These Terms of Service (“Terms”) govern your access to and use of the websites, campaign landing pages, and online services that link to these Terms (the “Services”), operated by Merchant Club of America (“Merchant Club of America,” “we,” “us,” or “our”). Please read them carefully.
By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.
1. Informational Purpose
The Services provide general information about Merchant Club of America and the payment processing, point of sale, online payments, loyalty, and marketing solutions we and our partners offer. Content on the Services is for general informational purposes only and does not constitute financial, legal, tax, or other professional advice. See our Disclaimer.
2. Eligibility
You must be at least 18 years old and able to form a binding contract to use the Services. By using the Services, you represent that you meet these requirements and that any information you provide is accurate and complete.
3. Acceptable Use
You agree not to:
- Use the Services in violation of any law or regulation;
- Submit false, misleading, or another person’s information without authorization;
- Interfere with or disrupt the Services or attempt to gain unauthorized access to any systems;
- Introduce malware or engage in scraping, harvesting, or automated data collection without our permission;
- Infringe our or any third party’s intellectual property or other rights.
4. Inquiries and Submissions
When you submit a request (such as a consultation or quote request), you authorize us and our partners to contact you regarding your inquiry as described in our Privacy Policy. Submitting a request does not create any obligation on our part to provide products or services, and any products, services, rates, or offers are subject to eligibility, underwriting, approval, and separate written agreements.
5. SMS / Text Messaging Program Terms
These terms apply to text-message communications between you and Merchant Club of America (the “Messaging Program”). By providing your mobile number and opting in (for example, by checking the consent box on our forms or agreeing verbally), you agree to these terms.
- Program description. When you opt in, Merchant Club of America may send recurring marketing and informational text messages — such as responses to your inquiry, consultation and quote follow-ups, and account, support, and service notifications.
- Consent. Your consent to receive text messages is not a condition of any purchase. Messages may be sent using automated technology.
- Message frequency. Message frequency varies.
- Cost. Message and data rates may apply, depending on your mobile carrier and plan.
- Opt-out. You can cancel at any time by replying STOP to any message. After you send STOP, we will send a single confirmation and will stop sending messages, except as required to process your opt-out.
- Help. Reply HELP for assistance, or contact us at 888-809-2512 or info@mclubusa.com.
- Carriers. Mobile carriers are not liable for delayed or undelivered messages. Delivery is subject to effective transmission by your carrier and is not guaranteed.
- Privacy. Your mobile information is handled as described in our Privacy Policy. We do not sell or share mobile opt-in information or consent with third parties or affiliates for marketing purposes.
6. Intellectual Property
The Services and their content — including text, graphics, logos, and design — are owned by or licensed to Merchant Club of America and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for their intended purpose. All other rights are reserved. Third-party names, logos, and trademarks (for example, Clover, Dejavoo, Poynt, NMI, Authorize.Net, Visa, Mastercard) are the property of their respective owners and are used for identification only; their use does not imply endorsement.
7. Third-Party Products, Services, and Links
The Services may reference or link to third-party products, services, and websites, including payment processors, hardware providers, and technology partners. We do not control and are not responsible for third parties, and any dealings with them are solely between you and the third party, subject to their terms and policies.
8. Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY INFORMATION IS ACCURATE OR COMPLETE.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, MERCHANT CLUB OF AMERICA AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICES WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
10. Indemnification
You agree to indemnify and hold harmless Merchant Club of America and its affiliates from any claims, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of your use of the Services or your violation of these Terms or applicable law.
11. Governing Law & Disputes
These Terms are governed by the laws of the State of California, without regard to its conflict of laws rules. You agree that any dispute arising out of or relating to the Services or these Terms will be subject to the exclusive jurisdiction of the state and federal courts located in Orange County, California, unless otherwise required by applicable law.
12. Changes to These Terms
We may modify these Terms from time to time. We will post the updated version with a new “Last updated” date, and changes are effective when posted. Your continued use of the Services after changes become effective constitutes acceptance.
13. Contact Us
Merchant Club of America
22512 Avenida Empresa, Rancho Santa Margarita, CA 92688
Phone: 888-809-2512 · Email: info@mclubusa.com