RETAIL SOLUTIONS LLC TERMS OF SERVICE
Last Modified: 20 May 2019
Thank you for using Retail Solutions LLC (“Retail Solutions” or “us,” “we” or “our”). These Terms of Service (“Terms”) govern the use of Retail Solutions on any online platform through which you access our website or service offerings.
These Terms represent a binding contract between you and Retail Solutions, and by creating an account or otherwise accessing or using Retail Solutions, you expressly agree to be bound by them. These Terms affect your rights and designate the governing law and forum for the resolution of any and all disputes. If you do not agree to be bound by the Terms, you may not use Retail Solutions.
Retail Solutions provides order processing and order fulfillment services (the “Services”).
If you create an account, we require you to provide information about yourself, including your email address and a password (“Account Information“).
You agree that we may send communications to your email address for customer service, confirmations, product offers and other matters. You may choose to opt out of much of this email correspondence by using the links at the bottom of the emails. Please note that even if you opt out, we will still send you account-related emails, such as purchase confirmation and password reset emails.
Intellectual Property
Retail Solutions is protected by U.S. and international intellectual property laws and you agree to abide by them. Without our prior written consent, you may not download, copy or store our content in any form outside of Retail Solutions and you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, or perform any of our content. You agree that all data used in providing the Services to you are “trade secrets” as defined, without limitation, under applicable law. You agree to comply with reasonable written requests from us to help us in protecting our proprietary and intellectual property rights. All intellectual property rights in Retail Solutions are, as between you and us, the sole and exclusive property of Retail Solutions.
Some features either now or in the future may allow you to post or submit content and materials on the Retail Solutions site. Anything you submit or post is “Your Content”. You own all intellectual property rights to Your Content, and we do not claim any rights in or to Your Content. By providing Your Content, you agree that we can use, reproduce, modify, adapt and publish it as necessary in order for us to offer the Services that you elect to use. You also agree that Retail Solutions shall have the non-exclusive right and license to use Your Content to promote our Services. You are wholly responsible for Your Content, including compliance with all applicable laws and regulations. You acknowledge that once Your Content is published, we cannot always remove it.
We appreciate when you provide us feedback through customer service or by email or social features, but we may use any feedback, comments, or suggestions without any obligations to you. For purposes of clarity, you hereby assign all intellectual property rights to us in any feedback, comments, or suggestions, you provide to us.
Your Use of Retail Solutions
We are providing you with access to our Services pursuant to a limited, non-exclusive, non-sublicenseable, non-transferable, revocable license. You can use Retail Solutions for personal, non-commercial use only, and subject to these Terms. This license is available to you as long as you are not barred from Retail Solutions by applicable law and your account is not terminated by us or by you.
If these Terms are not enforceable where you are located, you may not use Retail Solutions. We reserve all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.
Canceling Your Account
While we hope you enjoy using Retail Solutions, you may cancel your account at any time by contacting our customer support team by email at support@retailsolutions1.com.
Retail Solutions reserves the right to modify or terminate the Services, or your account, at any time without prior advance notice.
Restrictions and Prohibited Uses
Retail Solutions is used by many people, and we are proud of the trust our users place in us. We expect, in turn, that our users do not misuse our services. Except with our written permission, you may not:
• Attempt to impersonate another person or use another person’s account information without authorization;
• Violate or attempt to violate our security features, including logging into a server that you are not authorized to access, probing the vulnerability of our systems and networks, or uploading any worms, viruses, malware, or like code of a destructive nature;
• Redistribute, decompile, reverse engineer, publish, or copy any aspect of Retail Solutions;
• Access or search Retail Solutions by any means other than our publicly supported interfaces (for example, “scraping”);
• Interfere with others’ use and enjoyment of their own Retail Solutions account;
• Use Retail Solutions or any trademarks, game names, trade names, service marks, copyrights, or logos of ours, in unsolicited mailings, spam material, contests or surveys, or to create the impression that such items are associated with you;
• Violate any third party’s rights, including intellectual property or privacy rights.
Engaging in prohibited uses is grounds for immediate termination of your account, and may also subject you to civil or criminal penalties.
DISCLAIMERS
YOU AGREE THAT YOUR USE OF RETAIL SOLUTIONS IS AT YOUR OWN SOLE RISK AND THAT RETAIL SOLUTIONS IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, RETAIL SOLUTIONS AND ITS AFFILIATES, OFFICERS AND/OR EMPLOYEES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING RETAIL SOLUTIONS AND THE PRODUCT(S) AND/OR SERVICE(S) AVAILABLE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Some jurisdictions do not allow the disclaimers in this paragraph, so they may not apply to you.
WE STRIVE TO MAINTAIN RETAIL SOLUTIONS ON A COMMERCIALLY REASONABLE BASIS BUT CANNOT GUARANTEE THAT YOU WILL HAVE ACCESS TO RETAIL SOLUTIONS OR ANY ASPECT OF RETAIL SOLUTIONS AT ALL TIMES.
LIMITATION OF LIABILITY
IN NO EVENT SHALL RETAIL SOLUTIONS OR ANY OF ITS AFFILIATES, OFFICERS AND/OR EMPLOYEES BE LIABLE FOR (I) IN THE AGGREGATE, ANY AMOUNT IN EXCESS OF THE FEES PAID BY YOU TO RETAIL SOLUTIONS, IF ANY; (II) FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION GOOD FAITH AND REASONABLE CARE ARISING OUT OF YOUR ACCESS TO, USE OF, OR PURCHASE FROM RETAIL SOLUTIONS; OR (III) ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.
YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN RETAIL SOLUTIONS AND YOU. YOU UNDERSTAND THAT RETAIL SOLUTIONS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. Some jurisdictions do not allow the limitations in this section, so they may not apply to you.
Indemnity
You will indemnify and hold us, our affiliates, officers and/or employees harmless, including by paying costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your dealings with Retail Solutions and/or the Services, Your Content, or any violation of these Terms by you.
Agreement to Arbitrate and Waiver of Class Action Claims
If a dispute arises, our goal is to provide you a neutral and cost effective means to resolve it quickly. Most disputes can be resolved informally. Before filing a claim against us, you agree to try to resolve the dispute by contacting us in writing at Retail Solutions LLC, 8 Thornton Rd., Oakland, NJ 07436 ATTN: DISPUTE NOTICE, or by email at support@retailsolutions1.com. Before we file a claim against you, we agree to contact you at the email address associated with your account. If the dispute is not resolved within 30 days of notice, either you or we may bring a formal proceeding pursuant to the following procedures:
A. GENERAL. YOU AGREE THAT YOU AND RETAIL SOLUTIONS WILL RESOLVE THROUGH BINDING ARBITRATION ANY DISPUTE, CLAIM OR CONTROVERSY BETWEEN US ARISING OUT OF OR RELATING IN ANY WAY TO RETAIL SOLUTIONS OR YOUR USE THEREOF, INCLUDING THESE TERMS (collectively, “ARBITRAL CLAIMS”), with a few exceptions set forth below. The arbitrator, and not any court, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement to Arbitrate, including any claim that all or any part of this Agreement to Arbitrate is void or voidable, or whether a claim is subject to arbitration.
ARBITRATION IS DIFFERENT FROM COURT. THE RULES, INCLUDING DISCOVERY, ARE DIFFERENT AND NO JUDGE OR JURY IS PRESENT AT AN ARBITRATION. IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COST OF LITIGATION, AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED. THE AWARD IS FINAL AND BINDING AND SUBJECT ONLY TO LIMITED REVIEW BY A COURT. YOU UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, YOU MAY HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
B. ARBITRATION SERVICES AND RULES. The American Arbitration Association (“AAA”) will administer the arbitration using the AAA procedures and rules in effect on the date the Arbitration is filed (“AAA Rules”). In the event the AAA Rules are inconsistent with this Agreement to Arbitrate, this Agreement will prevail. AAA is independent from us, and you may obtain copies of the current AAA Rules, and other related materials, including forms and instructions for initiating arbitration, by contacting AAA at 150 N Michigan Ave #3050, Chicago, IL 60601 or http://adr.org.
C. LOCATION OF ARBITRATION. If your claim is for $7,500 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules, and any in-person hearing will be held in New York City, New York, or any other location you and we mutually agree to.
D. EXCEPTIONS TO ARBITRAL CLAIMS. Either you or we may bring claims to enforce intellectual property rights without first engaging in arbitration or the informal dispute resolution described in this Section.
E. CLASS ACTION WAIVER. YOU AND RETAIL SOLUTIONS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE WITH US THAT NEITHER YOU NOR WE WILL JOIN ANY ARBITRAL CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT, ARBITRATION OR OTHER PROCEEDING; THAT NO ARBITRAL CLAIM WILL BE RESOLVED ON A CLASS-WIDE BASIS; THAT NEITHER YOU NOR WE WILL ASSERT AN ARBITRAL CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE; AND BOTH PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable or that arbitration can proceed on a class basis, then this Agreement to Arbitrate shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
F. NO RIGHT TO JURY TRIAL. YOU AND WE ALSO HEREBY WAIVE THE RIGHT TO A JURY TRIAL EVEN IF THIS AGREEMENT TO ARBITRATE IS HELD NOT TO APPLY. YOU EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL IN THE EVENT THAT EITHER PARTY SELECTS ARBITRATION TO RESOLVE THE DISPUTE UNDER THIS AGREEMENT.
G. 30 DAY OPT OUT RIGHT. You have the right to opt-out and not be bound by the arbitration and the class action waiver provisions set forth in this section by sending written notice of your decision to opt-out to the following address: Retail Solutions, ATTN: Arbitration Opt-out,
8 Thornton Rd., Oakland, NJ 07436, or by email to support@retailsolutions1.com. For new users, the notice must be sent within 30 days of registering for Retail Solutions, and for existing users, the notice must be sent within 30 days of the effective date of this policy. If you do not opt-out, you shall be bound to the terms in this Section. If you choose to opt-out, we also will not be bound.
SMS Message Disputes
1. General. In the interest of resolving disputes between you and Retail Solutions in the most expedient and cost-effective manner, you and Retail Solutions agree that any dispute arising out of or in any way related to these messaging terms and conditions ("Messaging Terms") or your receipt of text messages from Retail Solutions or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Messaging Terms, or your receipt of text messages from Retail Solutions or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND Retail Solutions ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
2. Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or Retail Solutions to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
3. Arbitrator. Any arbitration between you and Retail Solutions will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Messaging Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Retail Solutions. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
4. Notice; Process. If you or Retail Solutions intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). Retail Solutions address for Notice is: 8 Thornton Rd, Oakland, New Jersey 07436, Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and Retail Solutions will make good faith efforts to resolve the claim directly, but if you and Retail Solutions do not reach an agreement to do so within 30 days after the Notice is received, you or Retail Solutions may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Retail Solutions must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. (e) Fees. If you commence arbitration in accordance with these Messaging Terms, Retail Solutions will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance-based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Retail Solutions for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and Retail Solutions agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or Retail Solutions made within 14 days of the arbitrator's ruling on the merits.
5. No Class Actions. YOU AND RETAIL SOLUTIONS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Retail Solutions agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
6. Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if Retail Solutions makes any future change to this arbitration provision, other than a change to Retail Solutions address for Notice, you may reject the change by sending us written notice within 30 days of the change to Retail Solutions address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Retail Solutions.
7. Enforceability. If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection (f) above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.
General
(a) Severability and Waiver. If any part of these Terms is held invalid or unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting yours and our intent as closely as possible. Either party’s failure to enforce any term or condition in the Terms is not a waiver of its right to do so later.
(b) Governing Law, Jurisdiction and Venue. Except to the extent preempted by the Federal Arbitration Act (“FAA”), these Terms are governed by New Jersey law without regard to conflict of law provisions. Except as provided above, or to the extent preempted by the FAA, both parties further consent to the personal jurisdiction of and exclusive venue in the federal and state courts in Bergen County, New Jersey, as the legal forum for any dispute between them.
(c) Change Policy. We may update these Terms from time to time. If we make material changes, we may but are not required to post a notification on our website, or post updated Terms at www.retailsolutions1.com at least 30 days in advance of the effective date of the updated Terms. Please note that unless otherwise provided by applicable law, your continued access to and use of the Services following the effective date means that you agree with, and consent to be bound by, the updated Terms. We may makes changes to the Services at any time without prior advance notice. Prices for the Services may be amended at any time in the sole discretion of Retail Solutions.
(d) Miscellaneous. These Terms are the complete and exclusive statement of the mutual understanding of the parties and supersede all previous written and oral agreements relating to the subject matter of the Terms. If there is any conflict between the Terms and any additional terms, conditions, and rules posted by us, these Terms shall govern, unless otherwise indicated. Sections of these Terms which by their nature should survive any termination of the Terms will so survive.
SMS Messaging
Terms & Conditions
This is an SMS (Short Messaging Service) program. You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from Retail Solutions, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent is not a condition of purchase.
Message frequency will vary. Retail Solutions reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Retail Solutions also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.
We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Retail Solutions, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
If you have any questions or concerns about sending and/or receiving SMS messages, please use our company information below to contact us for additional support.
Does the use of this service cost anything?
Standard message and data rates may apply to all text messages. In other words, when you use our text message services, there is no additional cost to you beyond the standard charge for text messages from your wireless provider. Message rates differ from carrier to carrier, so please contact your wireless phone service provider for more details about your plan.
Where can I find customer support information for this message service?
Text the word HELP at any time to receive customer support information, or email.
How do I stop receiving SMS messages from this service?
Simply text the word STOP if you no longer wish to receive text messages from our service. You may also stop receiving messages by texting any of the following words: STOPALL, UNSUBSCRIBE, QUIT, CANCEL, or END. Our SMS service supports a block list, which ensures that any attempted messages to your number will be blocked.
After you send an unsubscribe command (STOP, UNSUBSCRIBE, etc.), you will receive one additional message confirming that your request has been processed. Moving forward, you will no longer receive text messages from us. If you want to join again, just reply START and you will be able to sign up for text messages again.
You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that Retail Solutions and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Retail Solutions through any other programs you have joined until you separately unsubscribe from those programs.
Do I need to give consent to use your messaging service?
By checking the box "It's OK to message me about my orders at the number associated with the provided address." in step 3 of checkout, you are consenting to receive SMS messages about your order to the provided phone number.
Protection of Information
Any information submitted by the mobile user for text messaging purposes will remain the property of the mobile user. We will neither rent nor sell the information provided by you to us. We will at no time collect or redistribute this information without your consent, except where legally required to do so by law/court order.
Retention of Data
We will retain the text message information and mobile number for at least 6 years to comply with data retention laws.
If you have any questions regarding your privacy and our text messaging program, please read our privacy policy.
Retail Solutions, LLC 8 Thornton Rd. Oakland, NJ 07436
https://www.retailsolutions1.com
