Welcome to the Resource Media Suite Tool Kit (RMS Tool Kit). This document outlines the terms and conditions under which you may use our website, mobile application, and other associated online services (collectively referred to as the “Site” or “Services”). By accessing or using our Site and Services, you are agreeing to these terms. It’s essential to read and understand them. If you disagree with any part of these terms, you should stop using our Site and Services immediately.

Target Stream Media is a reseller of HighLevel LLC and BrightLocal which provides Target Stream the ability to deliver these marketing services incorporated into the RMS Tool Kit.

1. Amendments and Changes to Terms: At Target Stream Media, we continuously evolve, and as such, we may need to change these Terms of Service from time to time. We’ll always make the most recent version of these Terms available on our Site. If you continue to use our Site and Services after we’ve made changes to these Terms, it means you accept those changes. We encourage you to check back regularly to stay informed.
2. Privacy Policy and Additional Terms: Your privacy is of utmost importance to us. Our Privacy Policy, which details how we handle your personal information, is an integral part of these Terms. By agreeing to these Terms, you also agree to our Privacy Policy. Additionally, some areas of our Site may have additional terms and conditions. When you access these areas, you agree to abide by those additional terms.
3. Registration, Account Security, and Access Controls: When you register with us, it’s crucial to provide accurate and up-to-date information. You are solely responsible for the security of your login details, including your username and password. Always keep them confidential. We have the right to accept or decline any registration requests, and we can also revoke registration based on our discretion.
4. Intellectual Property Rights:
   1. General Use: Everything you see on our Site, from text to images, is either our intellectual property or that of our partners or licensors. We grant you a limited license to use our Site and Services for personal, non-commercial purposes unless we authorize it.
   2. Redistribution: There might be instances where we allow you to share specific content from our Site. However, remember that we can revoke this permission at any time.
   3. Commercial Licenses: If you wish to use our content for commercial purposes, you must first obtain permission from us.
5. Legal Complaints and Contact Information: If you believe that any content on our Site violates copyright or other intellectual property rights, please reach out to us at our designated email address, info@targetstream.net . We take such matters seriously and will address them promptly.
6. User-Generated Content: When you submit content to our Site, be it text, images, or any other form, you grant us a license to use that content. This license is worldwide, non-exclusive, and doesn’t require us to pay you any fees.
7. Accuracy and Third-Party Content: We always aim to provide accurate information on our Site. However, we can’t guarantee that everything is correct all the time. Additionally, we are not responsible for the content or accuracy of third-party websites linked from our Site.
8. Fee-Based Services and Trials: Some of our Services may come with a fee. If you choose to use these Services, you agree to pay the associated costs. We might also offer trial periods for some of our Services. If not canceled, these trials may automatically convert to paid subscriptions at the current rate.
9. AI (Artificial Intelligence) usage: We do use artificial Intelligence not only on our website, but also within most if not all our products. We cannot promise that all our AI will be without blemish. AI is always a work in progress like we are, as it learns it gets better and better. We will not be held liable for any damages or losses you might experience while using our Site, or our services, which in most cases, utilize AI technology. The only exception is in cases where we’ve acted with the intention of misconduct.
10. Services – Target Stream provides a multitude of products integration and services for users on our Site, which you may subscribe through our Site.
    1. Additional Fees- Some of the services on the Site including but not limited to: Phone, SMS/MMS, AI Chat Widgets, GenAI services and other integrations will incur on going data charges or charges bases on usage. These Data Charge Rates will be equal to those provided by Twilio.com. These data charge rates can be view @ https://targetstream.net/data/  Additional Data Charges will be billed monthly as used when there is an overage of the subscription package data credit.
    2. No Guarantee – Although Target Stream works hard to provide quality Services, you understand and acknowledge that we cannot promise or guarantee specific results from using the Site or Services available on this site.
    3. Temporary Interruptions – You understand and agree that temporary interruptions of the Site may occur given our uptime SLA is 90%. You also understand and agree that we have no control over the third-party networks or service(s) that we may use to provide you with Services. You agree that the Services available on this Site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery, interruption, or failure to store any user communications or personalization settings.
    4. Right to Modify the Services – We reserve the right to implement new elements as part of the Services including changes that may affect the previous mode of operation of the Services. We believe that any such modifications will enhance the overall Services, but it is possible that your opinion may vary.  
    5. No Contingency on Future Releases and Improvements – You understand that your purchase of the Services on our Site is not contingent on the delivery by us of any future release of any functionality or feature, including without limited to, the continuation of a certain service beyond its current subscription term or third party services or dependent on any public comments we make, regarding any future functionality or feature. 
       

11. Payment
    1. Fees – Any charges incurred by your purchase or use of the Services, will be billed to the credit card we have on file.  In the event you sign up for a Service that is ongoing and incurs reoccurring charges (such as Data Charges), such charges will be billed in advance of service or monthly as used. You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address and telephone number, and to provide us with any changes in such information within 10 days of the change.
    2. Overdue Amounts – If, for any reason, your credit card declines or otherwise you refuse to pay the amount owed for the Services you have purchased, you agree that we may suspend or terminate performance of Services or delivery of products and may require you to pay any overdue amounts incurred (including any third-party charge back 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.
    3. All Subscriptions Non-refundable – Except as described below, all fees paid for the Services provided on our Site are non-refundable, and no prorated refunds or credits will be offered for partially used subscriptions. However, if we issue a refund or credit in one instance, we are under no obligation to issue the same refund or credit in the future.
       1. We reserve the right to issue refunds or credits at our sole discretion in the following situations:
       2. Where we materially modify Terms of Service, Privacy Policy during a billing period and such modification adversely affects you, we may refund a portion of your subscription fee equal to the remaining unused term, as we determine appropriate or as may be required by applicable law. To be eligible for a refund, you must provide written notice which must (a) identify your account and (b) request cancellation of the specific Service. The cancellation will be effective upon our receipt of your notice and our determination that you are authorized to effect such cancellation. Please refer to the section, “How to Send Notices to Target Stream,” below on how to provide notice to us. As noted in the section, “Services,” where a modification or interruption adversely affects you and alternative remedies are not available, we may refund a portion of your paid subscription fee equal to the remaining unused term of your subscription, as we determine appropriate or as may be required by applicable law. 

12. Acceptable Use Policy: We expect all our users to behave respectfully and lawfully when using our Site and Services. Any actions that infringe upon the rights of others or are deemed abusive, misleading, or harassing are strictly prohibited.
13. Site Conduct, Posting Policies & Third-Party Websites
    1. User-Created Content Guidelines – Your use of the Site is subject to all applicable laws and regulations, and you are solely responsible for any comments or posts you leave on the Site. By posting information on the Site, or by otherwise using any communications service, message board, newsgroup, or other interactive service available on the Site, you agree that you will not post comments, messages, links, code or other information that:
       1. is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another’s privacy, or includes graphic descriptions of sexual or violent content;
       2. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

• infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;

1. consists of unsolicited advertising, junk or bulk email (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
2. contains any form of malicious code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or otherwise causes damage, or allows you to obtain unauthorized access to any data or other information of any third party;
3. breaches the security of, compromises or otherwise allows access to secured, protected or inaccessible areas of this Site, or attempts to gain access to other network or server via your account on this Site;

• impersonates any person or entity, including any of our employees or representatives.
• At our sole discretion, Target Stream may choose to unpublish or otherwise make not available for public viewing, any material we deem unnecessary for use of our Site.

14. User customization. Target Stream platform within our Site may be modified by users, incorporating the users’ name, logo, trademark, and color scheme into user’s individual access area within our Site, and/or by otherwise applying a user-built code on top of Target Stream platform. You are solely responsible for copyright, trademark or other intellectual property concerns connected with your customized look and feel of our Site. You acknowledge that you may not be able to customize our Site according to your unique branding to the extent that your customization would appear to be independently developed. 

15. No Endorsement – Target Stream neither endorses nor assumes any liability for any material uploaded or submitted by users on any part of the Site. Although we do not pre-screen, police or monitor comments posted on our Site, we and our agents reserve the right to remove any and all postings that we feel do not comply with these Terms and any other rules of user conduct for our Site, or are otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such postings.

16. Third-Party Sites and Information – This Site may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time such sites may contain information, material or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Site or party by us, or any warranty of any kind, either express or implied.
    

17. Content You Create

1. Your Intellectual Property Rights– You own and retain all rights to your data and your code for customizing Target Stream platform. You grant us and our applicable third parties to use your data as necessary to provide the Services to you and as permitted by this Agreement and our Privacy Policy.  If you are using the Services on behalf of another party, then you represent and warrant that you have all sufficient and necessary rights and permissions to do so. Subject to the limited license granted, we acquire no right, title or interest from you or your licensors under this Agreement. 
2. We respect the intellectual property rights of others, and we ask you to do the same. In instances where we are notified of alleged infringement, Target Stream or User Content through our Designated Agent, a decision may be made to remove access or disable access to such materials, in compliance with the safe harbor provisions of the Digital Millennium Copyright Act,17 U.S.C. § 512(c). We may also make a good faith attempt to contact the person who submitted the affected material so that they may make a counter-notification.
3. If you believe that you or someone else’s copyright has been infringed by Target Stream or User Content provided on this Site, you (or the owner or rights holder, collectively, “Rights Holder”) should send notification to our Designated Agent immediately. Prior to sending us notice, the Rights Holder may wish to consult a lawyer to determine their rights and legal obligations under the DMCA and any other applicable laws. Nothing here or anywhere on this Site is intended as a substitute for qualified legal advice. To file a Notice of Infringing Material, we ask that the Rights Holder provide the following information:
4. Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works. This should include, title(s), author(s), any U.S. Copyright Registration number(s), URL(s) etc.;
5. Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the Rights Holders’ work(s) (for example, file name or URL of the page(s) that contain(s) the material);
6. The Rights Holder’s contact information so that we can contact them (including for example, the Rights Holder’s address, telephone number, and email address);
7. A statement that the Rights Holder has a good faith belief that the use of the material identified above in 2 is not authorized by the copyright owner, its agent, or the law;
8. A statement, under penalty of perjury, that the information in the notification is accurate and that the Rights Holder is authorized to act on behalf of the copyright owner; and
9. The Rights Holder’s electronic signature.
10. Notice may be sent to: By e-mail: info@TargetStream.net

18. Data Stored on the RMS Tool Kit Servers – Subject to our Privacy Policy (https://targetstream.net/privacypolicy/ ), you agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this Site. You acknowledge that we reserve the right to remove or terminate accounts which have not paid a subscription fee, that remain inactive for longer than 1 year, or in cases where you have violated one or more terms of this Agreement.

19. Privacy & Security 

1. Login Required – In order to access some of the Services on this site, you may be asked to set up an account and password. Our account registration page requests certain personal information from you (“Registration Info”). You will have the ability to maintain and periodically update your Registration Info as you see fit. By registering, you agree that all information provided by you as Registration Info is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.
2. Passwords & Security – If you register for an account on the Site, you agree that you are responsible for maintaining the security and confidentiality of your password, and that you are fully responsible for all activities or charges that are incurred under your account. Therefore, you must take reasonable steps to ensure that others do not gain access to your password and account. Our employees will never ask you for your password.
3. Non-Transferability of User Account – User Accounts are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Web Site with his or her password. You may not assign these Terms, in whole or in part, or delegate any of your responsibilities hereunder to any third party. Any such attempted assignment or delegation will not be recognized by Target Stream unless acknowledge by Target Stream in writing. Target Stream has no obligation to provide you with written acknowledgment. Target Stream may, at any time and in its sole discretion, assign these Terms, in whole or in part, or delegate any of our rights and responsibilities under these Terms to any third party or entity.
   

20. Disclaimers

1. ALL CONTENT AND SERVICES ON THIS SITE ARE 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. 
2. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE CONTENT, SERVICES OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT OR SERVICES OFFERED WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY CONTENT OR SERVICES PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
3. THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR PRODUCTS AVAILABLE AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR PRODUCTS.
4. THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY PRODUCTS OR CONTENT THROUGH THIS SITE IS DONE 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.
5. WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE SITE, 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, THE ADDITION OF FREE OR FEE-BASED SERVICES. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT SERVICES ON THIS SITE SHALL ALSO BE SUBJECT TO THESE TERMS OF USE.
6. 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.

21. Termination and Account Deletion: We value our community, but we reserve the right to restrict access, terminate accounts, or remove content if we believe there’s a violation of these Terms or any other misconduct.
22. Limitation of Liability & Indemnification – Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms and your use of this Site shall be limited to the amount you paid us for Services purchased on the Site during the 3 month period before the act giving rise to the liability.
    1. IN NO EVENT SHALL WE OR OUR AFFILIATES 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 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 THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE.
    2. FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES REGARDING OUR SERVICES OR CONTENT OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH THE THIRD PARTY THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
    3. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
       

23. Termination of Use
    

1. Grounds for Termination – You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for barring your access to this Site, and reporting you to the proper authorities, if necessary.
2. No Right to Services Upon Termination – Upon termination and regardless of the reason(s) motivating such termination, your right to use the Services available on this Site will immediately cease. We shall not be 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 in connection therewith. Sections 1 and 3-11 of these Terms, as well as your liability for any unpaid fees, shall survive any termination.
3. How to Terminate or Make Adjustments – If you, for any reason, would like to terminate your access to our Site or make adjustments, Target Stream require written notice at least 30 days before your next billing date.

24. Governing Law and Jurisdiction: Any disputes related to these Terms, or our Services will be governed by the laws of the State of North Carolina. If a dispute arises, it will be resolved through arbitration in Wilmington N.C.
25. Miscellaneous Provisions: These Terms, along with any other policies or terms we reference, represent the entire agreement between you and RMS Tool Kit. They supersede any prior agreements or understandings.