ecommunications or technology services, including, without limitation, a card for prepaid telephone services, a card for prepaid technical support services and an instrument for prepaid Internet service purchased or otherwise distributed to a consumer of such services, including, without limitation, as part of an award, loyalty, promotional or reward program; or (2) An instrument or record, by whatever name called, that may be used to obtain goods or services from more than one person or business entity, if the expiration date is printed plainly and conspicuously on the front or back of the instrument or record. (b) “Issue” means to sell or otherwise provide a gift certificate to any person and includes, without limitation, adding value to an existing gift certificate. (c) “Record” means information which is inscribed on a tangible medium or which is stored in an electronic or other medium, including, without limitation, information stored on a microprocessor chip or magnetic strip, and is retrievable in perceivable form. (d) “Service fee” means any charge or fee other than the charge or fee imposed for the issuance of the gift certificate, including, without limitation, a service fee imposed on the basis of inactivity or any other type of charge or fee imposed after the sale of the gift certificate. (Added to NRS by 2005, 1226) NRS 598.0923 “Deceptive trade practice” defined. A person engages in a “deceptive trade practice” when in the course of his business or occupation he knowingly: 1. Conducts the business or occupation without all required state, county or city licenses. 2. Fails to disclose a material fact in connection with the sale or lease of goods or services. 3. Violates a state or federal statute or regulation relating to the sale or lease of goods or services. 4. Uses coercion, duress or intimidation in a transaction. (Added to NRS by 1985, 2256; A 1999, 3282) NRS 598.0925 “Deceptive trade practice” defined. 1. Except as otherwise provided in this section, a person engages in a “deceptive trade practice” when, in the course of his business or occupation, he: (a) Makes an assertion of scientific, clinical or quantifiable fact in an advertisement which would cause a reasonable person to believe that the assertion is true, unless, at the time the assertion is made, the person making it has possession of factually objective scientific, clinical or quantifiable evidence which substantiates the assertion; or (b) Fails upon request of the Commissioner or Attorney General to produce within 6 working days the substantiating evidence in his possession at the time the assertion of scientific, clinical or quantifiable fact was made. 2. This section does not apply to general assertions of opinion as to quality, value or condition made without the intent to mislead another person. (Added to NRS by 1989, 649; A 1997, 3195) NRS 598.0927 “Director” defined. “Director” means the Director of the Department of Business and Industry. (Added to NRS by 1983, 881; A 1993, 1799)—(Substituted in revision for NRS 598.415) NRS 598.093 “Disabled person” defined. “Disabled person” means a person who: 1. Has a physical or mental impairment that substantially limits one or more of the major life activities of the person; 2. Has a record of such an impairment; or 3. Is regarded as having such an impairment. (Added to NRS by 1993, 1978) NRS 598.0933 “Elderly person” defined. “Elderly person” means a person who is 60 years of age or older. (Added to NRS by 1993, 1978; A 2003, 2569) NRS 598.0934 “Goods” defined. “Goods” includes, without limitation, a mobile or manufactured home which: 1. Is not affixed to land; or 2. Is affixed to land and sold, leased or offered for sale or lease separately from the land to which it is affixed. (Added to NRS by 2003, 587) NRS 598.0935 “Mark” defined. “Mark” means a word, name, symbol, device or any combination of the foregoing in any form or arrangement. (Added to NRS by 1973, 1484)—(Substituted in revision for NRS 598.420) NRS 598.0937 “Property” defined. “Property” means any real or personal property, or both real and personal property, intangible property or services. (Added to NRS by 1973, 1484)—(Substituted in revision for NRS 598.440) NRS 598.094 “Sale” defined. “Sale” includes any sale, offer for sale or attempt to sell any property for any consideration. (Added to NRS by 1973, 1484)—(Substituted in revision for NRS 598.450) NRS 598.0943 “Service mark” defined. “Service mark” means a mark used by a person to identify services and to distinguish them from the services of others. (Added to NRS by 1973, 1484)—(Substituted in revision for NRS 598.460) NRS 598.0945 “Trademark” defined. “Trademark” means a mark used by a person to identify goods and to distinguish them from the goods of others. (Added to NRS by 1973, 1484)—(Substituted in revision for NRS 598.470) NRS 598.0947 “Trade name” defined. “Trade name” means a word, name, symbol, device or any combination of the foregoing in any form or arrangement used by a person to identify his business or occupation, and to distinguish it from the business or occupation of others. (Added to NRS by 1973, 1484)—(Substituted in revision for NRS 598.480) NRS 598.0953 Engaging in deceptive trade practice prima facie evidence of intent to injure competitor; other rights of action not limited. 1. Evidence that a person has engaged in a deceptive trade practice is prima facie evidence of intent to injure competitors and to destroy or substantially lessen competition. 2. The deceptive trade practices listed in NRS 598.0915 to 598.0925, inclusive, are in addition to and do not limit the types of unfair trade practices actionable at common law or defined as such in other statutes of this state. (Added to NRS by 1973, 1484; A 1985, 2258; 1989, 649)—(Substituted in revision for NRS 598.490) NRS 598.0955 Applicability of NRS 598.0903 to 598.0999, inclusive. 1. The provisions of NRS 598.0903 to 598.0999, inclusive, do not apply to: (a) Conduct in compliance with the orders or rules of, or a statute administered by, a federal, state or local governmental agency. (b) Publishers, including outdoor advertising media, advertising agencies, broadcasters or printers engaged in the dissemination of information or reproduction of printed or pictorial matter who publish, broadcast or reproduce material without knowledge of its deceptive character. (c) Actions or appeals pending on July 1, 1973. 2. The provisions of NRS 598.0903 to 598.0999, inclusive, do not apply to the use by a person of any service mark, trademark, certification mark, collective mark, trade name or other trade identification which was used and not abandoned prior to July 1, 1973, if the use was in good faith and is otherwise lawful except for the provisions of NRS 598.0903 to 598.0999, inclusive. (Added to NRS by 1973, 1484; A 2005, 1227) NRS 598.0957 Director may delegate powers and duties. The Director may, in one or more particular cases, delegate his powers and duties under the provisions of NRS 598.0903 to 598.0999, inclusive, to any person under his direct supervision and direction. (Added to NRS by 1983, 881)—(Substituted in revision for NRS 598.505) NRS 598.0959 Advisory committees: Creation and appointment; membership; compensation. The Commissioner and Director may, independently, create and appoint advisory committees whenever necessary to advise them in the performance of their powers and duties pursuant to NRS 598.0903 to 598.0999, inclusive. Any such committee must be created by a regulation adopted in accordance with the provisions of chapter 233B of NRS. The regulation m

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