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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