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Terms of Use


MSP / MYSTERYSHOPPERSAMERICA.COM


THIS TERMS OF USE AGREEMENT (“AGREEMENT“) IS A LEGAL AGREEMENT BETWEEN YOU (“USER“) AND MYSTERYSHOPPERSAMERICA.COM / MSP. BY ACCESSING AND USING THIS WEBSITE LOCATED AT WWW.MYSTERYSHOPPERSAMERICA.COM (“SITE”), USER ACKNOWLEDGES THAT HE OR SHE HAS READ, UNDERSTOOD AND AGREES WITH THE TERMS AND CONDITIONS STATED WITHIN THIS AGREEMENT. USER REPRESENTS THAT HE/SHE IS AT LEAST 18 YEARS OF AGE AND HAS ATTAINED THE AGE OF MAJORITY IN THE STATE OR COUNTRY IN WHICH THE USER RESIDES, AND ANY INFORMATION THAT SAID USER SUBMITS IS CORRECT.

THE MYSTERYSHOPPERSAMERICA.COM WEBSITE IS DESIGNED TO PROVIDE ACCURATE AND AUTHORITATIVE INFORMATION IN REGARD TO THE SUBJECT MATTER COVERED BUT IT IS MADE AVAILABLE WITH THE UNDERSTANDING THAT MSP IS NOT ENGAGED IN RENDERING LEGAL, ACCOUNTING, STAFFING OR OTHER PROFESSIONAL SERVICES. IF LEGAL OR PROFESSIONAL ADVICE IS REQUIRED, THE SERVICES OF A QUALIFIED PROFESSIONAL SHOULD BE SOUGHT. MSP DOES NOT GUARANTEE OR WARRANT VISITORS WHO USE THE INFORMATION PROVIDED ON THIS SITE WILL ACHIEVE RESULTS SIMILAR TO THOSE DISCUSSED.

COPYRIGHT

ALL OF THE CONTENT ON THIS SITE IS THE PROPERTY OF MSP AND IS PROTECTED BY INTERNATIONAL COPYRIGHT LAWS. THE TERM “CONTENT”; SHALL INCLUDE ALL TEXT, GRAPHICS AND ANY AND ALL OTHER FEATURES FOUND ON THE SITE. ANY COPYING, DISTRIBUTION, STORING OR TRANSMISSION OF ANY KIND, OR ANY SORT OF COMMERCIAL USE OF OUR CONTENT IS STRICTLY PROHIBITED WITHOUT OUR PRIOR WRITTEN PERMISSION FROM MSP. UNAUTHORIZED REPRODUCTION OR DISTRIBUTION OF ANY INFORMATION INCLUDED ON THE MYSTERYSHOPPERSAMERICA.COM WEBSITE, OR ANY PORTION OF IT, MAY RESULT IN SEVERE CIVIL AND CRIMINAL PENALTIES AND VIOLATORS WILL BE PROSECUTED TO THE MAXIMUM EXTENT PERMISSABLE BY LAW.

PRIVACY

YOUR PRIVACY IS VERY IMPORTANT TO MYSTERYSHOPPERSAMERICA.COM / MSP. WE PLACE GREAT VALUE ON THE COMFORT AND PEACE OF MIND OR OUR MEMBERS. MYSTERYSHOPPERSAMERICA.COM / MSP WILL NOT RENT, SELL OR SHARE YOUR PERSONAL INFORMATION WITH ANYONE AT ANY TIME. FURTHER, WE USE THE HIGHEST LEVELS OF SECURITY AVAILABLE TO ENSURE THAT YOUR PERSONAL INFORMATION IS KEPT STRICTLY CONFIDENTIAL. THIS WEB SITE IS SECURED BY 128 BIT ENCRYPTION, THE STRONGEST AND MOST SECURE PROTECTION AVAILABLE.

USER CONDUCT

USER IS RESPONSIBLE FOR ALL USE OF USER’S ACCOUNT INFORMATION INCLUDING SCREEN NAME AND PASSWORD AND E-MAIL ADDRESS, IF APPLICABLE. USER SHALL BE SOLELY RESPONSIBLE FOR MAINTAINING THE SECURITY OF HIS/HER PASSWORD. USER AGREES THAT ALL INFORMATION POSTED OR ACCESSED WILL BE USED ONLY FOR USER’S PERSONAL AND INTERNAL PURPOSES. USER MAY DOWNLOAD MATERIAL FROM THE SHOPPERSCANADA.COM SITE ONLY WHERE ALLOWED BY THE SITE AND ONLY FOR THE USER’S PERSONAL, INTERNAL AND NON-COMMERCIAL USE. USER WILL NOT TAKE PART IN ANY UNAUTHORIZED USE OF THE SITE, OR ANY INTERACTIVE FEATURES AVAILABLE ON THE SITE, OR DISSEMINATE OR MAKE PUBLICLY AVAILABLE ANY OF THE INFORMATION AVAILABLE ON THE SITE. USER MAY NOT ENGAGE IN ANY CONDUCT OR ACTION THAT IS PROHIBITED BY LAW OR THAT VIOLATES ANY COUNTRY, FEDERAL, STATE OR LOCAL LAWS.

USER UNDERSTANDS THAT ALL INFORMATION, DATA, TEXT, SOFTWARE, MUSIC, SOUND, IMAGES, VIDEO OR OTHER MATERIALS (“CONTENT”), WHETHER PUBLICLY POSTED OR PRIVATELY TRANSMITTED, ARE THE SOLE RESPONSIBILITY OF THE SOURCE FROM WHICH SUCH CONTENT ORIGINATED. THIS MEANS THAT THE USER, AND NOT MYSTERYSHOPPERSAMERICA.COM OR MSP, ARE ENTIRELY RESPONSIBLE FOR ALL CONTENT THAT THE USER UPLOADS, POSTS, EMAILS, TRANSMITS OR OTHERWISE MAKES AVAILABLE VIA THE SITE EITHER DIRECTLY OR INDIRECTLY. MYSTERYSHOPPERSAMERICA.COM DOES NOT CONTROL THE CONTENT POSTED OUTSIDE THE SITE AND AS SUCH, DOES NOT GUATRANTEE THE ACCURACY, INTEGRITY OR QUALITY OF SUCH CONTENT.

USER AGREES TO NOT USE THE SITE TO:

UPLOAD, POST, EMAIL, TRANSMIT OR OTHERWISE MAKE AVAILABLE ANY CONTENT THAT IS UNLAWFUL, THREATENING, ABUSIVE, HARASSING, TORTUOUS, DEFAMATORY, VULGAR, OBSCENE, LIBELLOUS, INVASIVE OF ANOTHER’S PRIVACY, HATEFUL, OR RACIALLY, ETHNICALLY OR OTHERWISE OBJECTIONABLE;

IMPERSONATE ANY PERSON OR ENTITY, INCLUDING, BUT NOT LIMITED TO, AN MSP OFFICIAL, FORUM LEADER, GUIDE OR HOST OR FALESLY STATE OR OTHERWISE MISREPRESENT YOUR AFFILIATION WITH ANY PERSON OR ENTITY;

FORGE HEADERS OR OTHERWISE MANIPULATE IDENTIFIERS IN ORDER TO DISGUISE THE ORIGIN OF ANY CONTENT TRANSMITTED THROUGH THE SITE;

UPLOAD, POST, EMAIL, TRANSMIT OR OTHERWISE MAKE AVAILABLE ANY CONTENT THAT YOU DO NOT HAVE A RIGHT TO MAKE AVAILABLE UNDER ANY LAW OR UNDER CONTRACTUAL OR FIDUCIARY RELATIONSHIP (SUCH AS INSIDE INFORMATION, PROPRIETARY AND CONFIDENTIAL INFORMATION LEARNED OR DISCLOSED AS PART OF EMPLOYMENT RELATIONSHIPS OR UNDER NONDISCLOSURE AGREEMENTS);

UPLOAD, POST, EMAIL, TRANSMIT OR OTHERWISE MAKE AVAILABLE ANY CONTENT THAT INFRINGES ANY PATENT, TRADEMARK, TRADE SECRET, COPYRIGHT OR OTHER PROPRIETARY RIGHTS (“RIGHTS”) OF ANY PARTY;

UPLOAD, POST, EMAIL, TRANSMIT OR OTHERWISE MAKE AVAILABLE ANY UNSOLICITED OR UNAUTHORIZED ADVERTISING, PROMOTIONAL MATERIALS, “JUNK MAIL,” “SPAM,” “CHAIN LETTERS,” “PYRAMID SCHEMES,” OR ANY OTHER FORM OF SOLICITATION;

UPLOAD, POST, EMAIL, TRANSMIT OR OTHERWISE MAKE AVAILABLE ANY MATERIAL THAT CONTAINS SOFTWARE VIRUSES OR ANY OTHER COMPUTER CODE, FILES OR PROGRAMS DESIGNED TO INTERRUPT, DESTROY OR LIMIT THE FUNCTIONALITY OF ANY COMPUTER SOFTWARE OR HARDWARE OR TELECOMMUNICATIONS EQUIPMENT;

INTERFERE WITH OR DISRUPT THE SITE OR SERVERS OR NETWORKS CONNECTED TO THE SITE, OR DISOBEY ANY REQUIREMENTS, PROCEDURES, POLICIES OR REGULATIONS OF NETWORKS CONNECTED TO THE SITE;

INTENTIONALLY OR UNINTENTIONALLY VIOLATE ANY APPLICABLE LOCAL, PROVINCIAL, STATE, NATIONAL OR INTERNATIONAL LAW;

“STALK” OR OTHERWISE HARASS ANOTHER, OR COLLECT OR STORE PERSONAL DATA ABOUT OTHER USERS;

HARM MINORS IN ANY WAY.

USER ACKNOWLEDGES, CONSENTS AND AGREES THAT MSP MAY ACCESS, PRESERVE AND DISCLOSE YOUR ACCOUNT INFORMATION AND CONTENT IF REQUIRED TO DO SO BY LAW OR IN A GOOD FAITH BELIEF THAT SUCH ACCESS PRESERVATION OR DISCLOSURE IS REASONABLY NECESSARY TO: A) COMPLY WITH LEGAL PROCESS; B) ENFORCE THE TERMS OF USE; C) RESPOND TO CLAIMS THAT ANY CONTENT VIOLATES THE RIGHTS OF THIRD-PARTIES; D) RESPOND TO USER’S REQUEST FOR CUSTOMER SERVICE; OR E) PROTECT THE RIGHTS, PROPERTY OR PERSONAL SAFETY OF MYSTERYSHOPPERSAMERICA.COM AND/OR MSP, ITS USERS AND THE PUBLIC. MSP RESERVES THE RIGHT TO TERMINATE ANY USER MEMBERSHIP AT THE SOLE DISCRETION OF MSP.

LINKS TO THIRD PARTY SITES

THE SITE CONTAINS LINKS TO THIRD-PARTY WEBSITES WHICH ARE NOT UNDER THE CONTROL OF MYSTERYSHOPPERSAMERICA.COM AND/OR MSP. MSP MAKES NO REPRESENTATIONS WHATSOEVER ABOUT ANY OTHER WEBSITE TO WHICH YOU MAY HAVE ACCESS THROUGH THE MYSTERYSHOPPERSAMERICA.COM SITE. WHEN ACCESSING A NON-MYSTERYSHOPPERSAMERICA.COM WEBSITE, YOU DO SO AT YOUR OWN RISK AND ACKNOWLEDGE THAT MYSTERYSHOPPERSAMERICA.COM AND MSP ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCT OR OTHER MATERIAL AVAILABLE FROM SUCH THIRD PARTY SITES.

USER ALSO AGREES THAT MYSTERYSHOPPERSAMERICA.COM AND MSP SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT AS THE RESULT OF USING ANY THIRD-PARTY’S WEBSITE. MENTION OF THIRD-PARTY COMPANIES AND WEBSITES ON THE MYSTERYSHOPPERSAMERICA.COM SITE IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUE AN ENDORSEMENT OR RECOMMENDATION.

MSP MEMBER SERVICES ENABLE CONSUMERS TO CONNECT WITH COMPANIES KNOWN TO OFFER COMPENSATION TO MYSTERY SHOPPERS VIA ONLINE LINKS THROUGH THE MEMBERS-ONLY RESOURCES. MSP DOES NOT HIRE MYSTERY SHOPPERS DIRECTLY, NOR DOES MSP GUARANTEE EMPLOYMENT. MYSTERYSHOPPERSAMERICA.COM WEBSITE HAS BEEN CREATED TO DIRECT MEMBERS TO EMPLOYMENT RESOURCES AND FOR INFORMATIONAL AND INSTRUCTIONAL PURPOSES.

LINKING AND FRAMING THE WEB SITE

LINKS TO THE MYSTERYSHOPPERSAMERICA.COM WEBSITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF MYSTERYSHOPPERSAMERICA.COM AND/OR MSP ARE STRICTLY PROHIBITED.

LIMITATION OF LIABILITY

USER EXPRESSLY UNDERSTANDS AND AGREES THAT MSP SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPT OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SITE, OR RESULTING FROM ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED, EVEN IF MSP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OF DAMAGE.

WHILE EVERY EFFORT IS MADE TO INSURE ACCURACY, MSP MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES MSP MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE.

USER UNDERSTANDS AND AGREES THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT USER’S OWN RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT.

UNLESS EXPRESSLY STATED OTHERWISE, MSP PROVIDES THIS SITE CONTENT “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWABLE BY LAW. THIS INCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL MSP OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE CONTENT, EVEN IF MSP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION IS SUBJECT TO THE PROVISIONS OF ANY APPLICABLE LAW THAT MAY RESTRICT ITS SCOPE.

THE CONDITIONS AND TERMS OF MEMBERSHIP. BY PROCURING THE SERVICES OF MSP, USER AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT. MSP REQUIRES THAT NEW MEMBERS ACTIVELY PARTICIPATE IN THE MYSTERY SHOPPER’S ASSISTANCE PROGRAM FOR A PERIOD OF THIRTY DAYS BY REGISTERING WITH A MINIMUM OF FIFTY OF MSP'S LISTED MARKET RESEARCH COMPANIES FOR MYSTERY SHOPPING ASSIGNMENTS. NO REFUNDS WILL BE ISSUED PRIOR TO THIRTY DAYS OF MEMBERSHIP. IF A MEMBER IS NOT OFFERED ANY MYSTERY SHOPPING WORK WITHIN THIRTY DAYS OF MEMBERSHIP BY ACTIVELY PARTICIPATING IN THE MYSTERY SHOPPER’S ASSISTANCE PROGRAM AS REQUIRED, A REFUND MAY BE REQUESTED. MEMBERS MUST SUBSTANTIATE THEIR PARTICIPATION.

INDEMNIFICATION

USER AGREES, AT USER’S EXPENSE, TO INDEMNIFY, DEFEND AND TO HOLD HARMLESS MSP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES AND LICENSEES FROM AND AGAINST ANY JUDGMENT, LOSSES, DEFICIENCIES, DAMAGES, LIABILITIES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES AND EXPENSES) INCURRED IN CONNECTION WITH OR ARISING FROM ANY CLAIM, DEMAND, SUIT, ACTION OR PROCEEDING ARISING OUT OF USER’S BREACH OF THIS AGREEMENT OR IN CONNECTION WITH USER’S USE OF THE SITE OR ANY PRODUCT OR SERVICE RELATED THERETO.

IN NO EVENT WILL MSP OR ANY OF ITS PROVIDERS' TOTAL LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY MSP OR ANY PERSON FOR WHOM MSP IS RESPONSIBLE, EXCEED THIRTY THREE DOLLARS OR THE AMOUNT YOU PAID TO MSP FOR USE OF THE SITE, WHICHEVER IS LESS.

CORPORATE IDENTIFICATION AND TRADEMARKS

ALL REGISTERD AND/OR UNREGISTERED TRADEMARKS AND/OR SERVICE MARKS USED OR REFERRED TO ON THE SITE ARE THE PROPERTY OF MYSTERYSHOPPERSAMERICA.COM AND MSP UNLESS OTHERWISE NOTED. USERS MAY NOT USE, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, DISTRIBUTE OR MODIFY THE MARKS IN ANY WAY WITHOUT THE PRIOR WRITTEN CONSENT OF MSP. THE USE OF THESE MARKS ON ANY OTHER WEBSITE OR MEDIUM, WITHOUT AUTHORIZATION, IS STRICTLY PROHIBITED. ALL MATERIALS CONTAINED ON THE SITE ARE COPYRIGHTD EXCEPT WHERE EXPLICITLY NOTED OTHERWISE. ALL RIGHTS RESERVED.

USER ACKNOWLEDGES AND AGREES THAT CONTENT CONTAINED ON THE SITE, INCLUDING BUT NOT LIMITED TO TEXT, SOFTWARE, MUSIC, SOUND, PHOTOGRAPHS, VIDEO, DESIGN, GRAPHICS OR OTHER MATERIAL (“CONTENT”), IS PROTECTED BY COPYRIGHTS, TRADEMARKS, SERVICE MARKS, PATENTS OR OTHER PROPRIETARY RIGHTS AND LAWS. USER MAY NOT COPY, REPRODUCE, DISTRIBUTE OR CREATE DERIVATIVE WORKS FROM THIS CONTENT OR OTHERWISE USE, TRANSMIT, REBROADCAST, PUBLISH, OR DISTRIBUTE IN ANY FORM THIS CONTENT OTHER THAN EXPRESSLY AUTHORIZED BY THIS AGREEMENT WITHOUT THE PRIOR WRITTEN CONSENT OF MSP. USING ANY MATERIALS ON THE SITE FOR ANY COMMERCIAL PURPOSE, WITHOUT EXPRESS WRITTEN CONSENT VIOLATES MSP COPYRIGHTS AND OTHER PROPRIETARY RIGHTS.

BY UPLOADING, POSTING OR OTHERWISE MAKING MATERIAL AVAILABLE ANY CONTENT FROM THE MYSTERYSHOPPERSAMERICA.COM SITE IN ANY PUBLIC AREA, USER AUTOMATICALLY GRANTS OR WARRANTS THAT THE USER OF SUCH MATERIAL HAS GRANTED MYSTERYSHOPPERSAMERICA.COM AND MSP A PERPETUAL, WORLD-WIDE, ROYALTY-FREE, EXCLUSIVE RIGHT AND LICENSE TO USE, REPRODUCE, MODIFY, PUBLISH AND DISTRIBUTE THE MATERIAL, IN WHOLE OR PART, IN ANY MEDIA OR TECHNOLOGY NOW KNOWN OR HEREAFTER DEVELOPED AND FURTHER ENTITLES MSP TO ANY PROCEEDS PROCURED BY USER AS A RESULT OF USING ANY MYSTERYSHOPPERSAMERICA.COM / MSP MATERIAL AND/OR CONTENT.

RESERVATION OF RIGHTS

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.

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Copyright 2014. MSP. All rights reserved.
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