Last Modified: October 2019
1. Site Access Eligibility. Access to this site is generally authorized to Mystery Shoppers who contract with us, the Company employees and affiliates, licensees of the Company and their customers.
2. Payments, Fees and Services. Qualified Mystery Shoppers are eligible to receive reimbursement for their costs of visiting designated sites according to the limits imposed by the Company or its licensees at the time of authorization of the mystery shopping destination. Licensees of the Company are required to pay the license fees as described in their service agreement in order to receive the data collected by the Company.
3. The Company is Only a Conduit of Information.
a. Our website gathers data submitted by Mystery Shoppers. This data is automatically summarized into reports. As a result, we make no representations about the truth or accuracy of the data reported by the Mystery Shoppers. The demographic data and specific shopping experiences of any Mystery Shopper will only be as accurate as they were when the Mystery Shopper entered them.
b. Reports produced from the data entered by the Mystery Shoppers contain statistical data and subjective information. Accordingly, any inferences to be drawn by the user of such reports belong to such user alone. The Company is not responsible for the data reported by the Mystery Shoppers, the statistical abstracts summarized therefrom, nor any inference that can be drawn from such data. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
c. Because the Company has no control over the data as it is entered, nor how any reports produced therefrom are used, the Company is not responsible for any errors or omissions, whether deliberate or accidental, in the data or the resulting reports. In the event any end user of the reported data may have a dispute with any licensee or mystery shopper, such user hereby releases the Company (and our officers, directors, agents, subsidiaries, employees and subcontractors) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
4. Mystery Shoppers: “Demographic Data” is defined as any information a Mystery Shopper provides to us or other Licensees in the registration and qualification process, or in later use of the Website. The Mystery Shopper is solely responsible for their own Demographic Data and the Company acts as a passive conduit for the online distribution and publication of this data in a statistically meaningful manner. Mystery Shoppers represent and warrant that:
a. The Demographic Data furnished is not false, inaccurate or misleading, that each Mystery Shopper will truthfully report their demographic data and the results of their mystery shopping experience and will submit timely reports in the format created by the Company or its Licensees
b. That any uploads of data shall not contain any viruses, Trojan horses, worms, time bombs, other computer programming routines that might damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
5. Licensees and End Users. As stated previously, the rights and obligations of licensees of the Company are governed by a written service agreement entered between the Company and such Licensee. The information collected and processed through this website is proprietary in nature to the Company and constitutes a valuable property being furnished to the Licensee. Licensees promise they will comply with all provisions of the separate license agreement regarding access to and the use of all software, runtime routines, source codes furnished them by the Company directly or through this website, the customizable features and the resulting data and reports.
6. Intellectual Property Rights.
i. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
ii. You may store files that are automatically cached by your Web browser for display enhancement purposes.
iii. You may print [or download] one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
iv. If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
v. You may collect screen shots or other information the Company requests, to aid in debugging or use of the Website.
b. You must not:
i. Modify copies of any materials from this site.
ii. Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
iii. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
c. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
11. No Warranty. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
12. Liability Limit. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE REIMBURSEMENT YOU EXPECTED.
14. No Relationship Created. The acceptance of an applicant as a qualified Mystery Shopper shall not create an employer/employee relationship, agency, partnership, joint venture, or franchiser-franchisee relationship between the Company and the Mystery Shopper applicant. All qualified independent contractors will be reimbursed according to the designated allowances for each specific client event. Any costs or damages incurred or sustained by a qualified mystery shopper in excess of the reimbursement allowance shall be the sole responsibility and expense of the Mystery Shopper.
15. Notices. Except as explicitly stated otherwise, any notices shall be given by the Company to the email address you provided to the Company. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by email to the address provided to the Company during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
17. Ownership and Reservation of Rights. The Website, the contents thereof, and the related software, data compiled, reports, and the trade names or marks of The Websites are the property of the Company and all rights of reproduction, use, licensing, distribution, and assigning remain inviolable and under the control and discretion of the Company.
20. Severability. In the event that any provision of this Agreement is held or construed to be invalid by any arbitrator or court having jurisdiction over disputes related to this Agreement, such provision will, if reasonable to do so, be restated to reflect as nearly as possible the original intentions of the Company in accordance with applicable law or, if not reasonable to do so, be deemed to be excluded from this Agreement. In any event, all other provisions of this Agreement will remain in full force and effect.