Reading and Accepting these Terms & Conditions and our Privacy Policy (collectively
called "Terms") are required before gaining the right to use our site. Access to the
PremierShoppers.com site is strictly prohibited without your acknowledgment and acceptance
of such Terms.
These Terms may change from time to time. As a visitor, you are encouraged to review this
section periodically.
These Terms include our Privacy Policy. Some aspects of the Privacy Policy are incorporated
herein; however, it is advisable to review each document independently. If You do not
accept the Terms stated here, you are prohibited from using PremierShoppers.com and our
services.
By viewing or using PremierShoppers.com, accessing any banner or advertisement on the site,
utilizing the coupon and discount section (Coupons & More!), or visiting any other area of
the site (collectively "PremierShoppers.com"), you are agreeing to all the provisions of
the Terms of PremierShoppers.com.
Persons under the age of 18 (and those covered by the Child Online Privacy Act - COPA of 1998)
are denied access. Additionally, PremierShoppers.com reserves the right to deny access to
anyone or any company for any reason whatsoever and User agrees not to bring any legal
action whatsoever regarding claims or potential claims of any wrong doing pertaining to
any of these decisions.
Parties to the Terms & Conditions
Visitors, members, recruiters, affiliates, customers, and others, collectively referred
to herein as "Users", are parties to this agreement.
Use of Information
Unless you have entered into an express written contract with PremierShoppers.com (by
authorizing payment and acknowledging and agreeing to these Terms) to the contrary,
Users have no right to use this information in any fashion. Any distribution or
reproduction of the information (by any means whatsoever) without expressed written
permission from PremierShoppers.com is strictly prohibited. You acknowledge that if you
have not agreed to these Terms, any viewing or other use is considered unauthorized use.
Such unlawful use may subject you to civil or criminal penalties. Unlawful use may require
User to pay liquidated damages in the amount of $100,000 (US) and the actual costs and
damages for such a breach.
Site Restrictions
PremierShoppers.com prohibits Shoppers from transmitting or posting all items noted
below but not limited to:
- violations of any applicable law or regulation
- violations of copyright laws and intellectual property rights
- obscene, pornographic, defamatory, vulgar, hateful, or offensive material
PremierShoppers.com, in its sole discretion, has the right to remove and/or edit any
content added to the site without permission from the Shoppers posting said violating
information may lose all access to the site and not have any recourse for any refund
of any kind. Recruiters posting said violating information may lose all access to the
site and face applicable criminal charges. Additionally, PremierShoppers.com, in its
sole discretion (and without the threat of any User recourse) maintains the right to
suspend or invalidate any User’s membership for actual or perceived improper or fraudulent
uses of the site.
It is understood that Recruiter Users acceptance to PremierShoppers.com is not automatic.
The membership is reviewed by PremierShoppers.com and, in our sole discretion; a
determination of membership will be made. Our decision is final and you waive any
and all rights whatsoever against PremierShoppers.com for said decision.
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 Users will use
caution and common sense when using our site.
Shoppers are also prohibited from violating or attempting to violate the security of
PremierShoppers.com site by doing the following (including, but not limited to):
- accessing or attempting to access data not intended for the User or logging into a server
or account which the User is not authorized to
- attempting to test the vulnerability of the system or network or to breach security
or authentication measures without proper authorization
- attempting to interfere with service to any User, host or network, including, without
limitation, by submitting a virus, overloading, "flooding", "spamming", "mail bombing"
or "crashing" the system
- forging any TCP/IP packet header or any part of the header information in any e-mail
or newsgroup posting.
PremierShoppers.com will prosecute aggressively any offenders to the fullest extent
of the law. And will cooperate with law enforcement authorities in prosecuting Users
who are involved in such violations.
Specific Prohibited Uses
PremierShoppers.com may only be used for lawful purposes by individuals seeking
mystery/secret shopping assignments and merchandising assignments and recruiters/employers
seeking individuals looking for said job opportunities.
Users agree not to do any of the following:
- post jobs for any competitor of PremierShoppers.com or jobs that contains links to
any competitive site
- use any information obtained through PremierShoppers.com for any purpose other than
as a recruiter seeking secret shoppers or employees or secret shoppers (potential
employees) seeking mystery shop jobs, assignments , and/or temporary employment
opportunities
- post or submit any incomplete, false or inaccurate biographical information or
data which is not your own
- post any pyramid scheme or distributorship which pays commissions or requires
recruitment of other sub-distributors or sub-agents
- send spam in an effort to create sub-level referrals (i.e. pyramid concepts)
- delete or revise any material posted by any other person or entity
- decipher or reverse engineer any of the software related to PremierShoppers.com
- copy or duplicate in any manner the content of PremierShoppers.com without
express written consent from PremierShoppers.com
- frame or link to/from any area of our site (or its contents)
Ownership of PremierShoppers.com & Right to Use, Sell, or Publish the contents of
the site (including hyperlinking to the site, co-branding, and framing)
PremierShoppers.com is the sole owner of this website. Information (including information
uploaded by its Users) is copyrighted to PremierShoppers.com. Users have no rights whatsoever
regarding the site content.
Disclaimers
For contents & accuracy of reported and advertised information PremierShoppers.com absolves
itself from any responsibility for the accuracy of the content of this website. Users assume
the risks of viewing, using, or relying upon this information. PremierShoppers.com, while
taking all measure to ensure the accuracy of the information contained in the website, makes
no such warranty that such information is, in fact, accurate. Our third-party affiliations
operate independently and under the guidelines of their own set of Terms & Conditions and
Privacy Policies.
For harm caused to your computer, network, or software from using this site (User assumes
all risks for worms and viruses) or downloading any materials PremierShoppers.com assumes
no responsibility for damage to computers, networks, or software of the User or any person
the User subsequently communicates with from corrupting code or data that is inadvertently
passed to the visitor's computer as a result of using the site or downloading any of its
contents (including viruses and/or worms). User actions are done at his/her own risk.
For Warranty
PremierShoppers.com cannot warrant that the site will operate error-free or that the site
(or our services) are virus free. PremierShoppers.com is not responsible for any damage
that may or may not be caused by use of our site. PremierShoppers.com is provided on an
"as is" basis without any warranties of any kind.
PremierShoppers.com disclaims all warranties, whether expressed or implied, including the
warranty of merchantability, fitness for a particular purpose, and non-infringement.
PremierShoppers.com makes no warranties regarding accuracy, reliability, or completeness
of the content, services, text, graphics, formulas, and/or links.
For Damages & Liability
In no way shall PremierShoppers.com, its suppliers, or any third parties mentioned on our
site be liable for any damages at all resulting from the use or inability to use the
PremierShoppers.com website whether based on warranty, contract, tort, or any other legal
theory, and whether or not PremierShoppers.com advised of the possibility of such damages.
PremierShoppers.com contains links to third-party websites. These links are provided solely
as a convenience to the User and should not be considered an endorsement by us regarding
the third party itself or any of the contents on such third-party websites. PremierShoppers.com
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 sites. If User
decides to access linked third-party sites, it is done so at the User’s own risk.
PremierShoppers.com's maximum liability arising out of or in connection with any aspect
of our site, regardless of the cause of action will not exceed a pro-rated portion of
the User's annual fee.
Credit Card Charges (Fraud / Refund Policy / Automatic Renewal) Fraud
User warrants that he or she is over 18 years of age, not subject to the Child Online
Privacy Act, of legal age to enter into contractual agreements in the state in which
the purchase is being made, and is the true and authorized owner of the credit card.
Any violations of these requirements may cause the User to be liable for civil or
criminal prosecution. User also agrees to pay liquidated damages in an amount of
$10,000 (US) per fraudulent transaction, plus actual damages. User also allows
PremierShoppers.com to use additional information gathered from credit card companies
on the User in its efforts to prosecute the User and prove credit card fraud.
Refund Policy
PremierShoppers.com offers benefits to the "Shopper" User that are accessible the
very instant the User's credit card is authorized for payment. With Activelink technology
for our mystery shop company directory, the Resumé Wizard, Job Search features, and all
the available shopping discounts, PremierShoppers.com offers services to Shoppers immediately.
Since services and information are provided immediately upon acceptance of the billing
credit card, PremierShoppers.com does not provide refunds.
Automatic Renewal Billing
For the convenience of our Shopper Users and to maintain a current database of shoppers for
our recruiters, PremierShoppers.com will automatically bill the Shopper User's credit card
on file for each subsequent annual membership within seven (7) days of the anniversary of
the registration date. To avoid being billed automatically, User needs to send written
instructions at least 45 days in advance of the renewal billing cycle so indicating their
desire not to be automatically billed for renewals. Instructions provided less than 45 days
in advance cannot be accepted. Automatic Renewal Billing is not applicable for Recruiter Users.
Get Acquainted Membership
Periodically, PremierShoppers.com will offer a “trial” type membership. The fee and length of
that membership may vary depending upon the active program in place. Regardless of the program
in place, Shoppers electing the trial program will be billed immediately for the term of the
trial period. Within 7 days before the conclusion of the trial, the Shopper will be billed
the then prevailing annual fee for 12 months (an annual membership). The date of that billing
will become the new anniversary date for the shopper in terms of subsequent annual renewals.
To avoid the automatic billing of the annual membership at the conclusion of the trial period,
User needs to send written instructions at least 5 days in advance of the conclusion of the trial
period so indicating their desire not to continue their membership any further than the trial
time period.
Guaranty and Warranty
This services offered by PremierShoppers.com are offered without warranty or guarantee of
any kind, either express or implied. PremierShoppers.com will make all efforts to offer
- State of the art technology
- An operational resumé wizard
- Tremendous coupon offerings and retail discounts
- MatchQuest™ services - providing instant notification of shopper/job matches
- Activelink system ensuring the accuracy and reliability of the links contained in
the site
- Job and shopper search functionality
PremierShoppers.com does not warrant or guaranty that a shopper will receive jobs or that
a recruiter will find a shopper for a particular job posting; nor does PremierShoppers.com
warrant or guaranty the accuracy or claim made by any advertising partner or other
information on the site. The PremierShoppers.com website is presented "as-is" and the risks
of using the site are solely the User's. PremierShoppers.com will routinely make efforts to
ensure the Shopper database contains the latest contact and demographic information. However,
no claims that said information will, in fact, be updated by the User are made herein.
PremierShoppers.com acts as simply a depository for employers to post job opportunities and
candidates to post resumés, demographics, and contact profiles and does not screen or censor
the listings. PremierShoppers.com is not involved in the actual transaction between employers
and candidates. PremierShoppers.com has no control over User Content, the quality, safety or
legality of the jobs or resumes 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 and PremierShoppers.com makes no representations about any jobs, resumes or User
Content on the site.
PremierShoppers.com may take any action with respect to User Content that it deems necessary
or appropriate in its sole discretion if it believes that such User Content could damage
PremierShoppers.com's brand or image.
Representations
PremierShoppers.com may contain inaccuracies or typographical errors. We make no representations
about the accuracy, reliability, completeness, or timeliness of any content posted, displayed,
or conveyed on the site. The use of PremierShoppers.com is at the User's own risk. Users are
solely responsible for the format and content of the information posted to the site (including
resumes). Recruiters are solely responsible for their postings. PremierShoppers.com is not and
should not be considered an employer and shall not be responsible for any employment decisions,
for any reason whatsoever. PremierShoppers.com is not a mystery shopping company, merchandising
company, or any other company that would authorize assignments or assign jobs and should not be
considered as such. As stated in these Terms, PremierShoppers.com offers its Users tools to
assist with job marketability, savings and discounts to various retailers, technology to assist
with job assignments and matching, and an up-to-date resource directory and library.
PremierShoppers.com does not guarantee and does not promise any specific results.
User Authentication & Risks
Users must note and agree that there are inherent 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. User assumes all risks associated with dealing with
other Users with whom User comes in contact through PremierShoppers.com.
User authentication is extremely difficult on the internet. As such, PremierShoppers.com
cannot confirm that each User is who they claim to be. In the event that a User has a
dispute with one or more Users, all Users release PremierShoppers.com (and our agents
and employees) from any and all claims, demands and damages (actual and consequential
and direct and indirect) of every kind and nature arising out of or in any way connected
with such disputes. If User is a California resident, User waives California Civil Code
Section 1542.
Limitation of Liability
As a consideration for viewing, using, or visiting PremierShoppers.com, User waives all
claims and legal rights whatsoever of any nature (legal or otherwise) against
PremierShoppers.com concerning the loss, alteration, or misuse of information (whether
intentional or not). Additionally, by using our site User also agrees to indemnify
(including attorney's fees) and hold harmless PremierShoppers.com for any and all claims
that may arise from the information User may have provided to our company.
Additionally, while PremierShoppers.com will make all efforts to keep the site running
and active, the site may go offline periodically for reasons such as
i. Site Maintenance (this will typically be conducted between 11pm and 4am EST and
will usually be announced 72 hours in advance with a system wide posting)
ii. Acts of God, War, Terrorism, others
iii. Other reasons not yet known
Indemnification
User agrees to indemnify and make PremierShoppers.com whole for any damage the User causes
to the site. User further agrees to defend, indemnify, and hold harmless PremierShoppers.com,
its affiliates, and their respective officers, directors, employees and agents, from and
against any claims, actions or demands, including without limitation reasonable legal and
accounting fees, alleging or resulting from
(i) any User Content or other material User provides to PremierShoppers.com,
(ii) use of any PremierShoppers.com Content, or
(iii) User's breach of the these Terms.
User Content and Submissions
User is solely responsible for their respective iPremier Account data, employer account
information or job postings, profile (including demographics and resume - if posted),
content, or other information ("User Content") that User posts on PremierShoppers.com or
sends to other Users or potential Users. User will not impersonate any person, or submit
any materials to PremierShoppers.com that are false, inaccurate, misleading, unlawful,
or are otherwise in violation of Terms. PremierShoppers.com does not and cannot represent
or guarantee the accuracy or reliability of User Content or any other communications posted
by Users or endorse any opinions expressed by Users. User acknowledges that any reliance on
User-posted information or material is at the User's own risk. User further agrees to make
all reasonable efforts to maintain their profile information in order that it is updated to
reflect current and true information. PremierShoppers.com will periodically send out (via
email) reminder notices to update User profile.
Information provided by User
Any communication between User and PremierShoppers.com shall become the exclusive property
of PremierShoppers.com and may be used for commercial use without additional consideration
of any kind. User understands that any information provided to PremierShoppers.com may be
used at PremierShoppers.com's discretion. User also acknowledges that use of said
information requires no further notice.
Clearinghouse Functionality
It is acknowledged that PremierShoppers.com acts as a clearinghouse of the information
posted by Users. While PremierShoppers.com periodically reviews the information, the
company has no obligation to conduct this review. PremierShoppes.com is not responsible
for screening or monitoring User Content posted by Users. However, should PremierShoppers.com
object to the posted content for whatever reason, the company may remove any User Content that,
in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is
abusive, obscene, pornographic, offensive, or violates the rights of Users of PremierShoppers.com,
or in any way damages the reputation or brand of the company. Additionally, PremierShoppers.com
reserves the right to suspend or expel Users and prevent their further access to the site
for violating the Terms or applicable laws, rules or regulations. The actions taken by
PremierShoppers.com are done so in its sole discretion if it believes that such User Content
could cause damage or liability to PremierShoppers.com in any way. Users agree that
PremierShoppers.com has this right and Users waive any recourse (legal or otherwise) against
PremierShoppers.com for its decisions.
Prohibited Content
The following is a partial list of User Content that is prohibited on PremierShoppers.com.
Content that:
- is implicitly or explicitly offensive by promoting discrimination, hatred, or harassment
- involves spamming and/or unsolicited mass mailing
- endorses misleading information or illegal activities that are threatening
- promotes or endorses copyright infringement
- provides, displays, or links to pornographic or sexually explicit material of any
kind
- solicits any type of personal identifying information from other Users
If notified by a User of User Content which may not conform to these Terms, PremierShoppers.com
may, in its sole discretion, determine the validity of these claims and take appropriate action.
However, PremierShoppers.com has no liability or responsibility to Users for performance or
nonperformance of such activities or to take any action regarding the claims.
Email & Other Communication
Your comments and opinions are important to us. Please note, however, that unless specifically
requested, any creative ideas or suggestions ("Thoughts") you offer or provide become the
exclusive property of PremierShoppers.com. These Thoughts and other ideas are not subject to
any obligation of confidentiality on our part and we are not liable for any use or disclosure
of said information. PremierShoppers.com shall own exclusively all rights to these Thoughts and
shall be entitled to unrestricted use of the same for any purpose whatsoever, commercial or
otherwise, without compensation to the User or any other person.
Referral Rewards Plan (and Affiliate Program)
By participating in this program, User agrees to abide by these Terms and Privacy Policy. The
program rewards Users for referring new Annual Users to the company. Referrals that initially
elect a trial period will rewarded at a rate of 30% of the current referral reward amount for
an annual membership (special incentives for annual membership referrals do not apply to trial
membership referrals rewards).. For example, if the annual membership referral is $5.00, then
if a referral elects a trial membership, then the referral fee would be $1.50. Money is earned
after the "new"/referred User is an active member for 7 days. PremierShoppers.com offers an annual
bonus program for Shopper Users based on the base annual referral reward dollars earned. Special
referral incentive awards (I.e. double reward dollars, computers, trips, and other incentives) do
not count towards the bonus criteria. The top 5 referring Shopper Users who have earned at least
$75 of base referral rewards qualify for the plan. The referral rankings are based on the calendar
year with the exception of the inaugural year which will be based on the timeframe equal to Launch
date of the site (anticipated to be September 15, 2008) through December 2009. Thereafter, the year
will run January – December of each respective year.
- Money earned will be paid in full at each month’s end.
- User may not refer yourself, existing members
- Renewal memberships are not subject to the program
- If a referred customer is referred by more than one member, the member with the
earlier referral will earn the referral reward
- PremierShoppers.com will not credit more than 1 User for the referral
- Each referring Shopper member must have a unique credit card number and email address (User
may not use their credit card for a referral)
- To qualify as a referred customer, such referral must purchase the annual membership.
Should a trial membership be elected initially, the referral will not be credited to the
referring member until such time as the referred customer becomes a paid annual member.
PremierShoppers.com reserves the right to change, modify, or cancel this program at
anytime, with or without notice to you. PremierShoppers.com also reserves the right,
in its sole discretion, to impose certain features or restrictions without notice and
PremierShoppers.com will not be liable to User or any third party for any claim or cause
of action arising out of this program or the site.
User may not abuse the program in any way. PremierShoppers.com, in its sole discretion, may
suspend or terminate the User's participation in the plan and withdraw any rewards earned
and unpaid. All warranties and representations made throughout these Terms apply to this
program.
We also offer a referral reward calculator within the site to illustrate the rewards you
can earn. The referral calculator is for illustrative purposes only based on user
hypothetical inputs and where those inputs (if accurate at the time of inputting) would
rank you nationally.
Monthly Surveys & Contests
Periodically, PremierShoppers.com will conduct proprietary surveys and/or referral
(or other) contests for its Users. Any rewards and/or compensation earned from these
programs is separate and apart from the referral program except in the fact that all
referrals made will always earn the current referral reward and be counted towards the
annual bonus program. In all cases, a referral must still meet the requirements noted
herein (i.e. 7 days, unique credit card, etc.).
User agrees, as part of the required consideration, that any cause of action (even though
all rights have been waived by the User) will take place in Palm Beach County, Florida.
Legal Proceedings
User agrees, as part of the required consideration, that any cause of action (even though
all rights have been waived by the User) will take place in Palm Beach County, Florida.
Terms Accepted & Final Acceptance
User expressly accepts these Terms of PremierShoppers.com. By making a purchase on this
site, the User acknowledges that they have fully read, understand, and accept the Terms
and Privacy Policy of PremierShoppers.com. User warrants that said purchase shall be
deemed to be the same as if the User had affixed their signature of approval to these
state Terms.
Right to Stop Selling or Servicing Product or Membership
User agrees that PremierShoppers.com has the right to discontinue the product, the service
or services offered, and/or the membership at any time, without notice.
Terms & Conditions - Effective Date (and Changes) December, 2008