LEGAL NOTICES AND TERMS AND CONDITIONS
This page states the "Terms and Conditions" under which you may use ShadowShopper.com. They also provide notice of some of ShadowShopper.com's policies.
Please read this page carefully.
If you do not accept the Terms and Conditions stated here, do not use this web site and service. By using this web site, you are indicating your
acceptance to be bound by the terms of these Terms and Conditions. ShadowShopper.com (the "Company") may revise these Terms and Conditions at any time by
updating this posting. You should visit this page periodically to review the Terms and Conditions because they are binding on you. The terms "You" and
"User" as used herein refer to all individuals and/or entities accessing this web site for any reason.
ACCEPTABLE SITE USE
Users may not use the Web Site in order to transmit, distribute, store or destroy material, including without limitation Web Site Content, (a) in violation
of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of
others or violate the privacy, publicity or other personal rights of others, or (c) that is harmful, defamatory, vulgar, obscene, threatening, abusive,
harassing, hateful, or otherwise objectionable.
Users are prohibited from violating or attempting to violate the security of the Web Site, including without limitation, (a) accessing data not intended
for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a
system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user,
host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, "flooding", "spamming", "mailbombing" or
"crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or
any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability.
The Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting
users who are involved in such violations.
SPECIFIC PROHIBITED USES
The Web Site may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees. The Company
specifically prohibits any use of the Web Site, and all users agree not to use the Web Site, for any of the following:
1. Posting any incomplete, false or inaccurate biographical information or information which is not your own accurate resume (living individual seeking
employment on a full-time or part-time basis on his or her own behalf).
2. Posting any franchise, pyramid scheme, "club membership," distributorship or sales representative agency arrangement or other business opportunity
which requires an up front or periodic payment, pays commissions only (except for postings that make clear that the available job pays commission only and
clearly describes the product or service that the job seeker would be selling, in which case such postings are permissible), requires recruitment of other
members, sub-distributors or sub-agents.
3. Deleting or revising any material posted by any other person or entity.
4. Using any device, software or routine to interfere or attempt to interfere with the proper working of the Web Site or any activity being conducted on
5. Taking any action which imposes an unreasonable or disproportionately large load on the Web Site's infrastructure.
6. If you have a password allowing access to a non-public area of this Web Site, disclosing to or sharing your password with any third parties or using
your password for any unauthorized purpose.
7. Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism
(including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Web Site other than the search engine
and search agents available from the Company on the Web Site and other than generally available third party web browsers (e.g., Netscape Navigator,
8. Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Web Site.
9. Aggregating, copying or duplicating in any manner any of the Web Site Content or information available from the Web Site.
10. Framing of or linking to any of the Web Site Content or information available from the Web Site.
11. Posting or transmitting any unsolicited advertising, promotional materials, junk mail, "spam," chain letters, or any other form of solicitation or any
non-biographical information such as opinions or notices, commercial, or otherwise. YOU MAY NOT SPAM OUR MEMBER COMPANIES OR CANDIDATES WHOSE BIOGRAPHIES
OR INFORMATION APPEAR ON THE WEB SITE. YOU MAY NOT RESPOND TO A JOB LISTING OTHER THAN IF YOU ARE APPLYING FOR THAT JOB ON BEHALF OF YOURSELF. RECRUITERS
AT A MEMBER COMPANY MAY NOT USE ALLOCATED JOB LISTINGS OTHER THAN TO LIST AVAILABLE JOBS AT THE MEMBER COMPANY.
USE OF SECURE AREA / REGISTRATION AND PASSWORD
Use of any password-protected area of the web site is restricted to the registered user who has been given permission and a password to enter such area.
This password cannot be distributed to others, and the registered user is responsible for any and all damages to ShadowShopper.com resulting from the
distribution of such password.
You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration,
whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your registration or password.
When you register for the Web Site, you will be asked to provide the Company with certain information including, without limitation, a valid email address
the Company may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. The Company
will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or
appropriate to comply with applicable laws or in legal proceedings where such information is relevant. The Company reserves the right to offer third party
services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by the
No refunds for any reason will be issued, either in full or for the unused portion of membership, for all new memberships which includes: trial Silver,
90 day Silver, 1 year Silver, 2 year Silver, trial Gold, 90 day Gold, 1 year Gold, 2 year Gold and Lifetime. ALL SALES ARE FINAL.
MEMBERSHIP RENEWAL (90 DAY AND 1 YEAR)
On your membership expiration date, your credit card or your PayPal account on file will be charged for continuing membership at your current membership level, Silver or Gold,
for the time period you have specified, either 90 days or 1 year, based on the preference you have set on your My Account page. You may request
not to have your credit card or PayPal account automatically charged. ALL SALES ARE
2 WEEK TRIAL MEMBERSHIP RENEWAL
On the 14th day of your 2 week trial membership, your credit card on file will be charged for continuing membership for the time period you have specified,
monthly (default setting), 90 days or 1 year, based on the preferences you have set on your My Account page. You may request NOT to have your
credit card automatically charged for renewal anytime during the 2 week trial period by either changing your account preferences yourself on the My Account page located at https://www.shadowshopper.com/shopper_my_account.cfm (select "I'll do it myself. Don't automatically
renew.") under Account Renewal Preference, or by emailing us a notification of your intent to prevent automatic renewal prior to the time of renewal. If
neither of these actions are taken prior to the renewal transaction, you agree to pay the full renewal charge. You may choose to cancel your membership after the renewal transaction has occurred. Choosing to not automatically renew your account upon your membership expiration date
will result in cancellation of your membership. ALL SALES ARE FINAL.
30 DAY TRIAL MEMBERSHIP RENEWAL
On the 30th day of your trial membership, your credit card or PayPal account on file will be charged for continuing membership at your current membership level for the time period you have specified, monthly, 90 days or 1 year, based on the preferences you have set on your My Account page. You may
request NOT to have your credit card or PayPal account automatically charged for renewal anytime during the 30 day trial period, however you WILL BE CHARGED for the initial
membership level you signed up for (this non-charging only applies to RENEWAL fees of membership)
by either changing your account preferences yourself on the My Account page located at
https://www.shadowshopper.com/shopper_my_account.cfm (select "I'll do it myself. Don't automatically renew.") under Account
Renewal Preference, or by emailing us a notification of your intent to prevent automatic renewal prior to the time of renewal. If neither of these actions
are taken prior to the renewal transaction, you agree to pay the full renewal charge. You may choose to cancel your membership after the renewal transaction has occurred. Choosing to not automatically renew your account upon your membership expiration date will result in
cancellation of your membership. ALL SALES ARE FINAL.
Membership dues are non-refundable. There are no refunds of any kind, in full or in part, for any unused portion of your membership should you choose to cancel.
As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You must not, and by using the Web
Site you agree not to, do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the
copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that
infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory,
threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post a sexually-explicit image or statement; post
advertisements or solicitations of business, post chain letters or pyramid schemes; impersonate another person; or post material that contains viruses,
Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data or information.
The Company does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed
by users. You acknowledge that any reliance on material posted by other users will be at your own risk.
The Company acts as a passive conduit for the online distribution and publication of user-submitted information and has no obligation to screen
communications or information in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of
communications which allegedly do not conform to these Terms and Conditions, the Company may investigate the allegation and determine in good faith and
its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to users for performance
or nonperformance of such activities. The Company reserves the right to expel users and prevent their further access to the Web Site for violating the
Terms and Conditions or the law and the right to remove communications which are abusive, illegal, or disruptive. The Company may take any action with
respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company
or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers.
By submitting content to any public or nonpublic area of the Web Site, including message boards, forums, contests and chat rooms, you grant the Company
and its affiliates the loyalty-free, perpetual, irrevocable, sub-licensable (through multiple tiers), non-exclusive right (including any moral rights) and
license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the
content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the
full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has
completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit
any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on
the Web Site retains any and all rights that may exist in such content.
Any hyperlinks contained in a job posting submitted by Customer will be disabled when such job posting is posted on the Web Site.
We appreciate hearing from our customers and welcome your comments regarding our services and the Web Site. Please be advised, however, that our policy
does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While
we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions,
suggestions, or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts, inventions, or other information
(collectively the "Submission"), the Submission shall be the property of the Company. None of the Submission shall be subject to any obligation of
confidence on our part and we shall not be liable for any use or disclosure of any Submission. The Company shall own exclusively all now known or later
discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise,
without compensation to you or any other person who submitted the Submission.
THE COMPANY'S LIABILITY
ShadowShopper.com is only a venue. This Web Site acts as a venue for employers to post job opportunities and candidates to post biographies and does not
screen or censor the listings offered. The Company is not involved in the actual transaction between employers and candidates. As a result, the Company
has no control over the quality, safety or legality of the jobs or biographies posted, the truth or accuracy of the listings, the ability of employers to
offer job opportunities to candidates or the ability of candidates to fill job openings. In addition, note that there are risks, including but not limited
to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons, or people acting under false pretenses. You assume all risks
associated with dealing with other users with whom you come in contact through the Web Site.
Because user authentication on the Internet is difficult, the Company cannot and does not confirm that each user is who they claim to be. Because we do
not and cannot be involved in user-to-user dealings or control the behavior of participants on the Web Site, in the event that you have a dispute with one
or more users, you release the Company (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) 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.
If you are a California resident, you waive California Civil Code d1542, which says: "A general release does not extend to claims which the creditor does
not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with
We are under no legal obligation to, and generally do not, control the information provided by other users which is made available through the Web Site.
By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We
expect that you will use caution and common sense when using this Web Site.
The Web Site Content may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness,
or timeliness of the Web Site or the Web Site Content. The use of the Web Site and the Web Site Content is at your own risk. Changes are periodically made
to the Web Site and may be made at any time.
You acknowledge and agree that you are solely responsible for the form, content and accuracy of any biography or material contained therein placed by you
on the Web Site. Employers are solely responsible for their postings on the Web Site.
The Company is not to be considered to be an employer with respect to your use of the Web Site and the Company shall not be responsible for any employment
decisions, for whatever reason made, made by any entity posting jobs on the Web Site.
THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR- FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL
MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE
FOR THOSE COSTS. THE WEB SITE AND WEB SITE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT
PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND
NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT,
GRAPHICS, AND LINKS.
DISCLAIMER OF CONSEQUENTIAL DAMAGES
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR
INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIRD PARTY NEWSLETTER
By submitting your information you agree to receive a third party newsletter from ShadowShopper.com. There is no cost to receive this newsletter. Should
you have any questions or concerns or if you would like to discontinue receipt of the Secret Shopper Newsletter simply email us at
LINKS TO OTHER SITES
The Web Site contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by the Company of
the contents on such third-party Web sites. The Company is not responsible for the content of linked third-party sites and does not make any
representations regarding the content or accuracy of materials on such third party Web sites. If you decide to access linked third party Web sites, you do
so at your own risk.
NO RESALE OR UNAUTHORIZED COMMERCIAL USE
LIMITATION OF LIABILITY
The aggregate liability for the Company to you for all claims arising from the use of the Web Site, Web Site Content or Materials, or products or services
received through the Web Site is limited to US $100.00.
The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your postings from
this Web Site and immediate termination of your registration with or ability to access this Web Site and/or any other service provided to you by the
Company, upon any breach by you of these Terms and Conditions, for cause in their sole discretion, or if the Company is unable to verify or authenticate
any information you submit to the Web Site.
You agree to INDEMNIFY, DEFEND, AND HOLD HARMLESS the Company, its officers, directors, employees, agents and servants for any and all claims, losses,
liability, actions, demands, damages, costs, attorneys' fees, accounting fees, and expenses of any type alleging or resulting from your use of the Web
Site, any Web Site Content or Material, any products purchased through the Web Site, any biographical information, any Mystery Shopping services or
products, or your breach of the terms of these Terms and Conditions, specifically including but not limited to NEGLIGENCE, GROSS NEGLIGENCE, invasion of
privacy, defamation, property damage, injury, or death, regardless of whether the liability, expense, cost, attorneys' fees, damages or property loss were
caused by the sole or comparative negligence or other fault of you, the Company, or any other person or entity. The Company shall provide notice to you
promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
The Company makes no claims that the Materials may be lawfully viewed or accessed outside of the United States. Access to the Materials may not be legal
by certain persons or in certain countries. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible
for compliance with the laws of your jurisdiction. These Terms and Conditions are governed by the internal substantive laws of the State of Texas, without
respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal
courts within Harris County, Texas. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the
invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and
effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as
pages, these Terms and Conditions constitute the entire agreement between you and the Company with respect to the use of Web Site. No changes to these
Terms and Conditions shall be made except by a revised posting on this page.