Terms of Use
Version dated 9 May 2015

1. Terms

These terms of use ("Terms") set out the terms and conditions for your use of The Retail Solution (TRS) offered by Northwest Network Solutions, Inc (NWNS). The person or organization entering into these Terms as a user of TRS, together with all individual users accessing TRS on that person's behalf (together, "you" or "Users") accept and agree to be bound by these Terms. NWNS grants you a limited, non-exclusive, non-transferable, revocable licence to use TRS (subject to your account type) in accordance with these Terms.

If you do not agree to any of these Terms, then you should not use TRS Services. All rights not expressly granted to Users in these Terms are reserved by NWNS.

2. Amendments

We may change these Terms from time to time, and will endeavor to notify you of such changes via email or by displaying a message when you next use TRS. If you continue to use TRS, your use will be governed by the updated Terms.

From time to time, we may add, make changes to or remove altogether features or functionality of TRS. You may need to install a new or updated version before you can receive the benefit of those changes. We may also decide to cease providing all or some of TRS services at any time, and nothing in these Terms is to be taken as a guarantee that any TRS service will always be available, either in its current form or at all, or that we will support, maintain or continue to offer TRS.

3. Account information

You must be 18 years or older in order to access and use TRS. You agree to provide true, accurate, current and complete account information, and to maintain and promptly update your account information in order to ensure that it remains true, accurate, current and complete.

4. Cancellation of accounts

We can cancel or suspend your account at any time if, in our sole discretion, you have committed a material or persistent breach of these Terms or any other terms applying to your use of TRS.

You are entitled to cancel your account with NWNS at any time.

5. Fees and taxes

The fees charged for use of TRS Services are set out on the Website ("Fees") and are subject to change. We will endeavor to notify you (by email or by displaying a message when you next use the TRS Services) at least 30 days before increasing the Fees. Fees are charged in advance on a monthly or annual basis and are non-refundable, including if you only use part of a month or year's subscription for the TRS Services. Unless required by law, we will not provide refunds in connection with the TRS Services. A valid credit card number is required for paying all Fees.

6. You may upgrade or downgrade your account at any time

The upgrade or downgrade will become effective immediately. If you downgrade your account, no refunds will be paid in respect of any unused portion of any higher account offering. If you upgrade your account, the balance already paid for the rest of the term will be credited to your account. We will then immediately charge your credit card for any net amount due as a result of the upgrade and your account renewal date will be reset to the next available billing day.

Downgrading your account may cause the loss of content, or features of capacity of your account. If you choose to downgrade your account, NWNS does not accept any liability for the resulting loss of data, content, features or capacity.

7. TRS Services are provided "as is"

TRS Services are provided on an "as is" and "as available" basis, and your use of them is at your sole risk. We will try to promptly address (during normal business hours) all technical issues that arise in connection with TRS Services.

We do not warrant that: (a) the TRS Services will meet your specific requirements; (b) TRS Services will be uninterrupted, timely, secure, or error-free; (c) TRS Services will be accurate or reliable; (d) the quality of any products, services, information, or other material purchased or obtained by you through the Vendor, TRS Services will meet your expectations; or (e) any errors in TRS will be corrected.

8. Our liability is limited

To the maximum extent permitted by law, NWNS shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, business, goodwill, use, data or other intangible losses (even if NWNS has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Service (in whole or in part) or any technical malfunctions; (b) the cost of procurement of substitute goods and services; (c)

9. You are responsible for your use of TRS and you indemnify us

You are responsible for all activity that results from use of TRS. You are responsible for maintaining the security and password. NWNS will not be liable for any loss or damage that may result from any failure to keep User names and passwords secure.

You indemnify NWNS against all forms of liability, actions, proceedings, demands, costs, charges and expenses which NWNS may incur or suffer as a result of use of TRS as a result of your failure to comply with these Terms.

 10. No malicious or illegal use

You must not: (a) use TRS in any unlawful manner, for any unlawful or fraudulent purpose, or in any manner inconsistent with these Terms; (b) infringe our intellectual property rights or those of any third party in relation to your use of TRS; (c) transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of TRS; (d) use TRS in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; (e) collect or harvest any information or data from NWNS or our systems or attempt to decipher any transmissions to or from the servers running TRS; (f) disclose or distribute information relating to another User of TRS to any third party, or use any other User's information for any marketing purposes unless you have that User's express permission to do so; or (g) access or register User logins via bots or other automated methods.

11. Intellectual property

You agree that NWNS owns all of the intellectual property rights existing in TRS. You agree not to challenge or do anything inconsistent with such ownership. You may not publish or use TRS's brand, branding or logos except with NWNS's prior written consent.

You grant NWNS a royalty-free, irrevocable, perpetual licence to use (including for commercial purposes) information and/or data collected by TRS through your use of TRS Services.

You may provide us with comments, feedback or suggestions on TRS, and you agree that we will be free to use, modify and incorporate such suggestions without any obligation to you.