National Retail Solutions, Inc.

Club NRS Terms of Service and Mobile Marketing Terms

Effective as of August 15, 2021

OVERVIEW

Club NRS and this website (collectively, the “Club”) are owned and operated by National Retail Solutions, Inc. (“NRS”).  The terms “we”, “us” and “our” as used throughout the Club and these terms refer to NRS.  NRS offers the Club, including all information, tools, and services available from this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated in these terms and throughout the Club.

By registering with us, or accessing, browsing or using any part of the Club, you acknowledge and agree that you have read, understood and have agreed to be bound by the following terms and conditions (“Terms”), including those additional terms, conditions and policies referenced herein and/or available by hyperlink throughout the Club.  These Terms apply to all users of the Club, including without limitation, users who are browsers, customers, merchants, and/ or contributors of content.

Through the Club, we provide members with access to special discounts, coupons, vouchers, offers and/or promotions that are offered and fulfilled by third party vendors (the “Service”).

Please read these Terms carefully before accessing or using the Club as this is a legal agreement between you and NRS governing your use of the Club.  If you do not agree to all of these Terms, then you may not access the Club or use the Service.  If these Terms are considered an offer, acceptance is expressly limited to these Terms.  The following additional terms, conditions and policies are incorporated into these Terms and form a part of these Terms:

  • our Privacy Policy, which can be found at clubnrs.com/privacy;
  • any other terms, conditions or disclosures that are posted in the Club; and
  • any disclosures, limitations or other information provided with, or printed on, any materials associated with the Club.

You can review the most current version of the Terms at any time on this page.  We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to the Club.  It is your responsibility to check this page periodically for changes.  Your continued use of or access to the Club following the posting of any changes constitutes acceptance of those changes.

THESE TERMS CONTAIN INFORMATION ABOUT YOUR LEGAL RIGHTS AND REQUIRES THAT DISPUTES BE RESOLVED THROUGH ARBITRATION INSTEAD OF A COURT TRIAL.  IT ALSO CONTAINS A LIMITATION OF LIABILITY PROVISION.  SEE SECTIONS 7 and 12 BELOW.

SECTION 1 – DEALS

Through the Service, we provide Club members with access to special discounts, coupons, vouchers, offers and/or promotions (collectively “Deals”) that are offered and fulfilled by third party vendors (collectively, “Vendors”).  To join the Club, you must provide your email address and mobile number to us by signing up at www.clubnrs.com or by any other method authorized by us.  Deals may vary day to day and may not always be available.  Deals can be accessed online at the Club or via any other method authorized by us depending upon the specific Deal.  Deals are subject to terms, prices and taxes that are set by the Vendors, including expiration and eligibility requirements.  Deals are not refundable or transferable and have no cash value, except as provided by the Vendors.

NRS reserves the right to modify, suspend and/ or discontinue any aspect of the Club or Service, including without limitation the Deals offered, at any time without prior notice.  NRS or the Vendors may also impose eligibility requirements for certain Deals, limits on membership eligibility, or restrict your access to parts of the Club without prior notice or liability.  NRS reserves the right in its sole discretion to cancel your membership and/or suspend or terminate your account at any time with notice.  By participating in the Club, all members agree to abide by any and all decisions of NRS, which are final and binding on all matters pertaining to the Club and the Service.

The Club and the Service are available to registered Club NRS members. 

All Deals are offered and fulfilled by the Vendors, not NRS.  All descriptions of the Deals are provided by the Vendors and are subject to change at any time without prior notice.  We do not warrant that the quality of the Deals or other products, services, information, or other material purchased or obtained by you from the Vendors will meet your expectations, or that any errors in the Service will be corrected.  The Deals and the prices and taxes for the Deals are set by the Vendors and may be subject to change without prior notice.  NRS shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service, Deals, and/or the Club.

You may not use the Club, the Service and/or the Deals for any illegal or unauthorized purpose.  A breach or violation of any of the Terms will result in an immediate termination of your ability to use the Service and Club.

 

SECTION 2 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available in the Club is not accurate, complete or current.  The material in the Club is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.  Any reliance on the material in the Club is at your own risk.

The Club may contain certain historical information.  Historical information, necessarily, is not current and is provided for your reference only.  We reserve the right to modify the contents of the Club at any time, but we have no obligation to update any information.  You agree that it is your responsibility to monitor changes to the Club.

From time to time, NRS may need to perform maintenance on or upgrade the Club or underlying infrastructure that enables you to use the Club and the Service.  This may require NRS to temporarily suspend or limit your use of some or all of the Club or Service 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.

 

SECTION 3 – PERSONAL INFORMATION AND PRIVACY

Your submission of personal information through the Club is governed by our Privacy Policy, which can be found at http://www.clubnrs.com/privacy.  You agree and confirm that the information that you provide to us shall be accurate, current and complete in all respects.  You agree to update such information to keep it accurate, current and complete.  You give us permission to verify all information you provide, including your email address and telephone number.  NRS reserves the right to suspend or terminate your use of the Club if any information provided to us proves to be inaccurate, not current or incomplete.

We collect from you and your device certain technical data and related information, including information about your device, system and application software that is gathered periodically to facilitate our provision of the Club and Service support.  We collect service-related diagnostic and performance information, including how you use the Service.  We collect device-specific information including model, browser, operating system, platform type, application software, mobile network, device identifiers and numbers, and Internet connection speed.

 

The Club 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 Club, or aggregated with other information that NRS may have about you.

 

We process your personal data to meet our legal, statutory and contractual obligations and to provide you with the Club and the Service.  More specifically, we process all the data we collect to help us operate, provide, improve, understand, customize, support, and market the Club and the Service.  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.  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 the Club and the Service.  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. 

 

SECTION 4 – THIRD-PARTY LINKS AND INFORMATION

Certain content available through the Service, including information about specific Deals, includes links, information and materials from third parties, including the Vendors.  Such third-party content is provided for your reference and convenience only.  NRS does not operate or control such third-party content.

Third-party links in the Club may direct you to third-party websites, including Vendor websites, that are not affiliated with us.  We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of the Deals, goods, services, resources, content, or any other transactions made in connection with the Vendors and/or any third-party websites.  Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction.  Complaints, claims, concerns, or questions regarding the fulfillment of the Deals should be directed to the applicable Vendor.

 

SECTION 5 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information in the Club that contains typographical errors, inaccuracies or omissions that may relate to Deals, pricing, promotions, offers, and availability.  We undertake no obligation to update, amend or clarify information in the Club, including without limitation, pricing information, except as required by law.  No specified update or refresh date applied in the Club, should be taken to indicate that all information in the Club has been modified or updated.

 

SECTION 6 – PROHIBITED USES

In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Club, the Service or the Deals:  (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or the Club, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or the Club, other websites, or the Internet.  We reserve the right to terminate your use of the Service or the Club for violating any of the prohibited uses.

 

SECTION 7 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of the Club, Service or any Deal will be uninterrupted, timely, secure or error-free.  We do not warrant that the results that may be obtained from the use of the Club, Service or any Deal will be accurate or reliable.

NRS will not liable or responsible for any failure in performance, loss or damage that it is due to any event beyond our reasonable control, including without limitation, pandemic, 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.  NRS shall not be liable for the acts or omissions of the Vendors.

You expressly agree that your use of, or inability to use, the Club, Service or any Deal is at your sole risk.  

You acknowledge that the Club, the Service, and all Deals, content, functions, materials and information made available to you through the Club or Service are provided “AS IS” and “AS AVAILABLE” with no warranties of any kind.  To the fullest extent permissible by law, NRS makes no representations or warranties of any kind whatsoever, whether express, implied or statutory, regarding the Club, the Service, the Deals, Vendor requirements, content, functions, materials and information made available to you through the Club, or for the products, services and Deals purchased or redeemed through the Club, 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.  We do not authorize anyone, including but not limited to NRS agents and employees, to make any warranties on our behalf and you should not rely on any such statements.

In no case shall NRS be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Club, the Service or any Deal, or for any other claim related in any way to your use of the Club, the Service or any Deal, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Club, the Service or any Deal, even if advised of their possibility.  Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.  New Jersey consumers and prospective consumers:  this section may be void, unenforceable or inapplicable to you.  This section will survive the expiration or termination of these Terms.  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 these Terms to the contrary and should any provision of these Terms limiting NRS’s liability not be enforced, NRS’s total liability to you in connection with these Terms and the Club, the Service and/or any Deal shall not exceed $1,000.00 in all cases.

 

SECTION 8 – INDEMNIFICATION

You hereby agree to indemnify, defend and hold harmless NRS, its parent, subsidiaries and affiliates and their respective officers, directors, employees and agents (collectively, the “Indemnified Parties”) from and against any and all liability, losses, damages or claims of any kind (including reasonable attorney fees) incurred by the Indemnified Parties in connection with or arising out of your (a) participation in the Club, (b) use of the Service or any Deal, (c) breach of these Terms, or (d) violation of another person’s or entity’s rights in connection with the Club.  New Jersey consumers and prospective consumers:  this section may be void, unenforceable or inapplicable to you. 

 

SECTION 9 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 10 – TERMINATION

These Terms are effective unless and until terminated by either you or us.  You may terminate these Terms at any time by notifying us that you no longer wish to use the Club and the Service, or when you cease using the Club.  The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement between the parties for all purposes,

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to the Club and our Service (or any part thereof).

 

SECTION 11 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and all documents, notices, policies and operating rules incorporated herein or posted by us on the Club or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Club, the Service and the Deals, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms).

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

 

SECTION 12 – GOVERNING LAW AND ARBITRATION

These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, United States, without regard to its choice of law rules.  This governing law provisions apply no matter where you reside.

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, each party agrees to first contact the other party with any dispute and to provide a written description of the problem and any proposed resolutions.  If we can’t resolve the dispute, then either party can submit the dispute to arbitration.  You and NRS agree to resolve 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 these Terms 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 these Terms, the Club, the Service and/or any Deal, 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 these Terms.  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 $10,000.  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 NRS, 520 Broad Street, Newark, New Jersey 07102, Attn:  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.

 

SECTION 13 – CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website.  It is your responsibility to check our website periodically for changes.  Your continued use of or access to the Club or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

 

SECTION 14 – INTELLECTUAL PROPERTY

The Club NRS name and all associated logos, trademarks, service marks, patents, patent applications, proprietary information, copyrights and all other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with the Club (collectively, the “NRS IP”) are owned, controlled or licensed by NRS or its affiliates.  You have no rights in or to the NRS IP and you may not use the NRS IP in any manner without the prior written consent of NRS.

 

SECTION 15 – MOBILE MARKETING TERMS

By joining the Club, you consent to receive SMS, text and other electronic messages, including automated messages (collectively, “Messages”) from NRS and its affiliates regarding your membership, account activities, Deals and other special offers.  This consent is specific to the phone number(s) you provide to us.  Message and data rates may apply when you receive certain Messages on your mobile phone.  You may refuse to consent to receive calls and Messages from NRS and its affiliates that require your consent, including autodialed, prerecorded or artificial voice telemarketing calls.  You may also withdraw your previously given consent to receive calls and Messages.  Your ability to manage and use certain features of the Service could be limited if you refuse or withdraw your consent to receive Messages.  This mobile marketing program may include a short code. The program entails the following:

  • Club NRS members can opt-in (where required) to receive automated calls and Messages on their mobile devices regarding their membership, account activities, Deals, and other special offers. Messages may also include promotions, discounts, product news, special offers and informational alerts for NRS products and services, as well as Vendor products and services that may be of interest to the member;
  • Consent to receive Messages is not a condition of purchase of a Deal;
  • Club NRS uses standard-rate SMS messages and is a recurring program;
  • Pricing: message and data rates may apply;
  • Opting In: you can opt in (where required) using various methods, including signing up at clubnrs.com.  Messages will only be sent to those customers that have consented to receive them.  Opted in members will receive a confirmation message from NRS;
  • Message Frequency: members will not receive more than 6 marketing Messages per month under this program;
    • STOP Instructions: members can opt out of receiving Messages at any time by replying STOP, END, CANCEL, UNSUBSCRIBE, QUIT or STOP ALL to the short code, clicking the unsubscribe button on an email or by contacting a customer service agent;
  • HELP Instructions: members can request customer support by replying HELP to the short code or by calling customer service at (800) 215-0931.
  • Members agree not to send any message or content through the program that is unlawful, abusive, threatening, fraudulent, defamatory, could damage NRS facilities or servers or is otherwise objectionable in NRS’s sole discretion;
  • Members that send a message or post any information to NRS through the program are granting NRS a royalty-free, world-wide, transferable, irrevocable license to use this information and to reformat, excerpt, or translate such information. NRS reserves the right at all times to post, remove or restrict any information or materials, in whole or in part, in NRS’s sole discretion.  Carriers are not liable for delayed or undelivered Messages; and
  • NRS reserves the right to suspend and/or terminate its mobile marketing program or any member’s use of its mobile marketing program at any time for any reason without notice.

 

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