a. Fees. Your use of the Platform is subject to the timely payment of all Fees. Fees may change from time to time. All Fees are exclusive of Communication Surcharges. You will pay all Communications Surcharges associated with your use of the Platform. Communications Surcharges will be shown as a separate line item on an invoice. All Fees and Communications Surcharges are nonrefundable. Fees will be billed to the credit card we have on file. Fees for subscriptions will be billed in advance of Services. You agree to provide us with accurate and complete billing information (name, address, credit card information, and phone number) and notify us of any changes within 10 days of the change.

b. Noncancellable Fees. Some subscriptions for Services require a non-cancellable minimum subscription commitment which cannot be canceled until the commitment is fulfilled. Fees for such non-cancellable minimum subscription commitments will continue to be automatically applied to your bill until the minimum commitment has been achieved.

c. Taxes. You are exclusively responsible for taxes and other governmental assessments (“Taxes”) associated with your use of the Platform, including all Taxes associated with transactions you conduct with your customers. Tristar DMA, LLC may collect Taxes from you as part of the Fees as legally required or as Tristar DMA, LLC deems appropriate, and all Tristar DMA, LLC determinations regarding what Taxes to collect are final. Tristar DMA, LLC may recalculate and collect additional Taxes from you if it determines at any point that they are due. You will indemnify Tristar DMA, LLC for all Claims related to Taxes that are associated with your activities on the Platform, including any Taxes related to your transactions with your customers as further described below. Taxes are nonrefundable.

d. Overdue Amounts. If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for the Services you have purchased, you agree that we may suspend or terminate your use of the Platform and/or delivery of Services and may require you to pay any overdue Fees and other amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.

e. Payment Disputes. You will notify us in writing within sixty (60) days of the date we bill you for any invoiced Fees or charges that you wish to dispute. You must pay all invoiced Fees and charges while the dispute is pending or you waive the right to pursue the dispute. Where you are disputing any Fees or charges, you must act reasonably and in good faith and cooperate diligently with us to resolve the dispute. All Tristar DMA, LLC determinations regarding your obligation to pay invoiced Fees and charges are final.

f. No Refunds or Credits. Except as described below, all Fees assessed by Tristar DMA, LLC are non-refundable. You are solely responsible for any excess Fees incurred by You as a result of an error or omission made by You or a third party. Tristar DMA, LLC does not provide Fee refunds or credits for such errors or omissions, or for partially used or unused Platform or Services subscriptions. If you sign up for a subscription but do not access the Service or Platform, you are still responsible for all Fees during the term of your subscription. Except as may be required by law, Tristar DMA, LLC reserves the right to issue or deny a refund or credit in its sole and absolute discretion, at any time, for any reason, and Tristar DMA, LLC’s determination of if and when to issue or deny a refund or credit is final.

g. Cancellations. You are solely responsible for the cancellation of Services associated with your account, and you will be responsible for all Fees incurred until such cancellation occurs. No refunds will be provided for your failure to properly cancel the Services associated with your account.

h. Your Responsibility For Financial Transactions. You are solely responsible for all financial transactions you and your customers engage in on the Platform or using the Services, including transactions conducted using third party billing tools enabled by the Services. You are exclusively responsible for all chargebacks related to activities of you and your customers, regardless of the reason for the chargeback.

4. Intellectual Property
4.1. Platform Content. The Platform and Platform Content are the property of Tristar DMA, LLC or its licensors and are protected by copyright, trademark and other intellectual property laws, except as indicated below. Platform Content does not include User Contribution(s), as defined below. Tristar DMA, LLC grants you a personal, royalty-free, non-assignable, revocable, and non-exclusive license to access and use the Platform Content while using the Platform for the purpose of making the Platform available to You and Your customers. Any other use, including the reproduction, modification, distribution, transmission, republication, framing, display or performance of Platform Content without prior permission of Tristar DMA, LLC is strictly prohibited.

4.2. Tristar DMA, LLC Marks. Tristar DMA, LLC Marks are trademarks and services marks of Tristar DMA, LLC and may not be used without advance written permission of Tristar DMA, LLC, including in connection with any product or service that is not provided by Tristar DMA, LLC, or in any manner that is likely to cause confusion, or in any manner that disparages, discredits, or misrepresents Tristar DMA, LLC. You may not remove any Tristar DMA, LLC Marks or other proprietary notices, including, without limitation, attribution information, credits, and copyright notices that have been placed on or near the Platform or Platform Content. Other products or company names mentioned on the Platform may be trademarks or service marks of their respective owners. Third-party websites may feature Tristar DMA, LLC Marks, with or without authorization, and such usage of Tristar DMA, LLC Marks does not constitute or imply any approval, sponsorship, or endorsement by Tristar DMA, LLC.

4.3. User Contributions. User Contributions are considered non-confidential and non-proprietary. You grant Tristar DMA, LLC, our service providers and each of their licensees, successors, and assigns the perpetual right to use, reproduce, modify, perform, display, distribute, and otherwise disclose User Contributions to third parties for any purpose. You also grant Tristar DMA, LLC the right to use Your Information and User Contributions to improve the Platform, develop new services, and/or improve Tristar DMA, LLC’s overall product offerings and business model. Tristar DMA, LLC is not responsible or liable to any third party for the content or accuracy of any User Contributions, nor do we endorse the User Contribution of third parties. Tristar DMA, LLC is not responsible for any failure or delay in removing User Contributions that violate the Terms. Tristar DMA, LLC reserves the right to delete or otherwise remove any User Contributions we deem to be in violation of these Terms, with or without notice, at any time, for any reason. You represent and warrant that: (i) You own or control all rights in and to the User Contributions and have the right to grant the license granted above; (ii) All of your User Contributions comply with these Terms; and (iii) You understand and acknowledge that you are responsible for the legality, reliability, accuracy and appropriateness of your User Contribution.

4.4. Prohibited User Contributions. You are prohibited from posting User Contributions on the Platform that: (i) Are unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another’s privacy, or includes graphic descriptions of sexual or violent content; (ii) Victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability, or otherwise; (iii) Infringe any patent, trademark, trade secret, copyright, right of publicity, or other proprietary or intellectual property right of any party; or (iv) Breach the security of, compromise or otherwise allow access to secured, protected or inaccessible areas of the Platform, or attempt to gain access to other networks or servers via your Platform account.

4.5. Feedback. If you provide Feedback, you agree and acknowledge that your submission of Feedback is voluntary, non-confidential, and gratuitous, and Tristar DMA, LLC has no obligation to use the Feedback. You grant Tristar DMA, LLC and its designees a perpetual, irrevocable, non-exclusive, fully-paid up and royalty-free license to use any Feedback you submit to Tristar DMA, LLC without restrictions or payment or other consideration of any kind, or permission or notification to you or any third party. The license includes, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license the Feedback, and all rights therein, in the name of Tristar DMA, LLC or its designees throughout the universe in perpetuity in any and all media now or hereafter known. You represent that the Feedback is your own original work, you have all necessary rights to disclose the Feedback to Tristar DMA, LLC, and neither your disclosure of the Feedback nor Tristar DMA, LLC’s review and/or use of the Feedback will infringe upon the rights of any other individual or entity. If your Feedback is the subject of a patent that is pending or has been issued, You are required to disclose that fact to Tristar DMA, LLC.

4.6. Feedback Waiver. You hereby irrevocably release and forever discharge Tristar DMA, LLC from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against Tristar DMA, LLC with respect to the Feedback, including without limitation how Tristar DMA, LLC directly or indirectly uses the Feedback. You agree that you are responsible for the content of the Feedback and further agree (at Tristar DMA, LLC’s option and at your sole expense) to defend, indemnify, and hold Tristar DMA, LLC harmless from any and all actions, claims, and liabilities, demands, whether absolute or contingent and of any nature whatsoever, damages, losses, costs, fees, fines or expenses, including reasonable attorneys’ fees, which Tristar DMA, LLC may incur as a result of use of the Feedback in accordance with these Terms.

4.7. Copyright; Digital Millennium Copyright Act. If you believe that Your copyrights have been infringed, or that your intellectual property rights have been otherwise violated by a third party’s use of our Platform, you should notify us of your infringement claim in accordance with the procedure set forth below. We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to info@tristardma.com (Subject line: “DMCA Takedown Request”) and mailed to the designated copyright agent address below.

Our designated copyright agent to receive DMCA Notices is:
Tristar DMA, LLC
10022 190th Street Mokena, IL 60448
To be effective, the notification must be in writing and contain the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Platform, with enough detail that we may locate it;
your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. Counter-Notice: If you believe that your User Contribution that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload or display the content in your User Contribution, you may send a written counter-notice containing the following information to the above-listed Copyright Agent:
your physical or electronic signature; identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; a statement that you have a good-faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and your name, address, telephone number, and email address, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our copyright agent, we will send a copy of the counter-notice to the original complaining party, informing that person that Tristar DMA, LLC may repost the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be reposted, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion. We may, at our sole discretion, limit access to the Platform and/or terminate the account of any user who infringes any intellectual property rights of others. Our platform doesn’t come with any warranties—it is provided “as is.”

5. Disclaimers
THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. YOUR USE OF THE PLATFORM IS AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. YOU AGREE THAT Tristar DMA, LLC HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OR FAILURE TO STORE ANY INFORMATION OR CONTENT MAINTAINED OR TRANSMITTED ON OR THROUGH THE PLATFORM.

WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE PLATFORM WILL MEET YOUR REQUIREMENTS, (B) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF THE PLATFORM WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

YOU ACKNOWLEDGE THAT THE INTERNET AND TELECOMMUNICATIONS PROVIDERS’ NETWORKS ARE INHERENTLY INSECURE. ACCORDINGLY, YOU AGREE THAT Tristar DMA, LLC IS NOT LIABLE FOR ANY CHANGES TO, INTERCEPTION OF, OR LOSS OF YOUR DATA WHILE IN TRANSIT VIA THE INTERNET OR A TELECOMMUNICATIONS PROVIDER’S NETWORK.

Tristar DMA, LLC MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY OR THIRD PARTY SERVICES, OR IN CONNECTION WITH THE PLATFORM, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY SERVICES OR CONTENT AVAILABLE ON OR THROUGH THE PLATFORM FROM A THIRD PARTY OR THROUGH THIRD PARTY SERVICES IS PROVIDED SOLELY BY SUCH THIRD PARTY. WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE PLATFORM, INCLUDING ANY SERVICES OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, CHANGES IN THE PRICING STRUCTURE AND THE ADDITION OF FREE OR FEE-BASED SERVICES. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT SERVICES ON THIS PLATFORM SHALL ALSO BE SUBJECT TO THESE TERMS OF SERVICE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION

Any direct damages that Tristar DMA, LLC might owe are capped at the amounts you paid us in the three month period before the act giving rise to the liability. Tristar DMA, LLC is not responsible for any damages that indirectly resulted from an incident.

6. Limitation of Liability, Indemnification, and Mitigation
Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms and your use of the Platform or the Services shall be limited to the amount you paid us for Services purchased on the Platform during the three (3) month period before the act giving rise to the liability.
IN NO EVENT SHALL TRISTAR DMA, LLC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM MALICIOUS CODE, LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PLATFORM OR THIRD PARTY SERVICES OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THE PLATFORM.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY SERVICES OR DISRUPTIONS THEREOF, OR THIRD PARTY PROMISES AND/OR STATEMENTS REGARDING OUR PLATFORM SERVICES OR CONTENT OR FOR TRANSACTIONS WITH THE THIRD PARTY THROUGH THE PLATFORM, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

You agree to defend, indemnify, and hold Tristar DMA, LLC harmless against all demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs or expenses (including without limitation reasonable attorneys’ fees and the costs of any investigation) directly or indirectly arising from or in any way connected with your use of the Platform (“Claims”), including, but not limited to: (a) our use of or reliance on information or data supplied or to be supplied by you, your employees, agents, or customers; (b) any breach of or default under these Terms by you, your employees, agents, or customers; (c) the wrongful use or possession of any Tristar DMA, LLC property by you, your employees, agents, or customers; (d) any negligence, gross negligence or willful misconduct by you or your employees, agents, or customers; (e) misrepresentations by you, your employees, agents, or customers (f) violation(s) of applicable law by you, your employees, agents, or customers, (g) your actions and the actions of your employees, agents, or customers; (h) the acts or omissions of you, your employees, agents, or customers in connection with providing notice and obtaining consents regarding the origination or content of the SMS or MMS messages, email or other communications using the Services, (i) Taxes and other Fees and/or (j) any disputes between (1) you and other users (2) you and your client(s) and/or (3) your customers.
If the Platform is found to violate any third-party intellectual property right, at our option we may: (a) obtain the right for you to continue to use the Platform as contemplated by these Terms; (b) modify or replace the Platform, in whole or in part, to seek to make the Platform non-infringing; or (c) require you to immediately cease any use of the Platform..

7. Limitation On Time To File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM MUST BE COMMENCED WITHIN THREE (3) MONTHS AFTER THE EVENT GIVING RISE TO THE ACTION OR CLAIM OCCURRED, REGARDLESS OF WHEN YOU KNEW OR SHOULD HAVE KNOWN ABOUT IT; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

08. Injunctive Relief
You agree that a breach of these Terms will cause irreparable injury to Tristar DMA, LLC for which monetary damages would not be an adequate remedy, and Tristar DMA, LLC shall be entitled to seek equitable relief, in addition to any remedies it may have hereunder or at law, without having to post a bond or other security.

09. Waiver And Severability
You agree that a breach of these Terms will cause irreparable injury to Tristar DMA, LLC for which monetary damages would not be an adequate remedy, and Tristar DMA, LLC shall be entitled to seek equitable relief, in addition to any remedies it may have hereunder or at law, without having to post a bond or other security.
No waiver by Tristar DMA, LLC of a term or condition set forth in these Terms shall be deemed a continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Tristar DMA, LLC to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

10. Change of Control
Tristar DMA, LLC may assign its rights under these Terms at any time, without notice to you. You may not assign your rights under these Terms without Tristar DMA, LLC’s prior written consent which may be withheld at Tristar DMA, LLC’s sole discretion.

11. Entire Agreement
Except as noted below, these Terms constitute the sole and entire agreement between you and Tristar DMA, LLC with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform. These Terms may not be altered, supplemented, or amended by the use of any other document(s) unless such document is signed by an authorized representative of Tristar DMA, LLC.
Tristar DMA, LLC may enter into a separate agreement with you. The terms of any separate agreement between you and Tristar DMA, LLC will be considered a part of your entire agreement with Tristar DMA, LLC. To the extent there is a conflict between these Terms and the terms of your separate agreement with Tristar DMA, LLC, your separate agreement with Tristar DMA, LLC will control.

12. Term and Termination
These Terms will remain in full force and effect so long as you maintain a Platform Account. The sections of these Terms that are intended to survive termination of your Platform Account will remain binding even after you are no longer a Platform user.
a. Grounds for Termination. You agree that Tristar DMA, LLC, in its sole discretion, may suspend or terminate your access to the Platform (or any part thereof) for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom. Any suspected fraudulent, abusive or illegal activity may be grounds for barring your access to this Platform, and reporting you to the proper authorities, if necessary. Tristar DMA, LLC reserves the right to delete Platform Accounts that have remained inactive for at least one (1) year.
b. No Right to Services Upon Termination. Upon termination and regardless of the reason(s) motivating such termination, your right to use the Platform will immediately cease. Tristar DMA, LLC is not liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us with regards to your Platform access.
c. How to Terminate or Make Adjustments. If you, for any reason, would like to terminate your access to the Platform or make adjustments, Tristar DMA, LLC requires written notice at least 30 days before your next billing date.
d. No Termination by Third Party Users. Tristar DMA, LLC has limited access to subscriptions not directly purchased from us. Any user who has been given access to the Platform by any party other than Tristar DMA, LLC must contact the party who originally provided access to the Platform for any inquiries related to termination.
e. Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of the Platform or any associated product or service through the Platform arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above. Tristar Digital Media shall not be liable for, nor considered to be in breach under this Agreement due to, delay or failure to perform under this Agreement as a consequence of any conditions that are beyond Tristar Digital Media’s reasonable control after exercising commercially reasonable efforts.

13. GOVERNING LAW/CIVIL LAWSUIT. This Agreement shall be governed by and under the laws of the State of Illinois without regard to conflict of laws principles.

Tristar Digital Media may file a lawsuit in a court of competent jurisdiction in order to collect payments due from Client pursuant to this contract. If Client breaches this Contract (including, without limitation, due to Client’s failure to make timely payment), Client shall be required to reimburse Tristar Digital Media’s and its affiliates’ costs and reasonable fees incurred in the enforcement of this Contract. In any case, should Tristar Digital Media file a civil lawsuit, THE MAKING OF CLAIMS OR RESOLUTION OF DISPUTES PURSUANT TO THIS CONTRACT SHALL BE IN EACH CLIENT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. CLIENT AGREES THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW; (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS AGREEMENT WILL BE RESOLVED INDIVIDUALLY IN THE FORUM DESIGNATED IN THIS SECTION, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND (2) IF TRISTAR DIGITAL MEDIA IS THE PREVAILING PARTY, TRISTAR DIGITAL MEDIA SHALL INCLUDE BUT NOT LIMITED TO ALL OF THE FILING FEES AND RELATED ADMINISTRATIVE COSTS, REASONABLE ATTORNEY’S FEES, ADMINISTRATIVE AND OTHER COSTS OF ENFORCING THIS AGREEMENT, INCLUDING THE COSTS OF SUBPOENAS, DEPOSITIONS, TRANSCRIPTS AND THE LIKE, WITNESS FEES, PAYMENT OF REASONABLE ATTORNEY’S FEES, AND SIMILAR COSTS RELATED TO COLLECTING AN AWARD, WILL BE ADDED TO, AND BECOME A PART OF, THE AMOUNT DUE PURSUANT TO THIS AGREEMENT.BY EXECUTING THIS AGREEMENT, CLIENT AGREES TO SUBMIT TO THE JURISDICTION OF ILLINOIS COURTS, SPECIFICALLY COURTS LOCATED IN THE CIRCUIT COURT OF WILL COUNTY, ILLINOIS. CLIENT FURTHER AGREES THAT IN THE EVENT OF A LAWSUIT IN WHICH THE CLIENT IS THE PREVAILING PARTY, CLIENT DAMAGES ARE LIMITED TO ONLY THE SUM OF MONEY TENDERED BY CLIENT TO TRISTAR DIGITAL MEDIA.

14. CREDIT CARD DISPUTES AND CHARGEBACKS Client agrees to pay a total of $500.00 for any credit card dispute attempts, plus all collection and legal fees until the complete amount is paid in full. This shall not serve as a penalty, but as a fee for extra labor to research and submit additional paperwork for the credit card processor in order for Tristar Digital Media to rebut and fight such action. If at any point in time Client requests a chargeback from their credit card company, Tristar Digital Media reserves the right to use any and all correspondence with Client to prove the legitimacy of the transaction. Some examples of correspondence may include, but is not limited to the following documents: (a) any and all signed agreements, whether signed via E-Sign or in person; (b) receipts of purchase; (c) receipts of down payment; (d) receipt of any payment for the specific charge; (e) delivery documentation should any claim refer to any services not being rendered or goods not being delivered; (f) the Client’s IP Address showing what computer signed the agreement via E-Sign and where; and (g) any and all other correspondence regarding the Client’s transaction to evidence services being rendered, proving the legitimacy of the transaction. Should Tristar Digital Media discovery documentation provide sufficient evidence of a false chargeback, Client shall be liable for any and all fees and expenses incurred during the dispute resolution, plus the $500.00 fee listed above.

15. NO GUARANTEE OF SUCCESS THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TRISTAR DIGITAL MEDIA MAKES NO PREDICTIONS, WARRANTIES, OR GUARANTEES, EXPRESS OR IMPLIED, ABOUT THE QUALITY OF ANY OF THE SERVICES PROVIDED BY TRISTAR DIGITAL MEDIA, ANY CREATOR, OR OTHER INDIVIDUAL, COMPANY, OR SERVICE PROVIDER UTILIZING THE SERVICES OR FEATURED ON THE SERVICES AND ASSUMES NO LIABILITY RELATED THERETO. TRISTAR DIGITAL MEDIA MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING BRAND’S POTENTIAL EARNINGS OR ANY SALES GENERATED FROM THE SERVICES, WHICH WILL BE INFLUENCED BY A NUMBER OF FACTORS BEYOND THE CONTROL OF TRISTAR DIGITAL MEDIA. IT IS POSSIBLE THAT BRAND WILL NOT EARN ANY MONEY OR INCREASE IN SALES AT ALL.

16. MISCELLANEOUS. This Agreement may not be assigned by Client without the prior written consent of Tristar Digital Media which may be withheld or denied by Tristar Digital Media in its sole and absolute discretion. The terms and conditions of this Agreement shall insure to the benefit of and be binding upon the successors and permitted assigns of the parties hereto. The prevailing party in any suit, action or proceeding (including, but not limited to, an arbitration proceeding) arising out of or in connection with this Agreement, shall be entitled to an award of reasonable attorneys’ fees, costs and disbursements incurred by it in connection therewith. Any failure by Tristar Digital Media to insist upon strict compliance with any of the terms, covenants or conditions of this Agreement shall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any right or power hereunder at any one or more times be deemed a waiver or relinquishment of such right or power at any other time or times. All previous communications about the subject matter of this agreement, either oral or written, are hereby abrogated and withdrawn, and this agreement constitutes the entire agreement between Client and Tristar Digital Media with regard to the subject matter hereof. No terms, conditions, understandings, or agreements purporting to modify or vary the terms of this document shall be binding unless hereafter made in writing and signed by both Client and Tristar Digital Media. There are no third-party beneficiaries of or to this Agreement or any of the provisions hereunder. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which shall constitute one and the same instrument. Any signature to this Agreement that is transmitted by fax or email transmission shall be considered an original signature for all purposes. It is the intent of the parties hereto that all provisions of this Agreement shall be enforced to the fullest extent possible. If, however, any provision of this Agreement is held to be illegal, invalid, or unenforceable under present or future law, and not subject to reformation, then such provision shall be fully severable, and this Agreement shall be construed and enforced as if such provision was never a part of this Agreement. The rule of construction that an ambiguity in a contract will be construed against the drafter is hereby waived by both parties hereto.

17. Communications and Contact Information
All notices to a party shall be in writing and shall be made via email. Notices to Tristar DMA, LLC must be sent to info@tristardma.com. You agree to allow us to submit notices to you either through the email address you provided when registering, or to any address we have on record. Notices are effective on receipt.
Tristar DMA, LLC may contact you regarding these Terms using any information you provide, or by any other means if you do not provide contact Information. If you no longer wish to receive communications from Tristar DMA, LLC, you can click on the “unsubscribe link” provided in such communications or contact us at info@tristardma.com.
When you create a Platform account, you must designate a primary email address that will be used for receiving electronic communication related to these Terms. Tristar DMA, LLC will never send you an email requesting confidential information such as account numbers, usernames, or passwords, and you should never respond to any email requesting such information. If you receive such an email purportedly from Tristar DMA, LLC, do not respond to the email and notify Tristar DMA, LLC by emailing us at.
For all other feedback, comments, requests for technical support, and other communications relating to the Platform or the Terms, please contact us at or by mail at:
Tristar DMA, LLC Inc.
10022 190th Place
Mokena, IL 60448

18. Definitions
18.1. “Communication Surcharges” means any applicable communications service or telecommunication provider (e.g., carrier) fees or surcharges related to your use of the Platform.
18.2. “Feedback” means ideas You provide to Tristar DMA, LLC regarding improvements, enhancements, new features, new products, or other concepts related to the Platform, Services, or other matters related to Tristar DMA, LLC’s business.
18.3. “Fees” means any fees associated with the Platform, including but not limited to the monthly subscription services fee and any fees associated with add-in Services that you may purchase.
18.4. “Tristar DMA, LLC Marks” means the Tristar DMA, LLC name and related logos and service marks of Tristar DMA, LLC.
18.5. “Information” means data about You and Your customers that Tristar DMA, LLC collects on the Platform, including but not limited to information required to create a Platform Account and use the Platform for the intended purpose.
18.6. “Login Credentials” means the username and password used to access your Platform Account.
18.7. “Platform” means any Services, Training, content, functionality, communication channels, and software or other services or features offered to customers on or through Tristar DMA, LLC’s website or mobile application.
18.8. “Platform Account” means the account you created in order to access and use the Platform.
18.9. “Platform Content” means content, data, features, and functionality, including but not limited to text, graphics, videos, logos, button icons, databases, music, sounds, images, or other material that can be viewed on the Platform. Platform Content does not include User Contributions.
18.10. “Prohibited Conduct” means the behaviors described in Section 3.
18.11. “Services” means the variety of product integrations and services that Tristar DMA, LLC makes available on the Platform. Services may include Third Party Services.
18.12. “Sub-Account” means a subscription for one business under a Platform Account.
18.13. “Third Party Content” means content, promotions or offers provided by third parties or links to external third-party websites that may be accessible on the Platform.
18.14. “Third Party Services” means any Services or other services owned and provided by a third party vendor that Tristar DMA, LLC makes available to You as a Service on or through the Platform.
18.15. “Training” means any training, information or suggested usages conveyed by Tristar DMA, LLC about the Platform.
18.16. “User Contributions” means content or materials that you post, submit, upload, publish, display, or transmit on or through the Platform or to Tristar DMA, LLC directly.
18.17. “You” or “you” or any derivatives thereof means the individual who accepted the Terms or the business entity that the individual represents. “You” also includes any and all agents, employees, or third parties that are authorized to act on your behalf.