Terms and Conditions
Terms and Conditions:
Agreement between: user and www.EvaluatorShopper.com Welcome to www.EvaluatorShopper.com. The www.EvaluatorShopper.com website (the "Site") is comprised of various web pages operated by EvaluatorShopper.com www.EvaluatorShopper.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of
www.EvaluatorShopper.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. www.EvaluatorShopper.com is aMarket Research Consulting Company. Market Research Consulting Company. Our website serves as a platform for our Evaluator/Shoppers and Clients. Privacy: Your use of www.EvaluatorShopper.com is subject to EvaluatorShopper.com's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices. Electronic Communications: Visiting www.EvaluatorShopper.com or sending emails to EvaluatorShopper.com constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. Your account: If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that EvaluatorShopper.com is not responsible for third party access to your account that results from theft or misappropriation of your account. EvaluatorShopper.com and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. EvaluatorShopper.com does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.EvaluatorShopper.com only with permission of a parent or guardian. Links to third party sites/Third party services: www.EvaluatorShopper.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of EvaluatorShopper.com and EvaluatorShopper.com is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. EvaluatorShopper.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by EvaluatorShopper.com of the site or any association with its operators. Certain services made available via www.EvaluatorShopper.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.EvaluatorShopper.com domain, you hereby acknowledge and consent that EvaluatorShopper.com may share such information and data with any third party with whom EvaluatorShopper.com has a contractual relationship to provide the requested product, service or functionality on behalf of www.EvaluatorShopper.com users and customers. No unlawful or prohibited use/Intellectual Property: You are granted a non-exclusive,
non-transferable, revocable license to access and use www.EvaluatorShopper.com strictly in
accordance with these terms of use. As a condition of your use of the Site, you warrant to
EvaluatorShopper.com that you will not use the Site for any purpose that is unlawful or
prohibited by these Terms. You may not use the Site in any manner which could damage,
disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of
the Site. You may not obtain or attempt to obtain any materials or information through any
means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of
EvaluatorShopper.com or its suppliers and protected by copyright and other laws that protect
intellectual property and proprietary rights. You agree to observe and abide by all copyright and
other proprietary notices, legends or other restrictions contained in any such content and will not
make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
EvaluatorShopper.com content is not for resale. Your use of the Site does not entitle you to
make any unauthorized use of any protected content, and in particular you will not delete or
alter any proprietary rights or attribution notices in any content. You will use protected content
solely for your personal use, and will make no other use of the content without the express
written permission of EvaluatorShopper.com and the copyright owner. You agree that you do
not acquire any ownership rights in any protected content. We do not grant you any licenses,
express or implied, to the intellectual property of EvaluatorShopper.com or our licensors except
as expressly authorized by these Terms.
Third Party Accounts: You will be able to connect your EvaluatorShopper.com account to third
party accounts. By connecting your EvaluatorShopper.com account to your third party account,
you acknowledge and agree that you are consenting to the continuous release of information
about you to others (in accordance with your privacy settings on those third party sites). If you
do not want information about you to be shared in this manner, do not use this feature.
International Users: The Service is controlled, operated and administered by
EvaluatorShopper.com from our offices within the USA. If you access the Service from a
location outside the USA, you are responsible for compliance with all local laws. You agree that
you will not use the EvaluatorShopper.com Content accessed through
www.EvaluatorShopper.com in any country or in any manner prohibited by any applicable laws,
restrictions or regulations.
Indemnification: You agree to indemnify, defend and hold harmless EvaluatorShopper.com, its
officers, directors, employees, agents and third parties, for any losses, costs, liabilities and
expenses (including reasonable attorney's fees) relating to or arising out of your use of or
inability to use the Site or services, any user postings made by you, your violation of any terms
of this Agreement or your violation of any rights of a third party, or your violation of any
applicable laws, rules or regulations. EvaluatorShopper.com reserves the right, at its own cost,
to assume the exclusive defense and control of any matter otherwise subject to indemnification
by you, in which event you will fully cooperate with EvaluatorShopper.com in asserting any
available defenses.
Arbitration: In the event the parties are not able to resolve any dispute between them arising
out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract,
tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be
resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted
by a single neutral arbitrator and administered by the American Arbitration Association, or a
similar arbitration service selected by the parties, in a location mutually agreed upon by the
parties. The award shall be final, and judgment may be entered upon it in any court having
jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of
or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its
costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in
regards to these Terms and Conditions or any disputes arising as a result of these Terms and
Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms
and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and
enforcement of this provision. The entire dispute, including the scope and enforceability of this
arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive
the termination of these Terms and Conditions.
Class Action Waiver: Any arbitration under these Terms and Conditions will take place on an
individual basis; class arbitrations and class/representative/collective actions are not permitted.
THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY
IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN
ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH
AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.
Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate
more than one person's claims, and may not otherwise preside over any form of a
representative or class proceeding.
Liability disclaimer: THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES
INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. EVALUATORSHOPPER.COM AND/OR ITS SUPPLIERS MAY
MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
EVALUATORSHOPPER.COM AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION
OF ANY KIND. EVALUATORSHOPPER.COM AND/OR ITS SUPPLIERS HEREBY DISCLAIM
ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
EVALUATORSHOPPER.COM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE
OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR
RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR
ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE
SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF EVALUATORSHOPPER.COM OR ANY OF ITS SUPPLIERS HAS
BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH
ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE SITE.
Termination/access restriction: EvaluatorShopper.com reserves the right, in its sole
discretion, to terminate your access to the Site and the related services or any portion thereof at
any time, without notice. To the maximum extent permitted by law, this agreement is governed
by the laws of the State of California and you hereby consent to the exclusive jurisdiction and
venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of
the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these
Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and EvaluatorShopper.com as a result of this agreement or use of the Site.
EvaluatorShopper.com's performance of this agreement is subject to existing laws and legal
process, and nothing contained in this agreement is in derogation of EvaluatorShopper.com's
right to comply with governmental, court and law enforcement requests or requirements relating
to your use of the Site or information provided to or gathered by EvaluatorShopper.com with
respect to such use. If any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely matches the intent of the original
provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the
user and EvaluatorShopper.com with respect to the Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or written, between
the user and EvaluatorShopper.com with respect to the Site. A printed version of this agreement
and of any notice given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same extent and subject to the
same conditions as other business documents and records originally generated and maintained
in printed form. It is the express wish to the parties that this agreement and all related
documents be written in English.
Changes to Terms: EvaluatorShopper.com reserves the right, in its sole discretion, to change
the Terms under which www.EvaluatorShopper.com is offered. The most current version of the
Terms will supersede all previous versions. EvaluatorShopper.com encourages you to
periodically review the Terms to stay informed of our updates.
Contact Us: EvaluatorShopper.com welcomes your questions or comments regarding the
Terms:
EvaluatorShopper.com
Post Office Box 5712
San Diego, California 92165
Email Address:
Info@evaluatorshopper.com
Telephone number:
(760) 487-8354
Effective as of December 02, 2014