(including privacy terms)
Last Updated: March 1, 2024
Thank you for shopping on this NRS Webstore (the “Webstore”) created by National Retail Solutions, Inc. and its affiliates (collectively, “NRS” or “we” or “us”) for the named retailer selling its products on this webstore (the “Retailer”). Through the Webstore we offer customers the ability to order groceries and other products for pickup and delivery from the Retailer. NRS provides the Webstore subject to the following terms. Please read these terms carefully as this is a legal agreement between you and NRS governing your use of the Webstore.
YOUR PRIVACY IS IMPORTANT TO US. NRS RECEIVES OR COLLECTS INFORMATION FROM YOU WHEN YOU USE OR ACCESS THE WEBSTORE. THESE TERMS CONTAIN PROVISIONS THAT DISCUSS WHAT INFORMATION WE RECEIVE OR COLLECT FROM YOU WHEN YOU USE THE WEBSTORE AND HOW WE USE IT. THESE TERMS ALSO CONTAIN A LINK TO OUR PRIVACY POLICY APPLICABLE TO YOUR USE OF THE WEBSTORE. SEE SECTION 3.2 BELOW FOR DETAILS.
THESE TERMS ALSO CONTAIN INFORMATION ABOUT YOUR LEGAL RIGHTS AND REQUIRES THAT DISPUTES BE RESOLVED THROUGH ARBITRATION INSTEAD OF A COURT TRIAL. THE TERMS CONTAIN A LIMITATION OF LIABILITY PROVISION. SEE SECTIONS 5.17 AND 5.3 BELOW.
By accessing the Webstore, ordering items from the Webstore or creating an Account (as defined in Section 3.1) you acknowledge and agree that you have read, understood and have agreed to be bound by these terms of use, including any future modifications (collectively, the “User Agreement”). If you have any questions about the User Agreement, you should consult your own lawyer before you use the Webstore.
The following terms are incorporated into this User Agreement and form a part of this User Agreement:
NRS reserves the right to update or revise this User Agreement at any time without prior notice. Please check the User Agreement periodically for changes. Please check the Webstore periodically for changes. Your continued use of the Webstore following the posting of any changes constitutes acceptance of those changes.
If you do not agree with the terms of this User Agreement, then you should not use the Webstore or create an Account.
2.The Webstore
2.1General. The Webstore provides customers with the ability to order groceries and other products from the Retailer. The Retailer possesses an NRS Point of Sale machine (“POS”) which has software that can receive orders from the Webstore. Customers can order food, groceries and other products through the Webstore that the Retailer has listed in its POS pricebook. Items you select are added to your cart. Once you have finished selecting items, you can review your order and check out. When you check out you must (a) select whether you are ordering for pickup or delivery, (b) select a date and time for the delivery or pickup of your order at the Retailer, and (c) provide payment information through a third party web plugin or elect to pay in store instead.
Orders are received by the Retailer through the POS system. Pickup orders must be picked up and paid for by the customer at the Retailer. Delivery orders must be paid for by credit card on the Webstore. NRS and the Retailer reserve the right to cancel an order, in whole or in part, for any reason or no reason.
2.2Fees. Customers are not charged fees by NRS to use the Webstore, but NRS reserves the right to charge for using the Webstore in the future. Each Retailer may set and charge you a delivery fee for an order. Any delivery fee charged by the Retailer will be retained 100% by the Retailer (NRS does not receive any portion of the delivery fee charged by a Retailer). Any delivery fee charged by the Retailer will be calculated at the time the order is made and is clearly labeled and displayed at checkout prior to payment. All fees will be denominated in the local currency. A Retailer may change its delivery fee at any time and any order placed after a fee change will be subject to the new fee. If you fail to pick up an order or to take delivery of an order, then you may be charged a re-stocking fee by the Retailer in the Retailer’s discretion. NRS is not responsible for any fee charged by a Retailer.
2.3Order Substitutions. In some cases, the product you ordered may not be available at the Retailer. During the checkout process you will have the option to give instructions to the Retailer if a product is unavailable. You can select “Call Me,” “Replace,” or “Don’t Replace” if a product you ordered is not available. If you select “Call Me,” the Retailer will call you and discuss other products or options (NRS is not responsible if the Retailer does not call and you should follow up with the Retailer if you do not receive a call). If you select “Replace,” you are giving the Retailer permission to select a substitute product for the one that is not available. If you select “Don’t Replace,” you will not receive a replacement product for any product that is unavailable.
2.4In Store Pricing. The Webstore shows you the price of all items in your cart, except for certain items that will need to have their final prices determined by the Retailer such as items that are sold by weight. If you allow the Retailer to substitute an item that is not available, the price of the replacement item may be different than the price of the original item you selected.
2.5Payment and Processing. For pickup orders your payment will be processed by the Retailer when you pick up your order, and the Retailer will either use the payment method you submitted in the Webstore, or an alternative payment method submitted by you upon arrival. For delivery orders your credit card will be charged by the Retailer when the order is ready to be sent out for delivery. You will be charged the total order value after any in-store pricing variances have been determined. For credit card purchases NRS will place a temporary authorization for the total order amount plus 10% in order to account for any pricing variances or substitutions, and the final adjusted total amount of the order will be charged to your credit card when the order is delivered or is picked up in store. You will receive an updated invoice/receipt with the final amount. All payments are made to Retailer and not to NRS. All payment disputes should be addressed to the Retailer. The Webstore does not itself receive, store or otherwise have access to your credit card information. Payment information input is handled by a third party web plugin.
2.6Delivery. If you choose to have your order delivered, there are two delivery options and the Retailer will choose the delivery option. The Retailer can elect to coordinate and handle the delivery itself with either its own delivery service or a third party delivery service. If the Retailer chooses to handle the delivery itself, then the Retailer is responsible for the delivery and NRS shall not have any liability for the delivery. Alternatively, the Retailer can elect for NRS to handle the delivery. In such case, NRS has contracted with various third party delivery services to deliver your order from the Retailer to you. NRS is not liable for any representation made by the Retailer regarding delivery of the order. NRS is also not liable for the actions of these third party delivery services. If you do not accept the delivery of your order or the delivery address is incorrect, incomplete or does not exist, then you will forfeit the order and any fees charged by the Retailer.
2.7NRS’s Role in Offering the Webstore. NRS facilitates the display of products on the Webstore and the transmission of order details to the Retailer’s POS. NRS is not a retail location, restaurant, food manufacturer or food preparation entity. The Retailer operates independently of NRS. The Retailer is required to comply with federal, state, and local laws, rules, regulations, and standards pertaining to the preparation, sale, delivery, and marketing of food, including, without limitation, food preparation and safety and menu disclosure. NRS is not liable or responsible for the Retailer’s food preparation or safety and does not verify their compliance with all applicable laws. In addition, NRS does not guarantee the quality of what the Retailer sells. NRS does not independently verify, and is not liable for, representations made by the Retailer regarding its food and products, including, without limitation, any menu, product database- or retail-level descriptors or disclosures. The Retailers also have to comply with any terms of service required by NRS.
2.8Sale, Pickup and Delivery of Alcoholic Beverages. NRS may provide customers with the option to order alcoholic beverages from the Retailer. Orders for alcoholic beverages are fulfilled by an independent, licensed alcoholic beverage retailer (“Alcohol Retailer”). You acknowledge that your order of alcoholic beverages will be processed only if the Alcohol Retailer accepts your order. You further acknowledge that alcoholic beverages are eligible for delivery only in select jurisdictions. It is the responsibility of the Alcohol Retailer and/or the third party delivery provider to verify identification and age, and to determine whether it is otherwise safe and appropriate to furnish you with alcohol.
By completing an order for alcoholic beverages through the Webstore, you agree that:
If you do not comply with these terms, or if the Alcohol Retailer or any delivery provider otherwise determines that it is unsafe or inappropriate to furnish you with alcohol, you agree that the alcoholic beverages in your order will not be released to you, and you may forfeit the cost of such beverages as well as any fees charged by the Retailer for the order. NRS and the Alcohol Retailer reserve the right to cancel an order, in whole or in part, for any reason or no reason.
2.9Sale, Pickup and Delivery of Tobacco Products. NRS may provide its members with the option to order tobacco products from the Retailer. Orders for tobacco products are fulfilled by an independent, licensed tobacco retailer (“Tobacco Retailer”). You acknowledge that your order of tobacco products will be processed only if the Tobacco Retailer accepts your order. You further acknowledge that tobacco products are eligible for delivery only in select jurisdictions. It is the responsibility of the Tobacco Retailer and/or the third party delivery provider to verify identification and age, and to determine whether it is otherwise safe and appropriate to furnish you with tobacco.
If you place an order that includes any tobacco product through the Webstore, you agree that:
If you do not comply with these terms or if the Tobacco Retailer or any delivery provider otherwise determines that it is unsafe or inappropriate to furnish you with tobacco, you agree that the tobacco products in your order will not be released to you, and you may forfeit the cost of such products as well as any fees charged by the Retailer for the order. NRS and the Tobacco Retailer reserve the right to cancel an order, in whole or in part, for any reason or no reason.
2.10Failure to Pick Up Order. If you do not pick up your order from the Retailer, then the Retailer may charge your payment method for the full amount of your order as well as any fees charged by the Retailer for the order. Please contact the Retailer with any questions or disputes about payment.
2.11Other Services. By signing up for the Webstore you will (a) become a member of the BOSS Club Rewards program and (b) receive a Boss Revolution pinless account if you do not already have one. BOSS Club Rewards members get special deals on products in participating Retailer stores. For complete details and terms regarding BOSS Club Rewards visit brclubsaves.com, and for complete details and terms regarding Boss Revolution pinless visit bossrevolution.com.
2.12Availability. The Webstore, or any specific feature, option or term of the Webstore, including without limitation payment options, may not be available in your particular location and/or country. Please contact us if you have any questions about Webstore availability.
3.Account and Personal Information
3.1Account. In order to use the Webstore you must create an account (“Account”). Your Account must contain your name, mobile number and email address. If you successfully open an Account, we may send you a confirmation message with important information and instructions. The confirmation message will be sent by SMS message to the phone number you registered or delivered by our automated IVR. If you pay by credit card and/or want your order delivered, then you must provide a physical address.
3.2Personal Information and Privacy.
A.Information About You. You agree and confirm that the personal information that you provide to us shall be accurate, current and complete in all respects. You agree to promptly update such information to keep it accurate, current and complete. You give us or a third party permission to verify all information you provide, including your payment information. NRS reserves the right to suspend or terminate your use of the Webstore if any information provided to us proves to be inaccurate, not current or incomplete.
B.Information You Provide. You may provide all or some of the following when using the Webstore (as applicable): name, address, email address, phone number, and birthday. From time to time, NRS may request information from you for the purpose of your order. You may provide us with information related to your use of the Webstore and how to contact you so we can provide you customer support.
C.Other Information We Collect. We may collect from you and your device certain technical data and related information, including information about your device, system and software. That information may be gathered periodically to facilitate our provision of the Webstore, software updates and Webstore support. We collect Webstore related diagnostic and performance information, including how you use the Webstore. This includes information about your activity (such as how you use the Webstore, and how you interact with others using our Webstore), log files, and diagnostic, crash, website, and performance logs and reports. We may collect device-specific information including model, browser, operating system, platform type, application software, mobile network, device identifiers and numbers, and Internet connection speed. You may provide and we collect certain data on your device, including favorite lists. We may collect device location information if you use our location features, such as when you choose to have your order delivered to you, and for diagnostics and troubleshooting purposes such as if you are having trouble with the Webstore’s location features.
D.Advertising, Information and Scanning Content. The Webstore 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 Webstore, or aggregated with other information that NRS may have about you. In consideration for NRS granting you access to and use of the Webstore, you agree that NRS may digitally scan content stored in the Webstore, including without limitation, your user information and message content. You further agree that NRS may use the scanned information to provide you with targeted information and advertising through the Webstore.
E.How We Use Information. We process your personal data to meet our legal, statutory and contractual obligations and to provide you with the Webstore. More specifically, we process all the data we collect to help us operate, provide, improve, understand, customize, support, and market the Webstore. 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 (as described in the privacy policy). 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 and communicate through the Webstore. 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.
F.Privacy Statement. Any personal data collected shall be subject to the terms of the Privacy Policy applicable to you, which can be found in the Webstore. For U.S. customers, the applicable Privacy Policy can be found at this link as well: https://nrsplus.com/privacy-policy/. For Canadian customers, the applicable Privacy Policy can be found at this link as well: https://nrsplus.com/privacy-policy-canada/.
4.Use of the Webstore
4.1Use of Webstore. NRS grants you a non-exclusive, non-transferable right to personally use the Webstore subject to availability and your compliance with this User Agreement. We make no representation that the Webstore is available for use in any particular location. To the extent you choose to access the Webstore, you do so at your own initiative and are responsible for compliance with any applicable laws. We reserve the right to change, suspend, remove, or disable access to the Webstore at any time without notice in accordance with applicable law. In no event will we be liable for the removal or disabling of access to the Webstore. We may also impose limits on the use of or access to the Webstore without notice or liability. You may not distribute or make the Webstore available over a network. The terms of this User Agreement will govern any upgrades, improvements, modifications, fixes, updates and future versions provided by us unless accompanied by a separate license. NRS reserves all rights not expressly granted to you.
4.2Restrictions. You agree that the Webstore is for your personal, consumer use. You expressly agree to use the Webstore solely for lawful purposes. You agree not to:
(a)rent, lease, lend, sell, sublicense, export, distribute or transfer the Webstore to any third party;
(b)copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Webstore or any part thereof;
(c)remove, obscure or alter any copyright notices or other proprietary notices included in the Webstore;
(d)use the Webstore in violation of this User Agreement or applicable law;
(e)use the Webstore other than for personal, non-commercial use;
(f)use the Webstore to send any unsolicited communications or any communication not permitted by applicable law;
(g)use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage, emulate or disassemble the Webstore;
(h)use the Webstore to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party;
(i)use the Webstore to submit or expose any third party to any material that infringes any third party’s intellectual property rights or violates the rights of any third party, or is offensive, defamatory, racist, pornographic, illegal, harmful to minors, indecent or is otherwise objectionable in NRS’s sole discretion;
(j)use the Webstore in any way that (i) could damage, disable or overburden any NRS server or facility, or the networks connected to any NRS server or facility, (ii) interferes with any other party’s use and enjoyment of the Webstore, or (iii) could damage NRS’s business, reputation or employees;
(k)use the Webstore fraudulently, abuse the Webstore or unfairly exploit or misuse any of our policies;
(l)intercept or monitor, damage or modify any communication which is not intended for you;
(m)use the Webstore to collect or harvest any personally identifiable information, including account names; or
(n)use the Webstore to provide commercial products or Webstores to third parties.
4.3Termination of License. The license is effective until terminated by NRS or you. We will terminate your rights under this license without notice if you fail to comply with this User Agreement. Upon termination of the license, you shall cease all use of the Webstore. You may terminate your relationship with NRS at any time and without recourse to the courts by ceasing to use the Webstore.
4.4Suspension and Maintenance. From time to time, NRS may need to perform maintenance on or upgrade the Webstore or the underlying infrastructure that enables you to use the Webstore. This may require NRS to temporarily suspend or limit your use of some or all of the Webstore 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.
4.5Your Account. You are responsible for all actions that take place in your Account whether the access was made by you or by a third party. You are responsible for all usage of the Webstore and charges with your Account until the Webstore is suspended. You are responsible for preventing the unauthorized use of Webstore and your Account, and you are responsible for any authorized or unauthorized use thereof.
4.6Intellectual Property. The NRS name and associated logos, the software and technology underlying the POS platform, and all registered or unregistered trademarks, Webstore 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 Webstore and the POS platform 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. In addition, all materials in the Webstore, 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 “Webstore Materials”), are owned, controlled or licensed by NRS. You have no rights in or to the NRS IP or the Webstore Materials and you may not use the NRS IP or the Webstore Materials 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 Webstore Materials. One or more patents may apply to the Webstore. The NRS IP and the Webstore Materials are intended to promote NRS’s products and services.
4.7Lawful Use; Country Restrictions. The Webstore is only available for use in the United States and Canada. It is your responsibility to ensure that you are legally allowed to use the Webstore and you hereby agree to use the Webstore in accordance with all applicable laws.
4.8SDK Licenses. The Webstore uses various third party software and software development kits (collectively, “SDKs”). By using the Webstore you agree to the terms of the SDKs. Each SDK is subject to copyright and other intellectual property rights of the owner of the SDK, all of which rights are reserved by the owner. EACH SDK IS PROVIDED BY ITS COPYRIGHT HOLDER(S) AND CONTRIBUTOR(S) "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR WEBSTORES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE APPLICABLE SDK, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
4.9Suspension of Webstore. NRS may immediately suspend, cancel, modify or restrict the Webstore or your use of the Webstore, all without advance notice or liability, if:
You hereby agree to pay any and all outstanding charges for the Webstore (if any) and to reimburse us for any reasonable cost we incur in securing your payment for those charges, including, but not limited to, attorneys’ fees, court fees, and any other collection-related cost. We may impose restrictions on the form of payment you may use and/or may refuse to provide the Webstore to you, if any of your previous payments have failed to result in NRS’s receipt of the entire amount payable to us in connection with such payment.
4.10Termination. You may terminate your relationship with NRS at any time by ceasing to use the Webstore. NRS may terminate its relationship with you, or may terminate or suspend your use of the Webstore at any time if:
Upon termination: (a) all licenses and rights to use the Webstore shall immediately terminate; and (ii) you will immediately cease any and all use of the Webstore. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this User Agreement for all purposes.
5.General Provisions
5.1No Warranties. You expressly acknowledge that (a) your use of the Webstore and any content therein (collectively, “Content”) is at your sole risk and (b) the Webstore and all Content are provided “AS IS” and “AS AVAILABLE” with no warranties of any kind. NRS does not make any warranties, claims or representations to you or to any third party, whether express, implied or statutory, regarding the Webstore, Content, the POS machines, the goods ordered through the Webstore or any NRS product associated with the Webstore, including, without limitation, warranties or conditions of quality, performance, suitability, durability, title, non-infringement, merchantability, completeness of fitness for use for a particular purpose. All such warranties are hereby expressly excluded and disclaimed and you hereby waive and release NRS from all such warranties of any nature. Without limiting the foregoing, NRS makes no warranty or representation that the Webstore or the POS machines underlying the Webstore will always be available, accessible, uninterrupted, timely, secure, accurate, complete or error free or free of viruses or other harmful components or that any defects will be corrected. NRS does not warrant the quality or timeliness of any orders made through the Webstore. We do not authorize anyone, including but not limited to the Retailers, to make any warranties on our behalf and you should not rely on any such statements. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you. 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. This provision will continue to remain in force after this User Agreement expires or is otherwise terminated.
Since the Webstore will be transmitted through public Internet lines you acknowledge that there may be power outages or Internet service disruptions and that you may experience some disruptions in the Webstore. NRS will not be liable for any disruption, delays, or other omissions in the Webstore. NRS takes no responsibility for any disruption, interruption or delay in the Webstore caused by any failure of or inadequacy in any items over which it has no control.
5.2Indemnification. You agree to indemnify, release and hold NRS harmless from any and all liability, losses, damages or claims of any kind resulting from or arising out of your (a) use of the Webstore and Content other than as a result of our gross negligence, (b) breach of this User Agreement, or (c) violation of another person’s or entity’s rights. In addition, you agree that NRS shall not be responsible for any third party claims against you that arise from your use of the Webstore and Content and you agree to reimburse NRS for all costs and expenses related to the defense of any such claims, including reasonable attorneys’ fees, unless such claims are based upon our willful misconduct or gross negligence. This section will survive the expiration or termination of this User Agreement. New Jersey consumers and prospective consumers: this section is unenforceable or inapplicable to you. 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.
5.3Limitations of Liability. NRS is not liable to you or to any third party for any costs, liabilities or damages arising either directly or indirectly from any cause, action or claim relating to the Webstore, Content and/or the POS platform underlying the Webstore, including without limitation any personal injury, actual, incidental, consequential, exemplary, punitive, reliance or special damages, or for any claims for loss of revenue, lost profits, lost use, data, or goodwill or for lost business opportunities of any kind or nature whatsoever. These limitations apply even if the damages were foreseeable or we were told that they were possible, and these limitations apply whether the claim is based upon contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory. NRS is not liable for failures, outages, interruptions, equipment failures or acts or omissions of third parties regarding or related to the Webstore. NRS will not be liable for any damages if the POS platform underlying the Webstore is interrupted, or if there is a problem with the interconnection of the Webstore with the products or equipment of some other party. This section will survive the expiration or termination of this User Agreement. Because some jurisdictions do not permit these exclusions or limitations, NRS’s liability in such jurisdictions shall be limited to the extent permitted by law. New Jersey consumers and prospective consumers: this section is unenforceable or inapplicable to you. 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 this User Agreement to the contrary and should any provision of this User Agreement limiting NRS’s liability not be enforced, NRS’s total liability to you in connection with this User Agreement shall not exceed in the aggregate the fees collected by NRS on the orders you made through the Webstore 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.
5.4Electronic Communications. Unless otherwise required by applicable law, you authorize NRS to send or provide the following categories of information (“Communications”) by electronic means and not in paper format: (a) this User Agreement and any amendments, modifications or supplements to it; (b) your purchase and use records regarding Webstore transactions; (c) any initial, periodic or other disclosures or notices provided in connection with the Webstore, including without limitation those required by U.S. federal or state law, or any other applicable law; (d) any customer Webstore communications, including without limitation, communications with respect to claims of error or unauthorized use of the Webstore; and (e) any other communication related to the Webstore, a transaction or NRS. Electronic means may include email, SMS/MMS, text, or chat with customer Webstore. Message and data rates may apply when you receive SMS/MMS, text or push notification messages on your mobile phone. You may withdraw your consent to receive all Communications electronically at any time. In order to withdraw your consent, you must contact us. In order to access and retain Communications, you must have: (i) an Internet browser that supports 128-bit encryption, (ii) a mobile number and the capability to receive messages from or on behalf of NRS, and (iii) a device and data or Internet connection capable of supporting the foregoing.
5.5Consent to Receive Messages. By using the Webstore, you consent to receive SMS/MMS messages, text messages 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 Webstore and open accounts. 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. Your ability to manage and use certain features of the Webstore could be limited if you refuse or withdraw your consent to receive these messages.
5.6Submission of Information to NRS. If you send any messages or post any information to NRS with or through the Webstore, through social media third party sites or otherwise provide feedback to NRS, you are granting NRS a royalty-free, world-wide, transferable, sub-licensable, perpetual, irrevocable license to use the information in the course of offering the Webstore. Furthermore, NRS retains the right to reformat, excerpt, or translate any information or materials submitted by you to NRS. NRS reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove or restrict any information or materials, in whole or in part, in NRS’s sole discretion.
5.7Taxes. Depending on your jurisdiction, you may be responsible for and may have to pay any applicable taxes and fees charged by the Retailer in connection with your purchase of goods through the Webstore.
5.8No Third Party Rights. The provisions of this User Agreement are for the benefit of you and NRS and not for the benefit of any third party.
5.9Acts Beyond Our Control. NRS will not be in breach of this User Agreement or responsible for any failure in performance, loss or damage that it is due to any event beyond our reasonable control, including without limitation, 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 and acts of regulatory or governmental agencies.
5.10Assignment. This User Agreement is personal to you and you may not assign or transfer it or your rights or obligations to any other person without NRS’s prior consent. We can assign all or part of our rights or duties under this User Agreement without prior notice. If we elect to make such an assignment, we will have no further obligations to you under this User Agreement or in connection with your purchase or use of the Webstore.
5.11Notices. Any notice from NRS to you under this User Agreement will be provided by one or more of the following: SMS/MMS text, email or a call to a telephone number provided by you. You may contact NRS either by phone or by mail as follows:
National Retail Solutions, Inc.
NRS eCommerce Team
520 Broad Street
Newark, NJ 07102
Telephone: 973-438-3176
5.12Separability. If any part of this User Agreement is found invalid, the rest of the User Agreement will remain valid and enforceable.
5.13Governing Law. This User Agreement will be governed by the law of the State of New Jersey, without regard to its choice of law rules. This governing law provision applies no matter where you reside, or where you use, purchase or pay for the Webstore.
5.14Entire Agreement. This User Agreement constitutes the entire agreement between you and NRS regarding the Webstore and supersedes all prior agreements, understandings, statements or proposals, and representations, whether written or oral between you and NRS regarding the same. No written or oral statement, advertisement or service or product description not expressly contained in this User Agreement or in the Webstore will be allowed to contradict, explain, or supplement this User Agreement or the Webstore. Neither you nor NRS is relying on any representations or statements by the other party or any other person that is not included in this User Agreement.
5.15Survival. The provisions of this User Agreement that explicitly or by their nature survive or are intended to survive termination or cancellation shall so survive.
5.16Waiver. The failure by NRS to exercise, or delay in exercising, a legal right or remedy provided by this User Agreement or by law shall not constitute a waiver of NRS’s right or remedy. If NRS waives a breach of this User Agreement, the waiver shall not operate as a waiver of a subsequent breach of the User Agreement.
5.17Disputes; Arbitration. 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, you and NRS agree to resolve all 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 an 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 this User Agreement 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 this User Agreement, the Webstore, 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 this User Agreement. 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 $25,000. 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 Solution, 520 Broad Street, Newark, New Jersey 07102, Attn: National Retail Solutions 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.
5.18Changes to Agreement. NRS may in our sole discretion change the terms of this User Agreement or the information in the Webstore from time to time with or without prior notice. When changes are made we will update the User Agreement in the Webstore. The Webstore will be updated on or before the effective date of the change, unless an immediate change is necessary to maintain the security of the system or unless a law, rule or regulation requires that it be updated an earlier time. Please review the User Agreement on a regular basis. By continuing to use the Webstore after publication of the change, you agree to the change and the updated User Agreement.
5.19Translation. For your convenience, NRS may provide you with a translation of the English language version of some or all of the various parts of the User Agreement. However, the meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. If there is any inconsistency between a non-English version and the English version, then the English version shall govern your relationship with NRS. Any translation provided may not accurately represent the information in the original English version.
5.20Security. Unfortunately, scams and fraudsters are abundant and we urge you to be cautious of deals or offers that seem too good to be true. If you think you have been or might be a victim of fraud, or if you are aware of anyone or any entity that is using the Webstore inappropriately, please contact us.