Website and Publication
Terms and Conditions

The terms of this Agreement together with the specific terms and conditions of your Publication subscription offer constitute the entire agreement (collectively the "Agreement") between TMS Holdings, Inc (“TMS”), publisher of Smith’s Research & Gradings, and you ("Subscriber" or “You”) with respect to the Subscription.

1. Introduction

TMS may update these terms and conditions for legal or regulatory reasons, or to reflect changes in our services or subscription fees. We will provide notice of such changes and any changes will become effective from the date of your next payment following the change unless we notify you otherwise.

In no event shall TMS be liable for any damages caused by the inability of the Subscriber to access the online Subscription as a result of network or server downtime,transmission problems or otherwise. TMS does not guarantee the uptime of the Subscription.

We may in exceptional circumstances cease to publish Smith’s Research & Gradings or cease to provide subscription services. We will give you at least 90 days’ notice of this, if possible. If we do so, then we will have no further obligation to you.

2. Registration

On registration, you must provide TMS with accurate, complete registration information and it is your responsibility to update and maintain changes to that information on the applicable smithsresearch.net registration or subscription pages. TMS is entitled to rely on any information you provide to us.

Each registration is for a single user only. On registration, you will choose a password (“ID”). The email address that you provide on registration must correspond to a named email account and not a generic or shared email account. You are not allowed to share your ID or give access to TMS Content through your ID to anyone else. TMS does not allow multiple users on a network or within an organization to use the same ID. TMS may cancel or suspend your access to smithsresearch.net if you share your ID without further obligation to you. You may not create additional registration or subscription accounts for the benefit of others or with the aim of avoiding our use of IDs to control access to and use of smithsresearch.net.

You are responsible for all use of smithsresearch.net made by you or anyone else using your ID and for preventing unauthorized use of your ID. If you believe there has been any breach of security such as the disclosure, theft or unauthorized use of your ID or any payment information, you must notify TMS immediately by emailing us at smiths@smithsresearch.net. We recommend that you do not select an obvious user password (such as your name) and that you change it regularly.

If you are a registered user of or subscriber to smithsresearch.net then you may choose to use the “Remember me” login feature that enables you to be logged in automatically to smithsresearch.net whenever you visit without having to manually log in each time. We recommend that you do not enable this feature on any computer that is or may be used by anyone other than you in order to prevent unauthorized access by third parties to both your subscription details and features of smithsresearch.net personal to you.

3. Smith’s Research & Gradings Subscription Refund & Cancellation Policy

Renewals: We will send you an email or notice letting you know when your annual Subscription is close to ending (unless you have already told us that you wish to cancel your Subscription). We will also ask you whether you would like to renew your Subscription. If you fail to respond to these notices or you fail to pay your renewal invoice, your Subscription will expire on its end date.

Print subscriptions: Any subscription canceled within the first 6 months will receive a refund for all unmailed issues. No refund will be given for any subscription that has less than 6 months remaining in the term.

Corporate/group/site subscriptions: This type of subscription is not refundable. By entering into a mutually agreed-upon subscription agreement you agree that we may start your subscription on the service activation date. All subscription charges must be paid in accordance with the subscription agreement. Payment is due within 30 days after subscriber/customer receives each invoice.

How to cancel your subscription: You may notify us of your wish to cancel your subscription by contacting us at smiths@smithsresearch.net or call 571-299-4954.

4. Copyright

All information available through the Subscription is protected by copyright or other intellectual property laws. You may display and print information obtained through the Subscription solely for your own personal, non-commercial use. You may not reproduce, retransmit, distribute, store in a retrieval device, disseminate, sell, publish, broadcast or circulate the information obtained through the Subscription to anyone, without the express written consent of TMS Holdings, Inc. You agree not to use any information obtained through the Subscription for any unlawful or unauthorized purpose.

5. Intellectual Property

All content published in Smith’s Research & Gradings belongs to TMS or its licensors who own all intellectual property rights (including copyright and database rights) in that content and any selection or arrangement of it. No intellectual property rights in that content are transferred to you. TMS Holdings, Inc.’s intellectual property rights and the Content are protected by United States and copyright and trademark laws. You may not copy, publish, republish, archive, store, create derivative works of, redistribute or disseminate to third parties any content from the Publication. Any third-party advertising or sponsorship in the Publication is the responsibility of the relevant third party and TMS is not responsible for it.

6. Limitations of Smith's Research & Gradings Content

Although TMS uses reasonable skill and care in producing its content, TMS does not guarantee the accuracy, quality or completeness of the information published. TMS is not responsible for any errors or omissions, or for the results obtained from the use of such information, or for delays or interruptions in the service. There are no express or implied warranties including, without limitation, warranties of merchantability or fitness for a particular purpose or use with respect to the service or any information available through the Subscription. In no event will TMS or any of its licensors be liable for damages, direct, indirect, special or consequential (including lost profits) in connection with the use of the service, even if notified of the possibility of such damages. The sole remedy of subscribers to the service in the event of a breach of this agreement by TMS shall be to terminate this Agreement and obtain a refund of a pro-rata portion of any prepaid subscription fees based on the date of termination. The provisions of this section will survive any termination of this Agreement.

7. General

You may not license or transfer any of your rights under these terms and conditions. The Agreement constitutes the entire agreement between you and TMS Holdings, Inc. with respect to the Subscription and may be amended by notice by TMS. Smith’s Research & Gradings is a publication of TMS Holdings, Inc. This Agreement shall be governed in all respects in accordance with the laws of the United States of America and New York State governing contracts to be wholly entered into and performed within New York State. The courts sitting in the State of New York, Federal and State, shall have exclusive jurisdiction of any dispute arising under this Agreement.

Notice may be given by TMS Holdings, Inc. via posting on smithsresearch.net, email or by mail. Notice by a Subscriber shall be given to TMS by email to smiths@smithsresearch.net, or by mail to TMS Holdings, Inc., P.O. Box 1195, Great Falls, VA 22066. Notices shall be deemed given when posted on the site or on the recipient's email or when received if sent by mail.

8. Changes to Terms and Conditions

These terms and conditions were published on January 6, 2021 and replace with immediate effect the terms and conditions previously published.