The following Terms of Use ("Terms") constitute an agreement between Mercedes Eckert LLC dba iShop ("Company"), and you that governs your use of this website and all of its associated services, content, and functionality. This policy applies to the website administered by Company ("Website"), located at https://ishopquest.com. In the Terms, we may refer to the written, audio, photographic, and video content on the Website, including any content published by the Company in newsletters or available through paid products or free resources, as the "Company Content."
By using this Website or the Company Content, you accept and agree to be bound and abide by these Terms.
CHANGES TO THESE TERMS
Company reserves the right to modify, alter, amend or update its Website, the Company Content, its policies, and these Terms. These Terms are subject to change without notice. All changes are effective immediately upon posting. If you do not agree with or do not accept any part of these Terms, you must not use the Website or interact with the Company Content.
Your continued use of the Website or Company Content following any changes to the Terms means that you accept and agree to the changes. You are expected to check this page periodically, so you are aware of any changes, as they are binding on you.
ADDITIONAL POLICIES INCORPORATED INTO THESE TERMS
Any additional policies or terms adopted by Company may be incorporated into these terms by reference. This includes our Privacy Policy, located at https://ishopquest.com/privacy-policy, which defines Company's practices related to consumer privacy and data usage.
PERMITTED USERS
This Website is meant for users over 18 years old. By using this Website, you represent and warrant that you meet this eligibility requirement. If you do not meet this requirement, you must not access or use the Website or Company Content.
SHOPQUEST ACCOUNTS
To use ShopQuest, you must register an account. There are two types of accounts: Mystery Shopper and Hiring Company.
If you are an individual seeking to apply for mystery shopping opportunities, you must utilize a Mystery Shopper Account. To register, you must complete the requested information. After registration, you will be able to access the listings from Hiring Companies. To apply, click on the link in the listing. It is your sole responsibility to complete any necessary due diligence on the Hiring Company. You agree that Company is not responsible for the outcome of any application and you waive any claims related to your experience with a Hiring Company.
Opportunities may only be listed by a Hiring Company. To register, enter your information. You may then add your Opportunities from your account. All listings must contain a valid URL where Mystery Shoppers may visit to submit their applications. You agree that the information provided in the opportunities will be true and accurate. You agree to delete opportunities from ShopQuest when they are no longer open or have expired.
If you receive an inappropriate communication from any other member related to an opportunity, you agree to report it to _______________ as soon as possible.
There is no guarantee that you will see positive results as a member of ShopQuest. If you are a Mystery Shopper, there is no guarantee that you will be hired for any opportunities. If you are a Hiring Company, there is no guarantee that you will be able to fill any posted opportunity.
YOUR RESPONSIBILITY IN USING THE COMPANY CONTENT
The Company Content was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the Company Content. Company makes no representations, warranties, or guarantees. You understand that results may vary from person to person. Company assumes no responsibility for errors or omissions that may appear in the Company Content.
USE OF THE WEBSITE
Unless otherwise stated, Company owns the intellectual property and rights to all Company Content and the Website. Subject to the license below, all intellectual property rights are reserved.
You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms.
Unless it is specifically and expressly made available for such purpose, the following uses are not permitted:
- Republication, redistribution, sale, rental, or sub-licensing of content from the Company Content or Website;
- Reproduction or duplication of any content in the Company Content or on the Website for commercial purposes;
- Modification of any Company Content or information on the Website.
From time to time, the Website will utilize various plugins or widgets to allow sharing of content via social media channels, email, or other methods. Use of these plugins or widgets does not constitute any waiver of Company's intellectual property rights. Such use is a limited license to republish the content on the approved social media channels only, with full credit to Company.
PROHIBITED USES OF THE WEBSITE
You must not use the Website in a way that causes, or may cause, damage to the Website or impair the availability of access to the Website. You must not decompile, reverse engineer, disassemble, or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, and/or other harmful code or malicious software.
You must not conduct any systematic or automated data collection activities, including, but not limited to, scraping, data mining, data extraction, or data harvesting on or in relation to the Website without Company's express written permission.
You must not use the Website or Company Content to transmit or send any unsolicited commercial communications, including, but not limited to, spam comments. You may not use the Website to link third-party content in a way that is unfair or deceptive.
You must not use the Website for any third-party marketing without Company's express written permission.
INTELLECTUAL PROPERTY RIGHTS
Copyright
Unless otherwise noted, the design, content, and all components of the Website and Company Content are copyrights owned by Company or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.
From time to time, the Company Content will legally utilize copyrights owned by third parties. These copyrights are the respective property of their owners and Company makes no claim of ownership.
Trademarks
Company's trademarks and trade dress may not be used in connection with any product or service that is not Company's, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits Company or its owners.
From time to time, the Company Content will legally utilize or reference trademarks owned by third parties. These trademarks are the respective property of their owners and Company makes no claim of ownership.
Content Contributed to the Website
In limited circumstances, you may contribute content to the Website, including, but not limited to, comments, posts, or submissions. Any content you contribute to the site, including, but not limited to text, images, audio material, comments, video material, and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party's legal rights, and must not be capable of giving rise to legal action whether against you, Company, or a third party.
Company reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on Company's servers; or, (iii) hosted or published on the Website. Company takes no responsibility and assumes no liability for any content posted by you or any third party.
Notwithstanding Company's rights under the Terms, Company does not undertake to monitor the submission of all content to, or the publication of such content on, the Website.
Grant of Rights
You grant Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute any content you contribute to the Website or Company Content. This includes, but is not limited to, text, images, audio material, comments, video material, and audio-visual material. This license extends to all known and future media. You also grant Company the right to sub-license these rights and the right to bring an action for infringement of these rights.
In the event that you contribute any comments or suggestions regarding the Website or Company Content to Company, including, but not limited to, notes, text, drawings, images, designs, or computer programs, such submissions shall become, and shall remain, the sole property of Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
TESTIMONIALS
The Company Content may feature testimonials from clients, in order to provide readers with comments, feedback, and information from others' experiences with our services, Website and the ShopQuest Membership. While all information, photos, and quotes used are from actual clients, sharing their real, honest opinions of our website and services, these testimonials are not to be considered as a guarantee that current or future clients will experience the same results, or a guarantee that all clients will have the same experience. You understand and agree that by reading a featured testimonial in the Company Content, you do not expect the same results, and understand this information is not a guarantee.
CHANGES TO THE COMPANY CONTENT
Company reserves the right to modify any Company Content or the Website at any time; however, Company does not guarantee that the Company Content is complete or up-to-date. The Company Content may be out of date and Company is under no obligation to update any Company Content at any time.
COMMUNICATION
If you send Company an email, register to use the Website, or provide your email to Company in any other way, you consent to receive communications from Company electronically. You agree that all legal notices provided via electronic means from Company satisfy any requirement for written notice.
MONITORING AND ENFORCEMENT
Company has the right to:
- Remove or refuse to post any contribution for any reason, in Company's sole discretion.
- Take any action, including deletion, with respect to any contribution made to the Website.
- Disclose your identity (if known) or other information regarding your usage of the Website to any third party who claims that any contribution you make to the Website violates their rights, including their intellectual property rights or right to privacy.
- Take appropriate legal action for any illegal or unauthorized use of the Website.
Company does not, however, review all contributions to the Website prior to posting and cannot ensure prompt removal of objectionable contributions. Company assumes no liability for any action or inaction regarding contributions from a third party.
TERMINATION
The Company reserves the right, in its sole discretion, to immediately terminate your access to the Website and Company Content without notice to you.
LINKS FROM THE WEBSITE
Any links on the Website are provided for your convenience only. This includes links in advertisements or sponsored content. Company is not responsible for the content on any pages linked on the Website and accepts no responsibility for your use of such links.
THIRD PARTIES
The Website and Company Content may contain links to third-party websites that are not governed or controlled by Company. You represent and warrant that you have read and agree to be bound by all applicable terms of use and policies for any third-party website. Company assumes no control or liability over the content of any third-party sites. You expressly hold Company harmless from all liability related to your use of a third-party website.
Prior to engaging in any events or commercial transactions with any third parties discovered through or linked on the Website, you must complete any necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Website, you expressly hold Company harmless from any and all liability in any dispute.
NO WARRANTIES
The Website is provided on an "as is" and "as available" basis without any representations or warranties, express or implied. Company makes no representations or warranties in relation to the Website or the Company Content.
Company makes no warranty the Website will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. Company is not responsible to you for the loss of any content or material uploaded or transmitted through the Website. The Website and Company Content are written in English and Company makes no warranty regarding translation or interpretation of content in any language.
Company may also make the unilateral decision to change or discontinue all or part of the Company Content. The Company Content is offered on an "as is" basis, with no additional attachments or warranties therein. You understand and agree we are not obligated to you to continue hosting all or part of our Company Content, nor shall Company be liable for any harm to your business or personal self as a direct or indirect result of a decision to alter, remove, or change the Company Content without notice.
LIMITATION OF LIABILITY
COMPANY WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
INDEMNITY
You agree to defend, indemnify and hold Company, its members, employees, officers, directors, managers, and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs, and expenses (including reasonable attorneys' fees and expenses) which Company suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.
RELEASE OF CLAIMS
You agree that under no circumstances will Company be liable to any party for any type of damages resulting or claiming to result from any use of or reliance on our Company Content, and you hereby release us from any and all claims whether known now or discovered in the future.
DISPUTE RESOLUTION
If there is any controversy, claim, action, or dispute arising out of or related to your use of the Company Content or the breach, enforcement, interpretation, or validity of these Terms or any part of them ("Dispute"), you and Company agree to resolve the Dispute through the dispute resolution procedures set forth herein, even if the Dispute arose prior to the Effective Date of these Terms.
Informal Negotiation
In the event of a Dispute, you agree to first attempt to negotiate with Company by sending Company a written notice outlining the nature of the Dispute. Company will respond within 45 days so the parties may engage in an information negotiation related to the Dispute. If, within 90 days, the Parties are unable to reach a resolution, arbitration is required, as described below. This informal negotiation period is a condition precedent that must be satisfied prior to filing any arbitration claim.
Individual Arbitration
YOU AND COMPANY AGREE THAT, IF ANY DISPUTE CANNOT BE RESOLVED BY THE INFORMAL DISPUTE RESOLUTION PROCEDURE OUTLINED ABOVE, SUCH DISPUTE SHALL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU AND COMPANY WILL NOT HAVE, AND WE EACH WAIVE, THE RIGHT TO HAVE A JUDGE OR JURY DECIDE THE CLAIMS, AND THAT NEITHER PARTY IS PERMITTED TO PROCEED IN A CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE CAPACITY. Other rights that the parties would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights.
Any such controversy or claim arising out of or relating to the Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Washoe County, Nevada. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.
Mass Arbitration
This Section on Mass Arbitrations (defined below) supersedes any provision to the contrary in these Terms.
If you or Company files a demand for Arbitration that is one of fifty (50) or more similar demands for Arbitration filed against the other party (i.e., against you or Company, as applicable) by parties represented by the same law firm or law firms acting in coordination ("Mass Arbitration"), the arbitration of the Dispute, and all other Disputes constituting the Mass Arbitration, shall be conducted in accordance with the American Arbitration Associaton's Mass Arbitration Supplementary Rules.
In the event of a Mass Arbitration, any issues arising under or relating to (a) the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable or (b) the jurisdiction of the arbitrator, including any objections with respect to the existence, scope, or validity of this Section or the arbitrability of any claim or counterclaim, shall be decided by a court of competent jurisdiction.
CHOICE OF LAW AND FORUM
The Terms shall be governed by the laws of the State of Indiana. You agree to personal jurisdiction therein.
To the extent that any Dispute is not governed by the Arbitration provision above, you agree that the courts of Indiana will have jurisdiction. You agree that any claims will be brought and maintained on an individual basis and not as part of any class, consolidated, collective, or representative capacity, and that you waive the right to a jury trial.
MISCELLANEOUS PROVISIONS
If any provision(s) of the Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.
The Terms may not be assigned by you without Company's prior written consent; however, the Terms may be assigned by Company in its sole discretion.
The Terms are the final, complete, and exclusive agreement of the parties with respect to the Website offered by Company; however, Company may make modifications as stated above.
All notices with respect to the Terms must be in writing and may be via email to ____ for Company and to your email address.