk of injury from the foregoing rests entirely with you.

D.  HMS shall not be held liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the Website. You hereby acknowledge that the provisions of this section shall apply to any and all efforts and actions, direct or indirect, related to using the Website.

E.  In addition to the terms set forth above, HMS shall be not be held liable regardless of the cause or duration, for any errors, inaccuracies, omissions, infringements, typographical errors, or other defects in, or untimeliness or inauthenticity of, the information contained within the Website, or for any delay or interruption in the transmission thereof to you, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.

F.  Force majeure – HMS  shall not be held liable or responsible for any failure or delay in performance due to circumstances beyond its control, including, without limitation, acts of god, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures and failures of third party service providers (including providers of internet services and telecommunications).

G. You hereby waive any applicable civil code (e.g. California code §1542) which states the following or something similar to the following:

“a general release does not extend to claims in which the creditor does not know or suspect to exist in his/her favor at the time of executing the release, which if known by him/her must have materially affected his/her settlement with the debtor.”

You agree to hold HMS harmless for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with this statement. The maximum liability arising out of this statement shall not exceed one hundred dollars ($100).

In the event the above limitation or exclusion does not apply to you due to applicable law, the liability shall be limited to the fullest extent permitted by applicable law.

H.  HMS may provide the means for you to register for or log into HMS using profile information retrieved from external websites (e.g. Facebook). In addition, HMS may provide the means for you to share information with external websites. However, HMS cannot control the operation of external websites and therefore shall not be considered responsible or held liable for any problems or liabilities incurred by you as the result of using links to external websites.

5.3  Termination

Either you or HMS may terminate this TOU agreement at any time.

Without limiting the foregoing, HMS shall have the right to immediately terminate your account in the event of any conduct which HMS, in its sole discretion, considers to be unacceptable, or in the event of any breach of this agreement. Termination notices shall be sent out by email, to the email address on file at the time of termination, prior to closing the associated account.

You may terminate your use of the Website at any time and for any reason.

In the case of termination, for whatever reason, any and all applicable terms under this agreement shall survive the termination.

5.4  Disputes

HMS will make every attempt to live up to the statements made on the Website and accompanying documents, however, there are no guarantees.

In the event a dispute arises due to a misleading, misinterpreted, misunderstood, or ambiguous term or statement, you agree to work with HMS in a reasonable and professional manner to resolve the dispute directly with HMS staff.   

In the event that the dispute is not resolved informally by working directly with HMS staff, the exclusive method for resolving any disputes, controversies or claims of any nature, including those arising out of or relating to this Agreement, or the making, validity, interpretation, performance or breach of this Agreement, shall be arbitration in Ventura County, California before a single arbitrator under the auspices of, and in accordance with the commercial arbitration rules of, the American Arbitration Association. The single arbitrator shall have the power to award any and all remedies and relief whatsoever that is deemed appropriate in accordance with the terms of this Agreement. The award shall be final, binding and enforceable, and may be enforced by any court of competent jurisdiction. The procedure whereby the evidence (oral and/or written) relating to the matter is presented in the arbitration shall be as agreed to by the parties hereto, and in the absence of such agreement, shall be as determined by the arbitrator, provided, that each party hereto shall have the right to discovery, to call witnesses and to cross-examine (either through legal counsel, expert witnesses or both). The decision of the arbitrator shall be rendered within thirty (30) days following the conclusion of the arbitration proceeding, but in the event that the arbitrator does not render an award within such period the arbitrator shall nonetheless retain jurisdiction of the matter for the purpose of making an award as soon as reasonably possible. Such arbitration proceedings shall be the exclusive means to resolve any disputes, controversies or claims between the parties hereto, provided, however, that either party hereto shall have the right to seek temporary and/or preliminary injunctive relief in a court of competent jurisdiction in Ventura County, California, to enjoin violations of this Agreement pending final resolution of the controversy in arbitration. 

You agree to not elevate a dispute of any kind to a litigation or legal claim against HMS. In addition, you agree to indemnify, defend, and hold harmless HMS from and against all demands, losses, claims, penalties, fines, liabilities, causes of action, expenses and costs, including attorneys’ fees, judgments, or loss of any kind due, which may arise during or be caused in any way arising from your use of and activities related to the Website.

5.5  Venue

The use of the Website and TOU shall be governed by, construed, enforced under, and interpreted in accordance with the laws of the state of California, applicable to agreements made to be entirely performed within the State of California, without resort to its conflict of law provisions.    

5.6  Severability

If any provision of the TOU is found invalid or unenforceable under judicial decree or decision, the remainder shall remain valid and enforceable according to its terms. Without limiting the previous, it is expressly understood and agreed that each and every provision of the TOU that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to be severable and independent of any other provision and to be enforced as such. Further, it is expressly understood and agreed that if any remedy under the TOU is determined to have failed of its essential purpose, all other limitations of liability and exclusion of damages set forth shall remain in full force and effect.

5.7  Agreement

Unless specified otherwise in writing, our Privacy Policy and TOU constitute the entire agreements between you and HMS with respect to the use of the Website and supersedes all prior agreements, communications and proposals, either electronic, written or verbal. 

In the event there is a conflict between the TOU and Privacy Policy, the TOU takes precedence.

5.8  Changes

HMS has the right, at any time, to change, remove or discontinue any aspect or feature of the Website, including, services, tools, content, hours of availability and equipment needed for access or use.

HMS has the right to make changes to any Website content, at anytime and for any reason deemed necessary by HMS, including, 1) to clarify statements that are found to be subject to interpretation, 2) to correct errors or add missing information and 3) to address unforeseen problems, such as system failures or cyber attacks. Any use of the Website after changes have been made shall be deemed as acceptance of such changes.

You agree to indemnify and release HMS  from any liability whatsoever resulting from changes.

5.9  Relationship

You agree that no formal or legal relationship is established between you and HMS solely as a result of agreeing to the TOU, becoming a User or using the Website. This includes the following relationship types:  joint venture, co-venture, partner, consultant, employment, client, representative, and agency.

5.10  Assignment

HMS may assign, transfer, or sublicense the TOU, in whole or in part, in its sole discretion. You agree not to assign, transfer, or sublicense your rights under the TOU.

5.11  Copyright Infringement Claims

This section defines the procedures for you (Claimant) to notify HMS of any alleged copyright infringement.

HMS operates in compliance with Title 17, United States Code, Section 512(c)(2) and the Digital Millennium Copyright Act (“DMCA”) and will promptly investigate any claim of copyright infringement and take appropriate action as defined under the DMCA.

Prior to making a claim, Claimant should first determine if a valid case can be made for infringement. For example, a legal exception or the defense of “fair use” may apply to the alleged  infringement matter. Some examples of “fair use” include uses for, commentary, search engines, education, criticism, news reporting, research, and library archiving. The United States Copyright Office provides detailed information on what constitutes copyright infringement on its website located at www.copyright.gov and provides summarized information on a circular located at www.copyright.gov/circs/circ01.pdf . Once Claimant determines that a valid case can be made for infringement, a claim can be submitted by providing the following information to HMS:

  • name, description and exact location where the copyrighted material is used or displayed;
  • contact information for the owner of the copyrighted material, including, full name, mailing address, phone number, and email address;
  • contact information for the Claimant, including, full name, mailing address, phone number, and email address (if different than the owner); and
  • a signed statement that certifies, under penalty of perjury, that the complaint is accurate and made in good faith and that the Claimant has full legal authority to enforce the copyrights that may have been infringed.

Send all claim information by email to HMS’s DMCA Designated Agent at [email protected]

with the word DMCA in the Subject box. HMS will take all appropriate steps, as defined by the DMCA, to resolve the issue. However, HMS can make no guarantees with regard to the outcome.

5.12  Notices

From HMS

General notices that could affect you and other Users may be conveyed in a number of ways, including, Website postings or email. Personal notices that affect only you shall be conveyed by direct email using your current email address on file.

To HMS

You can send suggestions, questions or comments to HMS using the following email address:

[email protected]

5.13  Misc

No waiver by either party of any breach or default herein shall be deemed to be a waiver of any preceding or subsequent breach or default.

The section headings used herein are for convenience only and shall not be given any legal import.

The words HMS Technology, HMS or HMS’s logos appearing on our TOU, Privacy Policy and Website are pending or registered trademarks of HMS Technology, Inc. All rights reserved.

Words such as include, included, or including are used to denote, in all cases, inclusion without limitation.