NRS Marketplace Terms of Service
(as of January 1, 2022)
- OVERVIEW
The NRS Market and this website (collectively, the “Market”) are operated by National Retail Solutions, Inc. (“NRS”). The terms “we”, “us” and “our” as used throughout the Market and these terms refer to NRS. NRS offers the Market, including all information, tools and services available from this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated in these terms and throughout the Market.
By accessing or using any part of the Market and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms”), including those additional terms, conditions and policies referenced herein and/or available by hyperlink and throughout the Market. These Terms apply to all users of the Market, including without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms carefully before accessing or using our Market as this is a legal agreement between you and NRS governing your use of the Market. If you do not agree to all of these Terms, then you may not access the Market or use the Service. If these Terms are considered an offer, acceptance is expressly limited to these Terms. The following additional terms, conditions and policies are incorporated into these Terms and form a part of these Terms:
- our Privacy Policy, which can be found at www.nrsplus.com/privacy-policy;
- any other terms and conditions that are posted in the Market, including any price, charge or refund notice; and
- any disclosures, limitations or other information provided with, or printed on, any materials associated with the Market.
Any new features or tools which are added to the Market shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to the Market. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Market following the posting of any changes constitutes acceptance of those changes.
The Market is hosted by WooCommerce. They provide us with the online Ecommerce platform that allows us to sell products and services to you.
THESE TERMS CONTAIN INFORMATION ABOUT YOUR LEGAL RIGHTS AND REQUIRE THAT DISPUTES BE RESOLVED THROUGH ARBITRATION INSTEAD OF A COURT TRIAL. IT ALSO CONTAINS A LIMITATION OF LIABILITY PROVISION. SEE SECTIONS 13 and 18 BELOW.
SECTION 1 – ONLINE STORE TERMS
The Market is available to registered NRS POS and NRS PAY retailers who are in good standing with NRS and to the general public. Anyone acting as a wholesaler will need to register with NRS, provide a valid resale certificate, and access the Market using their login credentials. By agreeing to these Terms, you represent that you are at least the age of majority in your state of residence.
You may not use our Market and/or products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction.
A breach or violation of any of the Terms will result in an immediate termination of your ability to use the Service and Market.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Market or Service without express written permission by us.
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available in the Market is not accurate, complete or current. The material in the Market is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material in the Market is at your own risk.
The Market may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Market at any time, but we have no obligation to update any information. You agree that it is your responsibility to monitor changes to the Market.
From time to time, NRS may need to perform maintenance on or upgrade the Market or underlying infrastructure that enables you to use the Market and the Service. This may require NRS to temporarily suspend or limit your use of some or all of the Market or Service until such time as this maintenance and/or upgrade can be completed. You will not be entitled to claim damages for such suspension or limitation of use.
SECTION 4 – MODIFICATIONS TO THE SERVICE; PRICES; TAXES
Prices for products offered in the Market are subject to change without prior notice.
We reserve the right at any time to modify or discontinue the Service, or any product, part or content thereof, without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service and/or the Market.
If required, IDT will charge applicable taxes on items purchased in the Market unless IDT has a valid resale certificate on file from a customer. NRS POS equipment will be taxed unless approved for resale by NRS in its sole discretion.
SECTION 5 – PRODUCTS OR SERVICES OFFERED FOR SALE
All products and services offered for sale in the Market are subject to our Return Policy, which can be found at Exhibit A to these Terms.
Certain products or services offered for sale in the Market may be available only to registered NRS POS or NRS PAY retailers, or only available to wholesalers, or only available to businesses and not individuals, or available exclusively online through the Market and/or may have limited quantities.
We have made every effort to display as accurately as possible the colors and images of the products that appear in the Market. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products to any person, entity, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without prior notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made in the Market is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you from the Market will meet your expectations, or that any errors in the Service will be corrected. We are not responsible for the fulfillment of third-party products available in the Market.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made in the Market. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Market is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Market (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example a sweepstakes entry) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service, the Market or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third party.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the Market is governed by our Privacy Policy, which can be found at www.nrsplus.com/privacy. You agree and confirm that the information that you provide to us shall be accurate, current and complete in all respects. You agree to update such information to keep it accurate, current and complete. You give us permission to verify all information you provide, including your email address and credit or debit card information. NRS reserves the right to suspend or terminate your use of the Market if any information provided to us proves to be inaccurate, not current or incomplete.
We collect from you and your device certain technical data and related information, including information about your device, system and application software that is gathered periodically to facilitate our provision of the Market and Service support. We collect service- related diagnostic and performance information, including how you use the Service. We collect device-specific information including model, browser, operating system, platform type, application software, mobile network, device identifiers and numbers, and Internet connection speed.
The Market may display and/or notify you of information you requested, advertisements, promotions and other information. This information and advertisements may be targeted to you and your content or other information stored in the Market, or aggregated with other information that NRS may have about you.
We process your personal data to meet our legal, statutory and contractual obligations and to provide you with the Market and the Service. More specifically, we process all the data we collect to help us operate, provide, improve, understand, customize, support, and market the Market and the Service. In addition, we process data for general, operational and administrative purposes, including maintaining your account, authenticating you and contacting you. The terms “process,” “processing,” “use,” and “using” data include any operation or set of operations performed on personal data or on sets of personal data, including by automated means, such as collecting, recording, scanning, organizing, evaluating, analyzing, structuring, storing, adapting, altering, retrieving, consulting, using, combining, erasing or disclosing by transmission, dissemination or otherwise making available to our affiliates and to select third parties. Sometimes we use automated means, including profiling, and other technologies to process your personal data. Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, including to analyze or predict aspects concerning that natural person’s personal preferences, interests and location. In addition, you share your information as you use the Market and the Service. When we share information with third parties, we require them to use the data only in accordance with our instructions, to protect your data and to limit their use of the data solely for the purposes for which it was provided. Moreover, we require that these processors comply fully with relevant data protection laws and any other appropriate confidentiality and security measures. You should also note that our communications with you, including phone conversations and emails, may be monitored and recorded by us for quality assurance or for legal, regulatory or training purposes.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information in the Market or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or the Market is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or the Market, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or the Market, should be taken to indicate that all information in the Service or the Market has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Market or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or the Market, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or the Market, other websites, or the Internet. We reserve the right to terminate your use of the Service or the Market for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service and/or the Market will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service and/or Market will be accurate or reliable.
You agree that from time to time we may remove the Service or particular products for indefinite periods of time or cancel the Service and/or Market at any time, without notice to you. NRS will not be liable or responsible for any failure in performance, loss or damage that is due to any event beyond our reasonable control, including without limitation, fire, explosion, power blackout, pandemic, 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 and acts of regulatory or governmental agencies.
You expressly agree that your use of, or inability to use, the Service and/or the Market is at your sole risk. The Service, Market and all products and services delivered to you through the Service are provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall NRS, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Market, the Service or any item procured using the Service, or for any other claim related in any way to your use of the Market, the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Market, the Service or any content (or product) posted, transmitted, or otherwise made available via the Market, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. New Jersey consumers and prospective consumers: this section may be void, unenforceable or inapplicable to you. This section will survive the expiration or termination of this License. For the purposes of this paragraph, “NRS” includes our parent companies, subsidiary companies and affiliated legal entities, and all their directors, officers, agents, licensors and employees. Notwithstanding anything in these Terms to the contrary and should any provision of these Terms limiting NRS’ liability not be enforced, NRS’s total liability to you in connection with these Terms and the Market shall not exceed in the aggregate the amount paid by you for the items you purchased through the Market in the 12 month period immediately prior to the date of the event giving rise to the claim, subject to a maximum of $1,000.00 in all cases.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless NRS, and its parent, subsidiaries, affiliates, partners, and their respective officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. New Jersey consumers and prospective consumers: this section may be void, unenforceable or inapplicable to you.
SECTION 15 – SEVERABILITY
If any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use the Market and the Service, or when you cease using our site. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement between the parties for all purposes
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to the Market and our Service (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and all documents, notices, policies and operating rules incorporated herein or posted by us on the Market or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Market and Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW AND ARBITRATION
These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, United States, without regard to its choice of law rules. These governing law provisions apply no matter where you reside.
Both you and NRS agree to waive our rights to sue in court and have disputes resolved in court by a judge or jury. Instead, each party agrees to first contact the other party with any dispute and to provide a written description of the problem and any proposed resolutions. If we can’t resolve the dispute, then either party can submit the dispute to arbitration. You and NRS agree to resolve disputes by arbitration, including any dispute as to the interpretation or application of this Section. Arbitration is a means of having an independent third party resolve a dispute. The rules of arbitration are different than the rules of a court. In arbitration there is no judge or jury, but the arbitrator can award the same damages and relief and must honor the same limitations stated in these Terms as a court would. The term dispute shall mean any claim or controversy of any nature arising out of or in any way related to these Terms, the Market and/or the Service, including but not limited to federal or state contract, tort, statutory, regulatory, common law and equitable claims. Either you or NRS can request at any time that a dispute be submitted to arbitration. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Consumer Arbitration Rules, as such rules are modified by these Terms. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. You may choose to have the arbitration conducted by telephone, based solely on written submissions, or in person in Newark, New Jersey, Los Angeles, California or any other mutually agreed location. NRS shall pay all of the AAA filing, administration and arbitrator fees up to $10,000. Thereafter, NRS and you will divide equally all such fees and expenses of the arbitration. NRS shall not pay your travel expenses or your costs in preparing and presenting your case, including your legal fees. The decision of the arbitrator shall be final and may be entered and enforced in any court of competent jurisdiction. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive your right to consolidate your dispute with the disputes or claims of other consumers or customers. You agree to waive your right to bring a dispute as a class action or as a private attorney general, and you agree to waive your right to act as a class representative or participate as a member of a class of claimants with respect to any dispute. Notwithstanding the foregoing, we both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. You can opt out of the provisions of this Section by sending a letter via overnight mail to National Retail Solutions, Inc. 520 Broad Street, Newark, New Jersey 07102, Attn: Legal Department, indicating your desire to opt out of this Section. If for any reason a dispute proceeds in court rather than in arbitration, we each waive any right to a jury trial.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to the Market or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.
SECTION 20 – INTELLECTUAL PROPERTY
The NRS name and associated logos, the software and technology underlying the Market, and all registered or unregistered trademarks, service marks, logos, patents, patent applications, proprietary information, registered or unregistered copyrights and all other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with the Market, the Service and the products or services now or hereafter owned, created or provided by NRS (collectively, the “NRS IP”), are owned, controlled or licensed by NRS or its affiliates. Unless otherwise noted, the Market and all materials in the Market, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Market Contents”), are owned, controlled or licensed by NRS or its affiliates. You have no rights in or to the NRS IP or the Market Content and you may not use the NRS IP or the Market Content in any manner without the prior written consent of NRS. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the NRS IP or the Market Content. The NRS IP and the Market Content are intended to promote NRS’s products and services.
SECTION 21 – COMMUNICATIONS
Questions about these Terms should be sent to us at marketplace@nrsplus.com. You consent to receive SMS/MMS, text and/or email messages from NRS and its affiliates regarding account management activities and special offers. This consent is specific to the phone number(s) you provide to us to use the Service. Message and data rates may apply when you receive SMS/MMS, text or push notification messages on your mobile phone. You may refuse to consent to receive calls and texts from NRS and its affiliates that require your consent, including autodialed, pre-recorded or artificial voice telemarketing calls. You may also withdraw your previously given consent to receive such calls and texts.
Exhibit A
Return Policy
General: Each item available for purchase in the Market is subject to its own return and refund policy as determined by the provider of that item. No exceptions will be made.
Third Party Products, General Merchandise, NRS POS Paper and FOB Cards: All sales are final. No returns or refunds.
NRS Hardware POS Attachments (https://nrsmarket.com/product-category/pos-parts/): Then current NRS warranty policy applies for replacement of defective hardware (NRS Care Team must confirm issue).
Otherwise send back on own dime (no prepaid shipping label) and $25 restocking fee
If a Return/Refund Available: To start a return, you can contact us at marketplace@nrsplus.com. If your return is accepted, we will provide instructions on how and where to send your package. Items sent back to us without first requesting a return will not be accepted. We will notify you once we’ve received and inspected your return, and let you know if the refund was approved or not. If approved, you’ll be automatically refunded on your original payment method. Please remember it can take some time for your bank or credit card company to process and post the refund too.