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MYSTERYSHOPPERSAMERICA.COM
TERMS OF USE
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.
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 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
© 2007. MSP. All rights reserved.
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