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Terms of Service

Effective Date: September 1, 2024

These Terms of Service (“Terms”) govern your access to and use of our website and mystery shopping evaluation services (collectively, the “Services”). These Terms form an agreement between the business owner (the “Client”) and Clear Evaluations, LLC (“Clear Evaluations”) concerning the Services.

By using our Services (including as a company representative), you agree to be bound by these Terms, including any additional guidelines, policies, or rules that we may post on the website from time to time. If you do not agree with these Terms, you may not access or use our Services. As a company representative using the Services on behalf of your entity, you warrant that you have the authority to bind the company you represent to these Terms.

We may modify these Terms at any time at our sole discretion. Any changes will be effective immediately upon posting the revised Terms on our website or by sending a notice to your dashboard or account email address. Your continued use of the Services following the posting of changes constitutes your acceptance of such changes. We encourage you to review these Terms periodically for any updates or changes.

1. Services Provided

Clear Evaluations offers specialized mystery shopping services tailored to help Clients enhance their customer service and brand strategy. Our primary services include mystery shopping evaluations, where trained shoppers visit your business locations to assess customer interactions and compliance.

Our services are designed to be flexible and scalable, accommodating businesses of all sizes. While we strive to provide continuous Services, availability may be subject to factors beyond our control, such as system maintenance or technical issues. We will make reasonable efforts to notify you of any significant service interruptions and resolve issues promptly.

2. User Responsibilities

  • Age Requirement: You must be at least 18 years of age to submit information and manage an account with us. By using the Services, you warrant that you are at least 18 years of age.
  • Account: As our Client, you agree to certain responsibilities to ensure a positive and effective experience. Upon contracting with us, you will receive login credentials to access your account. You must provide accurate and current information, promptly updating us if any changes occur. It is your responsibility to maintain the confidentiality of your account credentials and promptly notify us of any suspected unauthorized access.
  • Legitimate Use: You agree to use your account solely for legitimate business purposes related to mystery shopping evaluations. This includes complying with all applicable laws and not engaging in any activities that could harm, disable, or impair our systems, or interfere with other users’ experiences. You must refrain from misrepresenting your identity and attempting to gain unauthorized access to any part of our website or systems.
  • Confidentiality: Confidentiality is crucial; you must keep any information obtained through our Services private, including evaluation results and proprietary business practices. In the event of any security breaches or issues that could affect our Services’ integrity, you agree to notify us immediately. Additionally, you must cooperate with any investigations related to the use or misuse of our Services by providing necessary access and information.

3. Privacy Policy

We use the information you provide, including contact and identity information, to provide our Services, comply with applicable laws, and provide reports of our evaluations. The information we collect, including how we collect, use, disclose, and secure it, is detailed in our Privacy Policy. Please read and agree to it before using the Services. By accessing our website and using the Services, you consent to our Privacy Policy.

4. Service Fees and Payment

Upon your request for our Services, a quotation concerning the Services and fees will be forwarded to you. Except where stated, the fees do not include any taxes or payment method charges. You acknowledge that payments of fees are due within 30-days of the invoice date. Failure to make payments in accordance with the agreed schedule may result in delays or suspension of services. Clear Evaluations reserves the right to impose late fees or other penalties as outlined in the quote.

5. Refund Policy

We are committed to providing high-quality evaluation Services. While refunds are generally not provided for Services already rendered, they may be considered on a case-by-case basis.

Refund requests must include a detailed explanation of the issue and will be reviewed within a reasonable timeframe. Completed Services, including preparatory work and mystery shopper assignments, are typically non-refundable. We aim to resolve any disputes by re-evaluating the Services provided or offering additional Services as appropriate.

6. Intellectual Property Rights

All content on our website and those provided by us during the Services, including but not limited to reports, evaluations, data, text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, is the property of Clear Evaluations or its content suppliers and is protected by United States and international copyright, trademarks, and other intellectual property laws.

Subject to your compliance with these Terms, Clear Evaluations grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the content for the sole purpose of evaluating and improving your business practices. This license does not allow you to distribute, modify, reproduce, publicly display, or use the content for any commercial purpose outside of your own business operations.

The trademarks, logos, service marks, and trade names (collectively, the “Trademarks“) displayed on our website or in our reports are the registered and unregistered Trademarks of Clear Evaluations and may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.

You agree not to:

  • Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content from our Services without our prior written consent.
  • Use any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for reuse of any substantial parts of our content.
  • Frame or utilize framing techniques to enclose any of our Trademarks, logo, or other proprietary information (including images, text, page layout, or form) without our express written consent.
  • Use any meta tags or any other “hidden text” utilizing Clear Evaluations’ name or Trademarks without our express written consent.

7. Testimonials

By submitting a testimonial to Clear Evaluations, you consent to our use of your testimonial, including your name, company name, and any other personal information you provide, for marketing and promotional purposes on our website and other marketing materials. We reserve the right to edit, shorten, or modify testimonials for clarity and length, ensuring that the original meaning remains intact. Your testimonial may be attributed to you using your first name, last name, and/or company name unless you explicitly request anonymity.

You acknowledge that you are providing the testimonial voluntarily and will not receive any compensation for its use. By submitting a testimonial, you affirm that it reflects your honest opinion and experiences with Clear Evaluations and that you have not been coerced or incentivized to provide a positive review. If you wish to withdraw your consent for the use of your testimonial, please contact us. We will make reasonable efforts to cease using your testimonial in future marketing materials and remove it from our website, though we cannot guarantee the removal of all previously distributed materials.

8. Feedback and Submissions

Any feedback, comments, or suggestions you provide to Clear Evaluations regarding our Services are non-confidential and shall become the sole property of Clear Evaluations. We shall be free to use such feedback, comments, or suggestions, including for promotional purposes without any restriction or compensation to you.

9. Confidentiality

You agree to maintain the confidentiality of any non-public, proprietary, or sensitive information exchanged during our business relationship (“Confidential Information”). Confidential Information will be used solely for fulfilling our obligations under the agreement and disclosed only to those who need to know and are bound by similar confidentiality obligations.

Confidential Information does not include information that becomes public, was already in possession without breach, is received from a third party without breach, or is independently developed. Required disclosures by law must be preceded by notice to allow for contesting or protective measures.

Upon termination or request, Confidential Information must be returned or destroyed. Confidentiality obligations last for three years from the date of disclosure, except for trade secrets, which remain confidential until they enter the public domain through no fault of the receiving party.

10. Disclaimer of Warranties

CLEAR EVALUATIONS PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES. OUR SERVICES MAY NOT MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS AND MAY EXPERIENCE INTERRUPTIONS OR DELAYS.

WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, UNDER NO CIRCUMSTANCES SHALL CLEAR EVALUATIONS OR ANY OF ITS ASSOCIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFIT, REVENUE, DATA, INTEGRITY, GOODWILL, OR OTHER INTANGIBLE DAMAGES) AS A RESULT OF YOUR USE OR INABILITY TO USE THE SERVICES. THIS APPLIES EVEN IF WE MAY HAVE BEEN HINTED OF THE POSSIBILITY OF SUCH DAMAGES BEFORE IT HAPPENS.

NEVERTHELESS, IF WE ARE FOUND LIABLE BY ANY APPLICABLE LAW, OUR TOTAL LIABILITY SHALL NOT EXCEED THE SUM OF THE FEES YOU PAID TO US THREE (3) MONTHS BEFORE YOUR CLAIM.

SOME JURISDICTIONS DO NOT ALLOW SOME OR ALL OF THE LIMITATIONS ABOVE. IF THIS APPLIES TO YOU, THEN SOME OR ALL OF THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

12. Indemnification

You agree to indemnify, defend, and hold harmless Clear Evaluations, along with our affiliates, officers, directors, employees, agents, and licensors, from and against any and all claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys’ fees. This indemnification obligation arises from any misuse or unauthorized use of our Services by you or any person using your account. It also covers any breach of these Terms or violation of applicable law by you.

Additionally, you agree to indemnify us against any claims by third parties arising from your use of our Services, including any content you provide or actions you take while using the Services. This means that if a third party makes a claim against Clear Evaluations due to your actions or content, you will be responsible for any resulting damages, costs, or expenses.

13. Termination and Survival of Terms

13.1 Termination by Clear Evaluations: We may terminate or suspend your access to the Services immediately if you breach any of these Terms or if we are required to do so by law. Termination or suspension may also occur if your conduct poses a risk or liability to Clear Evaluations, or if you are found to be using the Services for fraudulent or illegal activities.
13.2 Termination by You: You may terminate your use of the Services as stated in services agreement by providing us with written notice.
13.3 Effects of Termination: Upon termination, all rights granted to you under these Terms will immediately cease. You will remain responsible for any fees or charges incurred for services completed up to the date of termination. Clear Evaluations will have no liability for any damages or losses resulting from the termination of your access to the Services.
13.4 Survival of Terms: The provisions of these Terms that, by their nature, should survive termination, including but not limited to intellectual property rights, confidentiality, disclaimers, indemnification, and limitations of liability, will continue to apply even after termination.

14. Governing Law and Dispute Resolution

14.1 Governing Law: These Terms and any disputes arising out of or related to your use of our Services shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. By using our Services, you agree that any legal action or proceeding related to these Terms shall be brought exclusively in the state or federal courts located in Montgomery County, Texas.
14.2 Dispute Resolution

  • Negotiation and Mediation: In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of these Terms to arbitrate, the parties shall first attempt to resolve the dispute through good faith negotiations. If the dispute cannot be resolved through negotiation, the parties agree to attempt to resolve the dispute through mediation administered by a mutually agreed-upon mediator before resorting to arbitration or litigation.
  • Arbitration: If the dispute is not resolved through negotiation or mediation, it shall be resolved by final and binding arbitration conducted in accordance with the rules of the American Arbitration Association (AAA). The arbitration shall take place in Montgomery County, Texas, and shall be conducted in English. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
  • Costs of Arbitration: Each party shall bear its own costs and expenses of the arbitration, and an equal share of the arbitrator’s fees and administrative fees of arbitration, unless the arbitrator determines that one party should bear a greater portion of such fees.
  • Exceptions: Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s intellectual property rights or Confidential Information.

15. Third-Party Links

Our website may contain links that lead to third-party websites and services that are not controlled by Clear Evaluations. We advise that you review the terms of service of third-party services when you visit their services. By clicking on any third-party links on our website, you release us from any liabilities you may incur on the respective third-party service website.

16. Miscellaneous

16.1 Entire Agreement: These Terms constitute the entire agreement between you and Clear Evaluations concerning your use of the Services.
16.2 Severability: If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect. The invalid or unenforceable provision will be deemed modified to the extent necessary to make it valid and enforceable.
16.3 Waiver: Our failure to enforce any right or provision of these Terms of Service will not be considered a waiver of those rights. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by a duly authorized representative of Clear Evaluations.
16.4 Assignment: You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms without restriction.
16.5 Notices: All notices or other communications required or permitted to be given under these Terms shall be in writing and shall be deemed to have been duly given when delivered via the email address provided by you.
16.6 Force Majeure: We shall not be liable for any failure or delay in performance under these Terms due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, and government actions.
16.7 Relationship of the Parties: Nothing in these Terms shall be construed as creating a joint venture, partnership, employment, or agency relationship between you and Clear Evaluations. Both parties are independent contractors with respect to each other.

17. Contact Information

If you have any questions or concerns about these Terms, please contact us at support@clearevaluations.com or use the company information below:

Clear Evaluations
PO Box 1825
Spring, TX 77383