TERMS AND CONDITIONS
Effective Date: June 7, 2021
This user agreement explains the terms and conditions (the “Terms”) that apply to purchases of products and services from Capital Retail Solutions, Inc. d/b/a CAPITAL RETAIL SOLUTIONS and its affiliates (collectively, “CAPITAL RETAIL SOLUTIONS”), including through the CAPITAL RETAIL SOLUTIONS retailer portal, available at www.capitalretailsolutions.com (the “Portal”). By opening an account, purchasing products and/or using services from CAPITAL RETAIL SOLUTIONS, the retailer and account owner (the “Retailer” or “you”) agrees to these Terms. This is an enforceable legal agreement between you and CAPITAL RETAIL SOLUTIONS. The Terms include a provision for dispute resolution that includes an agreement for arbitration and class action waiver. The Terms are subject to change at any time without prior notice. Please check the Portal regularly to ensure that you have reviewed and understand the current Terms.
CAPITAL RETAIL SOLUTIONS provides closed loop long distance telephone and top-up (or recharge) service, closed loop prepaid gift cards, and bill pay services. References herein to “cards” are to virtual, not physical, cards.
Access to the Portal. A login and password may be assigned to enable you to access and use certain portions of CAPITAL RETAIL SOLUTIONS. Anyone using the assigned login and password will be regarded as an authorized user in a manner consistent with the Terms. The assigned login and password is the sole responsibility of the customer regardless of whether or not the access and use of CAPITAL RETAIL SOLUTIONS is actually authorized by the account owner. You should not share your credentials with anyone and agree to promptly notify CAPITAL RETAIL SOLUTIONS if you believe your credentials are lost, stolen, or you believe they may be otherwise compromised in any manner. Portal services and support are provided by Logical Telecom, L.P.
Closed Loop Telephone and Top-up Services. For telephone long distance and top-up services, a customer account must be opened with sufficient balance. Acceptable forms of payment include credit card and debit card. The customer account will be credited in real time based on approval of the transaction. All charges incurred will be deducted automatically from the account. Any amounts loaded onto the account are not transferable or refundable. No refunds will be given for returned, expired, lost, damaged, or stolen cards. CAPITAL RETAIL SOLUTIONS reserves the right to collect the full amount due if the form of payment is cancelled, disabled, discontinued or otherwise dishonored after using the service.
All calls from the originating number(s) on the registered account will be charged to the customer account and must be paid in full. Rates and prices associated with calls are subject to change at any time without prior notice. The customer is responsible for any additional fees including but not limited to taxes, regulatory surcharges and access fees associated with the use of service.
Closed Loop Gift Cards. Retailers also may purchase and add funds to closed loop gift cards, which CAPITAL RETAIL SOLUTIONS sells and services through the Portal. The cards offered by CAPITAL RETAIL SOLUTIONS are issued by the retailer or service provider identified on the card, who is the sole obligor to the customer or other user of the cards. CAPITAL RETAIL SOLUTIONS is not the issuer and has no ongoing obligation or liability to redeem or otherwise provide services in connection with the cards.
Bill Pay Services. For bill pay, Retailers may access the Portal and, when doing so, act as an agent on behalf of CAPITAL RETAIL SOLUTIONS and its principals to accept and process payment for utility bills on behalf of Retailer’s customers. CAPITAL RETAIL SOLUTIONS accepts bill payments on the Portal pursuant to contracts with utility companies and as their own agent or sub-agent to allow your customers to pay utility bills that you process through the Portal. Upon successful processing of utility bills through the Portal, those bills are deemed paid by customer given CAPITAL RETAIL SOLUTIONS’s role as agent or sub-agent with the payee utility companies and the customer has no further risk or obligation. However, CAPITAL RETAIL SOLUTIONS and its principals, including the utility companies, bear no responsibility or obligation to Retailer or customers for bills rejected by the Portal or where payment is not accepted or completed for any reason.
Retailer Obligations. Retailer agrees to follow all applicable policies and procedures posted on the Portal or otherwise provided by CAPITAL RETAIL SOLUTIONS. Retailer agrees to only use the scripts, disclosures, and advertising materials provided by CAPITAL RETAIL SOLUTIONS through the Portal or otherwise in offering products and processing payments and purchases through the Portal.
Retailer Representations and Warranties. Retailer represents and warrants that (a) it is duly organized and validly existing under the laws of the jurisdiction in which it was formed; (b) it has all requisite organizational power and authority to perform under these Terms; (c) it will comply with all applicable federal, state, and local law and regulations; (d) it will use commercially reasonable measures to limit fraud and illegal robocall activity in connection with sale of products on and through the Portal; (e) that it will promptly notify CAPITAL RETAIL SOLUTIONS of any suspected fraudulent activity, including any illegal robocall activity, in connection with the Portal and CAPITAL RETAIL SOLUTIONS’s products and services; and (f) it will not infringe any patent, trademark, copyright, or similar proprietary right or intellectual property of CAPITAL RETAIL SOLUTIONS.
Payments. If Retailer fails to pay CAPITAL RETAIL SOLUTIONS amounts due, in addition to all rights and remedies available under the Terms and applicable law, CAPITAL RETAIL SOLUTIONS may at its sole discretion, charge a late payment charge of up to 1.5% per month, subject to limits imposed by applicable law.
Consent to Communications. By using the Portal and agreeing to these Terms, Retailer consents to receive telephone calls, emails, or other electronic messages from CAPITAL RETAIL SOLUTIONS and its affililiates and service providers at the number and email address provided when your account is opened on the Portal. Retailer may revoke consent at any time, but recognizes that this may impact Retailer’s ability to participate in the Portal and continue to do business with and through CAPITAL RETAIL SOLUTIONS.
Intellectual Property Rights. All logos, symbols and intellectual property contained on www.capitalretailsolutions.com, the Portal, and/or related advertising collateral are property of CAPITAL RETAIL SOLUTIONS. CAPITAL RETAIL SOLUTIONS services cannot be commercially resold. CAPITAL RETAIL SOLUTIONS is a registered trademark of Quadrant Distribution LLC.
Third-Party Claims Arising from Retailer Use of the Portal. CAPITAL RETAIL SOLUTIONS shall not be responsible for any third-party claims that arise from the use of the Portal, the services and/or the customer account. This includes the processing of bill pay requests. All costs and expenses related to the defense of any such claims, including attorneys’ fees, unless such claims are determined to be the misconduct or gross negligence of CAPITAL RETAIL SOLUTIONS, shall be the full responsibility of the RETAILER / account owner. This provision will remain in force after the termination or expiration of the TERMS.
Limitation of Liability. Under no circumstances shaLL CAPITAL RETAIL SOLUTIONS, its affiliates, agents, partners, directors, officers, members and employees be liable for any indirect, special, punitive or consequential damages from any cause, action or claim relating to THE PORTAL, the service, www.capitalretailsolutions.com, and/or the underlying SERVICES ISSUED BY THE SERVICE PROVIDER. CAPITAL RETAIL SOLUTIONS is not responsible for loss of revenue, lost profits, lost use, data, or goodwill or for lost business opportunities of any kind or nature whatsoever.
CAPITAL RETAIL SOLUTIONS will not be responsible for any delay, failure in performance, loss or damage due to fire, explosion, power blackout, earthquake, volcanic action, flood, the weather elements, strike, embargo, labor disputes, civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, or other causes beyond.
Termination and Changes to the Terms. Without prior notice, CAPITAL RETAIL SOLUTIONS may immediately terminate the Terms or revoke any or all of your rights granted under these Terms. Upon any termination of these Terms, CAPITAL RETAIL SOLUTIONS may immediately revoke all customer accounts including any assigned login and password(s). Any termination of these Terms shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. CAPITAL RETAIL SOLUTIONS reserves the right to suspend or terminate your user account if any fraudulent or unlawful activity, including robocall activity, is detected.
Dispute Resolution -- IMPORTANT - READ CAREFULLY
Except where you or CAPITAL RETAIL SOLUTIONS choose to pursue an individual claim in small claims court consistent with the jurisdictional limits, any Dispute shall be determined by arbitration before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. Judgment may be entered in any court having jurisdiction. More information about JAMS’ and how to initiate arbitration is available at: https://www.jamsadr.com/adr/.
Any arbitration will be initiated in and take place in San Antonio, Texas or, at your choice, in the county where you reside, as determined based on your address on file with CAPITAL RETAIL SOLUTIONS. You may, at your election, also agree to arbitrate on written papers or by telephone. This Dispute Resolution agreement survives the termination of any agreement between you and CAPITAL RETAIL SOLUTIONS.
Governing Law. Although the Dispute Resolution provision is governed by the Federal Arbitration Act, these Terms and any Dispute are otherwise governed by the laws of the State of Texas. Please send any questions or correspondence regarding this user agreement, the Portal or https://www.capitalretailsolutions.com website to:
CAPITAL RETAIL SOLUTIONS
5704 Lonetree Blvd.
Rocklin, CA, 95765