THE FOLLOWING DESCRIBES THE TERMS ON WHICH
A CLOSER LOOK, LLC
OFFERS YOU ACCESS TO OUR SERVICES.
Last Modified: September 2020
- Access Eligibility. Access to the Services is generally authorized to Mystery Shoppers who contract with us, other Reporting Users, Company employees, service providers and affiliates, and Clients of the Company.
- 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 Clients at the time of authorization of the mystery shopping destination. Other users are not eligible to receive any compensation or funds whatsoever in connection with the Services or otherwise in connection with the Company. Clients of the Company are required to pay the license fees as described in their Service Agreement in order to receive the data collected for them by the Company.
- The Company is Only a Conduit of Information.
- Our Services gather data submitted by Reporting Users. This data is automatically summarized into reports. As a result, we make no representations about the truth or accuracy of the data reported by such Reporting Users. The demographic data and specific information reported by any Reporting User will only be as accurate as they were when the Reporting User entered or transmitted them.
- Reports produced from the data entered by Reporting Users 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 Reporting Users, 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 Services, or by anyone who may be informed of any of their contents.
- Because the Company has no control over the data as it is entered or transmitted, 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 Client, licensee, or Reporting User, such end 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.
- “Demographic Data” is defined as any information a Reporting User provides to us or is collected by us or Clients in the registration and qualification process, or in later use of the Services. The Reporting User 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. Reporting Users represent and warrant that:
- The Demographic Data furnished is not false, inaccurate or misleading, that each Reporting User 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 Clients.
- 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.
- 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 Client. The information collected and processed through the Services is proprietary in nature to the Company and constitutes a valuable property being furnished to the Client. Clients promise they will comply with all provisions of the separate Service Agreement regarding access to and the use of all software, runtime routines, source codes furnished them by the Company directly or through the Services, the customizable features and the resulting data and reports.
- Intellectual Property Rights.
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Service for your own personal, non-commercial use (or, in the case of Clients, you may print or download material as permitted by the Service Agreement) and not for further reproduction, publication, or distribution.
- 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.
- You may collect screen shots or other information the Company requests, to aid in debugging or use of the Services.
- You must not:
- Modify copies of any materials from the Services.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.
- You must not access or use for any commercial purposes any part of the Services or any services or materials available through the Services.
- 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 SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT OR AVAILABLE THROUGH THE SERVICES, OR ON ANY WEBSITE LINKED TO THE SERVICES. YOUR USE OF THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES 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 SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE AVAILABLE, ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES 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.
- 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 TOTAL OF ANY FUNDS PAID TO YOU BY THE COMPANY AS REIMBURSEMENT FOR SERVICES UNDER A MYSTER SHOPPER AGREEMENT IN THE PRECEDING TWO (2) MONTHS.
- No Relationship Created. Neither the acceptance of an applicant as a qualified Mystery Shopper nor the submission of material by any other Reporting User shall create an employer/employee relationship, agency, partnership, joint venture, or franchiser-franchisee relationship between the Company such Reporting User. 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.
- 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.
- Ownership and Reservation of Rights. The Services, the contents thereof, and the related software, data compiled, reports, and the trade names or marks of the Services 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.
- 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.