Terms of Use

Terms of Use

The access to and use of the website found at www.rupractical.com, and all content, software, materials, and other information provided thereon (collectively, the “Site”), or of the services offered by or through the Site (the “Services”) is subject to the following Terms and Conditions of Use (the "Terms") established by Njoy Products, LLC dba Practical Business Solutions, a Florida Limited Liability Corporation, ("PBS") as well as all applicable laws. By accessing or using the Site or the Services, you accept the Terms without limitation or qualification. PBS may at any time revise these Terms, which revised Terms shall become effective upon their posting to the Site. You are bound by such revised Terms and should therefore review these Terms from time to time.  If you do not agree to these Terms or to any changes thereto as they occur, you must immediately discontinue using the Site and the Services.  PBS reserves the right, without notice and for any reason, to remove any content or information from the Site, and to deny access to the Site or Services to any user(s).  PBS also reserves the right to seek all remedies available at law and in equity to enforce these Terms.

 

Intellectual Property Rights
PBS is the sole and exclusive owner of all intellectual property rights in and to all aspects of the Site including, without limitation, any related patents, copyrights, trade secrets, trade names, trademarks, service marks, goodwill, moral rights, and any other intellectual property rights or intangible assets recognized under any laws or international conventions. PBS may modify, disable, or delete the Site, its functions and/or Site content at any time and for any reason without prior notice.

 

PBS grants User a limited license to use the materials made available on the Site for User's personal noncommercial use. User acknowledges that any derivative works created from the materials on the Site shall be the sole and exclusive property of PBS. PBS, in its sole discretion, may revoke this license at any time without prior notice to User and without liability.

 

As a condition of use of the Site, User represents and warrants that User shall not use the Site for any purpose that is unlawful or prohibited by this Agreement. User agrees to abide by all applicable local, state, national and international laws, rules and regulations and User shall be solely responsible and liable for all acts or omissions that occur while User or an agent of User accesses the Site. By ways of example, and not as a limitation, User agrees:

  • Not to transmit or upload any material to the Site that contains viruses, trojan horses, worms, or any other harmful or deleterious programs;
  • Not to interfere with or disrupt the Site networks or servers;
  • Not to delete any legal notices, disclaimers or proprietary notices;
  • Not to attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Site, through password misuse, mining or any other means; or
  • Not to interfere with another authorized party's use of the Site.

 

Disclaimer of Warranties and Limitation of Liability
THE SITE AND ALL SITE INFORMATION CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, PBS DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OF THIRD PARTIES' RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. PBS MAKES NO WARRANTIES WITH REGARD TO THE ACCURACY, RELIABILITY, ACCESSIBILITY, COMPLETENESS, OR TIMELINESS OF ANY INFORMATION SUPPLIED. PBS DOES NOT WARRANT THAT THE SITE WILL BE OPERATIONAL, SECURE, ERROR FREE OR VIRUS FREE. USER USES THE SITE AND ALL SITE INFORMATION AT USER'S OWN RISK.

 

IN NO EVENT SHALL PBS OR ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, RESULTING FROM THE USE OR INABILITY TO USE THE SITE OR FOR INFORMATION CONTAINED THEREIN, WHETHER SUCH LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SUCH PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF PBS, OR ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS AND AGENTS, UNDER THIS AGREEMENT, REGARDLESS OF THE FORM OF CLAIM OR ACTION, EXCEED IN THE AGGREGATE OF ONE HUNDERD ($100.00) DOLLARS.

 

Indemnification
You agree to indemnify and hold harmless PBS from and against any claims, demands, or judgments, made or recovered against it and arising out of any breach by you of the Terms or arising from any act or omission by you that violate any applicable federal, state, or local law, regulation or rule.  In any event, you will further indemnify PBS for reasonable attorney's fees or any other necessary expenses incurred by reason of such defense.

Links
You acknowledge that PBS has not reviewed all of the sites that are linked to the Site, and the fact that such links exist does not indicate any approval or endorsement by, or affiliation with, PBS, or approval or endorsement of any material contained on any linked site.  PBS is not responsible for the contents of any site linked to the Site.

Certain links on the Site will allow you to leave the Site and access the websites of third parties (other than websites of PBS or its affiliates).  Such websites are not under the control of PBS or its affiliates.  You acknowledge that PBS is not responsible for the contents (including, without limitation, viruses, disabling codes, or other destructive or harmful elements) of any such linked website or any link contained in a linked website, or any changes or updates to such websites.  PBS provides such links to you only as a convenience, and the inclusion of any link does not imply that PBS endorses or is affiliated or associated with the linked websites.

 

Force Majeure

PBS shall not be liable for delay or failure in any of its performance hereunder or a failure of the Site due to causes beyond its reasonable control, including, but not limited to, an act of God, war, terrorism, natural disaster, governmental regulations, communication or utility failures or casualties or the failures or acts of third parties.


Jurisdiction and Governing Law. 

This Agreement shall be construed, governed and enforced under the laws of the United States and the State of Florida (without regard to rules governing conflict of laws). User agrees that venue for all actions, relating in any manner to this Agreement, shall exclusively be in a federal or state court of competent jurisdiction located in Palm Beach County, Florida. Each party hereby consents and submits to the in personam jurisdiction of such courts, and to the extent permitted by law, hereby consents that all services of process may be made by any nationally recognized overnight courier, or by certified or registered mail, postage prepaid and return receipt requested. Each party waives any objection based on forum non conveniens and waives any objection to venue of any action instituted hereunder to the extent that an action is brought in the courts identified above. Each party agrees that a final judgment in any such action shall be conclusive and may be enforced in any other jurisdiction in any manner provided by law.

 

If any provision hereof is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions of this Agreement will continue in full force and effect.

 

No waiver of any breach of a provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision hereof and no waiver shall be effective unless made in writing.

 

PBS may modify this Agreement at any time, at its discretion, and modifications are effective upon being posted on the Site. User is responsible for reviewing this Agreement to ensure that User is aware of any changes made to the Agreement.

 

Trademarks and Service Marks
Any questions relating to any Mark of PBS or its affiliates should be referred to the Attention of the Legal Department of PBS at the following address:


Njoy Products, LLC dba Practical Business Solutions

PO Box 212828

Royal Palm Beach, FL 33421

1-877-456-7722

Attention: Legal Matters

 

Warranty, Return & Cancellation Policy 

Below you will find our policies regarding warranties, returns and cancellations. If the information provided does not answer your questions or you would like to discuss a question with our support team, please feel free to contact us directly at 1-877-456-7722.

  • All equipment purchased from Practical Business Solutions and through rupractical.com comes with the manufacturer warranty.
  • All refurbished products are clearly marked as such and come with 90 day warranty.
  • Because the prices we offer our clients are normally lower than our competition can find on the wholesale market, Practical Business Solutions has a strict policy of selling equipment only to its clients with a merchant account. Additionally, we reserve the right to refuse sales to anyone who does not have a merchant account with us or is a third party reseller.
  • Practical Business Solutions will process all replacement and warranty claims for 60 days following purchase.
  • After 60 days, we will contact the manufacturer for service on all warranties on behalf of the merchants.
  • Practical Business Solutions offers an optional “limited lifetime” equipment replacement program as an extra level of protection for many of our products. This coverage is available in conjunction with your merchant account.
  • Returns are permitted within the first thirty (30) days of purchase, on New/Unopened equipment. Returns will be accepted, at the customer’s expense, (A restocking fee of up to 35% of the purchase price may be applied to the return.)
  • Software and used equipment sold through Practical Business Solutions and rupractical.com cannot be returned for a refund.



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Njoy Products, LLC d/b/a Practical Business Solutions a registered ISO/MSP in association with First National Bank of Omaha, Omaha, Nebraska.
RUPractical.com is a service mark of Practical Business Solutions.
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