THE FOLLOWING DESCRIBES THE TERMS ON WHICH DOWCOMMERCE.COM OFFERS YOU ACCESS TO OUR SERVICES.
- ACCEPTABLE USE GUIDELINES
- LINKS TO THIRD PARTY SITES
- LIMITATION OF LIABILITY
- TERMINATION AND EFFECT
- GOVERNING LAW AND JURISDICTION
- FORCE MAJEURE
- TRIAL PERIOD
- GATEWAY BILLING
- RETURN POLICY
- BANK AFFILIATIONS
DowCommerce.com, through its parent corporation Capital Merchant Solutions, Inc. (collectively, the "Company"), maintains this website (the "Site") as a service to its customers. By using the Site or any current or future service(s) provided to you by the Company (collectively the "Services") in accordance with an applicable service agreement ("Service Agreement(s)"), you are agreeing to comply with and be bound by the terms and conditions of these Acceptable Use Guidelines and any operating rules, regulations, policies, and procedures that may be modified from time-to-time on the Site (collectively, the "Terms").
By using this site you agree to use it for the purpose of evaluating our products and services, to potentially sign up for our processing services, and/or to login to an existing account. Any attempt to use this site for anything other than this is prohibited.
The Terms govern your access to and use of the Site, the Services and any information, products, software, and/or features made available to you. If you are using the Site or Services on behalf of your employer, you represent that you are authorized to accept these Terms on your employer's behalf. In the case of any violation of the Terms, DowCommerce.com reserves the right to seek all remedies available by contract, law and in equity for such violations. The Terms apply to all visits to the Site and use of the Services, both now and in the future.
Company reserves the right and has absolute discretion to enforce the Terms. Company may, in its sole discretion, immediately terminate or suspend: (i) the Services; (ii) a Service Agreement; and/or (iii) access to this Site, if it determines that your services, offerings or activities violate the Terms. Without limitation, Company also reserves the right to report any activity (including the disclosure of appropriate data or merchant information) that it suspects may violate any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Company also may cooperate with appropriate law enforcement agencies to assist in the investigation and prosecution of any illegal conduct. If you want to report any violations of these guidelines, please contact legal@DowCommerce.com
Company reserves the right to amend the Terms and modify or discontinue all or part of the Site, temporarily or permanently, with or without notice, and is not obligated to support or update the Site. The amended Terms shall automatically become effective immediately after they are initially posted on this Site. Your continued use of the Site after the posting of the amended Terms on the Site constitutes your affirmative: (a) acknowledgement of the Terms and its modifications; and (b) agreement to abide and be bound by the Terms, as amended. Should you object to any modifications of the Terms, your only recourse is to immediately: (a) terminate use of the Site and/or Services; and (b) notify Company of termination.
The Site contains links to third-party web sites. The linked sites are not under the control of Company, and Company is not responsible for the contents or policies of any linked site. Company provides these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by Company.
The site and services are provided on an "as is," "as available" basis. Company does not represent or warrant that the site or services will be available, accessible, uninterrupted, timely, secure, accurate, complete, entirely error-free or virus free nor does company make any warranty as to the results that may be obtained from the use of the site or services or as to the accuracy or reliability of any content or any information or products obtained through the site or that defects in the services will be corrected. You understand and agree that any material or data downloaded or otherwise obtained through the use of the site or the services is done at your own discretion and risk and that user will be solely responsible for any damage to its computer system, loss of service or loss of data that results from the download or use of such material or data.
DowCommerce.com expressly disclaims any liability or loss arising from or related to the site or the services. You expressly agree that dowcommerce.com shall not be liable for any loss arising from infiltration of the services, the dowcommerce.com system or website by means of software viruses, Trojan horses, worms, time bombs, or any other software programs, or technology designed or intended to disrupt, damage, intercept or expropriate the dowcommerce.com services or any system, program, data or personal information or limit the functioning of the site, services or any software, hardware, or equipment or to damage or obtain unauthorized access to any data or any information of any third party.
Company may terminate access to the Site and the Services, with or without cause, at any time, and effective immediately. Termination shall be accompanied by a written or electronic notice to you. Company shall not be liable to you or any third party for termination. Should you object to any provision of the Terms or any subsequent modifications thereto, your only recourse is immediately to: (a) terminate use of the Site and/or Services; and (b) notify Company of termination. Upon termination of access to the Site and/or Services, your right to use the Site and/or Services shall immediately cease.
Capital Merchant Solutions, Inc. does not sell, trade, or rent your personal information to others. Capital Merchant Solutions, Inc may provide aggregate statistics about our customers, sales, traffic patterns, and related site information to reputable third-party vendors, however these statistics will include no personal information.
Capital Merchant Solutions, Inc. may release account information when we believe in good faith, that such release is reasonably necessary to ( i ) comply with law, ( ii ) enforce or apply the terms of any of our merchant agreements or ( iii ) protect the rights, property or safety of Capital Merchant Solutions, Inc, our users, or others.
By using our web site, you consent to the collection and use of this information by Capital Merchant Solutions, Inc. All information that is collected is done through consenting users using our online forms. Capital Merchant Solutions, Inc does not collect information by means of cookies with the exception of referral tracking purposes.
You agree that use of the Site and/or any Services, is subject to all applicable national, international, state, and local laws and any and all applicable regulations, including the Terms.
The Site is accessible in all fifty states and other countries, and each of these places has laws that may differ from those of Illinois and from each other. As you and Company both benefit from establishing a predictable legal environment in which to publish, access and use the Site, by publishing, accessing, and/or using this Site, you and Company agree that all matters arising from or relating to the use and operation of this Site will be governed by the laws of Illinois, without regard to its conflicts of laws principles. You agree that all claims it may have arising from or relating to the operation or use of this Site will be heard and resolved in the courts of Bloomington, Illinois. You consent to the personal jurisdiction of such courts over it, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objections to proceeding in such courts.
This entire website including all images therein are copyright © 2007 by Capital Merchant Solutions, Inc. All rights are reserved. DowCommerce.com, the Capital Merchant Solutions, Inc logo, CheckMAN.com, the CheckMAN logo, and the Capital Merchant Solutions, Inc name, are trademarks owned by Capital Merchant Solutions, Inc. All other trademarks, service marks, logos and products are property of their respective owners. Unauthorized duplication is a violation of applicable law. All other company and product names referenced herein are the trademarks or registered trademarks of their respective holders. This list may be modified from time-to-time at Capital Merchant Solutions, Inc.'s discretion. You shall not register or attempt to register any of the Company's marks or trademarks that would reasonably be deemed to be confusingly similar to any of the Company's marks or trademarks. You shall comply with all standards with respect to the Company's marks and all uses of the marks shall be consistent with Company standards. For further information on Company copyrights and trademarks, please contact legal@DowCommerce.com
In the event that any provision of the Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of the Terms. Company's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
Capital Merchant Solutions Inc offers a Free 30 day demo of the DowCommerce Payment Gateway. During the demo period you can test all the features of DowCommerce, and confirm that it integrates with your website and/or meet your needs in the manner you expect it to. The demo can be requested by visiting our Contact Page, and simply requesting a demo account. Once you sign up for the gateway, your setup fee and first monthly gateway fee is non refundable / non returnable.
Upon Signup, you will immediately be billed for your first month's gateway fee. Any portion of a single calendar month will be charged a "full month" gateway fee. You will be billed monthly for the gateway fee. Recurring monthly gateway billing should be completed within the first 5 business days of each month. Your transaction fees will be billed at this time also, unless you accumulate an outstanding balance greater than $50. If you do accumulate an outstanding balance greater than $50, you checking account will be debited immediately to settle your balance. In this case, any overages will be settled during the "beginning of the month" billing.
Full or Partial refunds will not be given at any time for gateway fees, setup fees, or transactions fees unless Capital Merchant Solutions Inc made a verified and confirmed calculation error. If you suspect any billing error, you must contact Capital Merchant Solutions Inc within 10 days from the time of the error. If we fail to hear from you within 10 days, all billing is assumed accurate.
Please see "TRIAL PERIOD" above.
The gateway service may be cancelled at any time by giving a 10 day notice prior to the end of the month. Notice must be in the form of a written (or typed), signed request. I must be delivered and received by either Fax, Mail, or in Person. Please note that cancellation of your DowCommerce Gateway does not cancel any "Merchant Account Agreement" or "Card Processing Agreement" that you may have with a third party payment processor or one of Capital Merchants Solutions Inc's preferred partners.
Capital Merchant Solutions, Inc is a Registered MSP/ISO for HSBC Bank USA, Buffalo, NY and First National Bank of Omaha, NE.