We at InpulseShopper, Inc. (“Inpulse”, “we” or “us”) welcome you to the InpulseShopper.com website (“Website”). The Website provides a resource for mystery shoppers and recruiters to locate each other and work together (collectively referred to herein as “the Services”). In order to use the Services, you must agree to Inpulse’s terms and conditions (“Agreement”) before you may access and / or use the Website.
Please read the Agreement carefully. By accessing and using the Website, you represent and warrant that you are more than thirteen (13) years of age and that, if you are under eighteen (18) years of age, your legal guardian has agreed to be bound with you by this Agreement. Otherwise, you represent and warrant that you are at least eighteen (18) years of age and that you have the right, authority and capacity to agree to this Agreement and to abide by all of its terms and conditions.
Registration: Registration with Inpulse is required in order to use the Services. When you register, you agree to provide accurate, current and complete information about yourself (“Registration Information”). You also represent that we may rely on your Registration Information as being accurate, current and complete. All information collected is treated as described in our Privacy Policy, which can be found at: http://www.inpulseshopper.com/privacy.php. Inpulse reserves the right to terminate your account for inaccurate, deceptive and / or incomplete Registration Information.
Username and Password: You will be asked during the registration process to choose a password. Your username will be the email address with which you signed up for the Service. We reserve the right to refuse to grant you any username, in our sole discretion, if the username that you choose is invalid and require that you use an alternative email address for registration. Invalid usernames include, but are not limited to, usernames that are vulgar or offensive; usernames that attempt to impersonate another individual or company; or usernames which violate trademark law, which may cause confusion or which violate any other proprietary rights of any company or individual.
You agree that you are solely responsible for any and all activities that are conducted using your account. Please keep your username and password confidential. You agree that you will not transfer, resell or allow any other third party to use your username and password to access the Website. If you have reason to believe that your username and / or password have become compromised, you agree to immediately notify Inpulse of such event by emailing Inpulse at security@inpulseshopper.com. For security reasons, Inpulse will not release username or password information for any reason, other than to the applicable user, except as may be specifically required by law, court order or other instances that are discussed in our Privacy Policy.
Limited, Non Exclusive License: You are granted a non exclusive, non transferable, limited license to access and use the Services and Website in accordance with the Agreement (“License”). This License may be revoked at any time at the sole discretion of Inpulse. The License permits you to access and use the Services and Website for your own personal use. No part of the Website and / or Services may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. The License specifically prohibits you from copying, emulating, renting, leasing, decompiling, transferring, disassembling, cloning, attempting to discover the source code for or reverse engineering the Website, Services or any portion thereof.
In addition, your license specifically prohibits you from using any software, device or routine to interfere with the normal or proper working order of the Website or Services. You may not engage in any action which creates an unreasonably large load on Inpulse’s infrastructure. Unauthorized access to the Website and / or Services breaches this Agreement and is a violation of applicable law.
Proprietary Rights: All of the content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services, computer coding and other matters related to the Website and associated Services, are the sole property of Inpulse, except where specifically indicated. As such, they are protected to the maximum extent permitted by copyright laws, trademark laws, other proprietary laws (including, but not limited to, intellectual property and trade secret laws) and international treaties.
Any content displayed on the Website is protected by copyright law and international treaties as an original work, a compilation and a collective work. Any reproduction, modification, creation of derivative works from or the distribution of the Website or the collective work and / or copying or in any way reproducing the Website or any portion thereof to any fixed medium for reproduction or redistribution is prohibited without the express written consent of Inpulse. Without limiting any of the specific rights or prohibitions herein, you agree not to reproduce, duplicate, copy, sell or exploit for any commercial purpose the Services or Website or any aspect or portion thereof.
We do not claim to own any of the content posted by users. Any copyright, trademark, and other intellectual property rights that may exist in those works are the sole and exclusive rights of the author/artist who created such work. However, by posting such material in any of the public areas of the Website, you automatically represent and warrant that you have the right to grant, and have chosen to grant, a perpetual, irrevocable license to copy, perform, display and distribute such content and to prepare derivative works of, or incorporate said content into, other works.
Online Content: Profiles, offers or other information or content made available through the Services on the Website are wholly the responsibility and work of their respective author/artist and not of Inpulse. Reliance on the statements therein is done at the user’s own risk. Each respective author/artist is responsible for the content of his or her statements or other information posted on the Website. Inpulse does not guarantee the accuracy, completeness or usefulness of any information available on the Website and / or through the Services and neither adopts, endorses nor is responsible for the accuracy, completeness or reliability of any opinion, advice or statement made on the Website. By using the Services and Website you affirm that you understand this and that you hold Inpulse harmless from any and all loss or damage resulting from anyone’s reliance on information or other content posted on the Website.
In addition, you agree that you are solely responsible for any content that you post, email or otherwise make available through the Services on the Website and that you have the right to post such material.
Online Conduct: As a user of the Services on the Website, you agree that you are solely responsible for the content and / or information that you publish, transmit and / or post on the Website. You agree to use the Services and Website in a manner that conforms to any and all applicable laws and regulations.
You agree not to:
Include in your profile any offensive anatomical or sexual references or offensive language or any confidential information of any third person without that party’s permission;
Post, or attempt to post, any photographs or other images containing offensive and / or confidential information;
Post, or attempt to post, any photographs or other images that may be deemed obscene in your community, as defined under applicable law;
Post, or attempt to post, any content that is false, deceptive, misleading, deceitful, misinformative or constitutes “bait and switch”;
Post, or attempt to post, any content that constitutes or contains “affiliate marketing,” “link referral codes,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or other commercial advertisement or marketing;
Contact users outside of the Inpulse Website without that user’s express consent to contact him or her;
Impersonate any person or entity;
"Stalk" or otherwise harass any person via the Website and / or Services;
Transmit any chain letters, spam or junk e-mail to other users;
Express or imply that any statements you make are endorsed by Inpulse, without our specific prior written consent from Inpulse to do so;
Harvest or collect personal information about other Members whether or not for commercial purposes, without their express consent;
Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents;
Post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
Remove any copyright, trademark or other proprietary rights notices contained on the Website;
Interfere with or disrupt the Services and / or Website, or the servers and / or networks connected to the Services and / or the Website;
Post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Attempt to gain unauthorized access to Inpulse’s computer systems or engage in any activity that disrupts, diminishes the quality of, or impairs the functionality of, the Services and / or Website.
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Services;
"Frame" or "mirror" any part of the Website, without Inpulse’s prior written authorization;
Use metatags or code or other devices containing any reference to Inpulse, the Services or the Website in order to direct any person to any other website for any purpose; and / or
Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or any software used on or for the Website or cause others to do so.
Inpulse has no obligation to review any of the postings on the Website. However, Inpulse reserves the right, but has no obligation, to reject any memberships, postings, photographs and / or images that do not comply with these prohibitions. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of this Agreement and may result in the immediate termination of your membership without notice, in the sole discretion of Inpulse, pursuant to the terms of this Agreement. Inpulse reserves the right to pursue any and all legal remedies against users who engage in such prohibited conduct.
Dealing with Other Users: We do not control the information that is provided by users for our Services or on our Website. Please use common sense and caution and keep your safety in mind when dealing with other users on our Website.
Inpulse is under no obligation to do monitor any dispute between users. You are solely responsible for any interactions that you have with other users or third parties that you may encounter through our Services and / or Website. In the event that you have a dispute with any other user or third party found through the Services and / or Website, you agree to hold Inpulse, its officers, directors, agents, successors in rights, subsidiaries and employees harmless in any and all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with such disputes and release Inpulse, its officers, directors, agents, successors in rights, subsidiaries and employees from any liability connected with such disputes.
If you are a California resident, you agree to specifically waive California Civil Code Section 1542, which states that, “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 the debtor.”
Membership: There are four types of Members on the Inpulse Website. They are: Trial Members, Full Members, Recruiter Members and Field Representative Members (collectively referred to as “Members” or “users”). Each group of Members has additional requirements that they need to follow above and beyond the basic terms of this Agreement.
Trial Members: There is no charge for a Trial Membership. As with any other user, Trial Members agree to be subject to this Agreement and all of the provisions herein other than those specifically set forth for the other types of Members below.
Trial Memberships allow Members to create their profile and to apply for three (3) jobs posted on the Website. However, after those three applications have been made, Trial Members need to either convert to Full Membership or their profile will be suspended.
Full Members: Full Memberships are available for a thirty dollar ($30.00) annual fee. The annual membership is not automatically renewed. You will be contacted thirty (30) days prior to the expiration of your membership to remind you to renew. The annual fee charged for Full Membership is NON-REFUNDABLE.
As with any other user, Full Members agree to be subject to this Agreement and all of the provisions herein other than those specifically set forth for the other types of Members below.
Recruiter Members: There is no charge for a Recruiter Membership, however, Recruiters must provide additional information including their Federal Tax ID number, their business information including address and phone number.
As with any other user, Full Members agree to be subject to this Agreement and all of the provisions herein other than those specifically set forth for the other types of Members below. Recruiter Members specifically agree not to reveal their business identity to other Members when they post a job description. Failure to comply with this requirement will result in the termination of the Recruiter Member’s account.
Further, Recruiter Member is strictly prohibited from gathering Member information for purposes other than jobs posted on the Website; from sending unsolicited commercial emails or SPAM for recruiting or other purposes and from contacting Members who have requested not to be contacted. Recruiter Member further agrees that it shall comply with all federal, state and local laws in any contact or business that it conducts with Members.
Recruiter Member also specifically agrees to fully indemnify Inpulse from any liability from third parties for its use or misuse of Member information that it has gathered from the Website.
Field Representative Members: Any Full Member may become a Field Representative Member by sending an email to info@inpulseshopper.com.
A Field Representative is a Member who recruits other people to become Full Members through printed materials in their community. Each Field Representative shall receive a five dollar ($5.00) commission per person that they refer that becomes a Full Member.
Field Representative Members are wholly responsible for their own actions and are strictly prohibited from finding new members to refer through email solicitation or any other method not prescribed by Inpulse. As of the effective date of this Agreement, the only permitted method of finding new members to refer is through printed materials or face-to-face communication. Failure to follow the rules set forth by Inpulse for Field Representative members will cause Inpulse to terminate your Field Representative Membership immediately.
This Agreement shall not render the Field Representative Member an employee, partner, agent of, or joint venturer with, the Inpulse for any purpose. The Field Representative Member is and will remain an independent contractor in his relationship to the Inpulse.
The Inpulse shall not be responsible for withholding taxes with respect to the Field Representative Member’s compensation. The Field Representative Member shall have no claim against the Inpulse based on this Agreement or otherwise for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind.
Privacy: Use of our Website and / or Services is governed by our Privacy Policy, which can be found at: www.inpulseshopper.com/privacy.php. Our Privacy Policy may change from time to time and without notice. Inpulse reserves the right to use your personally identifiable information in any manner consistent with our Privacy Policy. Use of the Services and / or Website signifies that you agree to subject your personally identifiable information to our Privacy Policy.
No SPAM Policy: You acknowledge and agree that sending unsolicited email advertisements to our users, whether or not you are using Inpulse’s computer system to send such email, are expressly prohibited by this Agreement. Such use may constitute a violation of federal and state law including, but not limited to, the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.) and the CAN-SPAM Act of 2003. Such misuse of the Services and / or Website may subject the sender to civil and criminal penalties.
If we are informed that you are sending such email advertisements, we will terminate your account immediately and, if necessary, will take other steps to keep you from using the Services.
Third-party Websites: The Website and / or Services may provide hyperlinks, banner advertisements, pop-ups and / or other online methods to redirect you to other third party Internet websites and / or resources. Because Inpulse has no control over such websites and / or resources, you hereby acknowledge and agree that Inpulse is not responsible for the availability of such third party websites and / or resources. Furthermore, Inpulse does not endorse, and is not responsible or liable for, any content, advertising, services, products and / or other materials at or available through such third party websites or resources, or for any damages and / or losses incurred through such websites or other resources.
Copyright/Trademark Claims: Inpulse respects the intellectual property rights of others, and we ask our users to do the same. Inpulse may, in appropriate circumstances and at its discretion, disable and / or terminate the accounts of users who may be infringing the intellectual property rights of others.
If you believe that your work has been copied in a way that constitutes copyright/trademark infringement, or your intellectual property rights have been otherwise violated, please provide Inpulse's intellectual property agent with the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed or, in the case of multiple copyrighted works, a representative list of such works or of the trademark that is being allegedly infringed.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Inpulse to locate the material.
Information reasonably sufficient to permit Inpulse to contact you, such as an address, telephone number and, if available, an e-mail address at which you may be contacted.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property’s owner, its agent or under applicable laws.
A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Inpulse's agent for notice of claims of intellectual property right infringement can be reached as follows:
Indemnification: You agree to indemnify, defend and hold Inpulse, its parents, subsidiaries and affiliates, and each of their respective officers, executives, employees, owners, and authorized agents (“Covered Parties”), harmless from any and all loss, liability, claims and / or demands (including reasonable attorneys' fees, costs and settlement amounts) made by any third party due to, or arising out of, your use of the Website, the Services and / or arising from your breach of this Agreement.
WARRANTIES/LIMITATION OF LIABILITY: YOU EXPRESSLY AGREE THAT ACCESS AND / OR USE OF THE WEBSITE AND / OR SERVICES IS AT YOUR SOLE RISK. THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. THE WEBSITE AND / OR SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. INPULSE AND THE COVERED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF, OR INABILITY TO USE, THE WEBSITE AND / OR SERVICES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INPULSE AND THE COVERED PARTIES ARE NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN INPULSE AND YOU. THE WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INPULSE THROUGH THE WEBSITE AND / OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
INPULSE IS NOT RESPONSIBLE TO YOU AND / OR ANY THIRD PARTY, WITHOUT LIMITATION, FOR: 1) ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO OR ALTERATION OF, USER AND / OR MEMBER COMMUNICATIONS; 2) THE CONDUCT OF ANY USER AND / OR MEMBER, WHETHER ONLINE OR OFFLINE INCLUDING, WITHOUT LIMITATION, ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR OTHER CONDUCT OF ANY OTHER PARTY; 3) ANY POTENTIALLY OFFENSIVE, INCORRECT OR INACCURATE CONTENT POSTED ON THE WEBSITE OR PROVIDED IN CONNECTION WITH THE SERVICES, WHETHER CAUSED BY INPULSE, USERS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH, OR UTILIZED IN, THE SERVICES; 4) ANY COMPUTER VIRUS OR OTHER MALICIOUS, DESTRUCTIVE OR CORRUPTING CODE, AGENT, PROGRAM OR MACROS; OR 5) ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.
YOU AGREE THAT INPULSE IS NOT THE PUBLISHER OF THE CONTENT FOUND ON THE WEBSITE AND SERVICES AND, AS SUCH, SHALL NOT BE LIABLE FOR DAMAGES ARISING THEREFROM INCLUDING, WITHOUT LIMITATION, ANY AND ALL CRIMINAL AND / OR CIVIL LIABILITY.
THE MAXIMUM LIABILITY OF INPULSE AND THE COVERED PARTIES TO YOU OR TO ANY THIRD-PARTY, IN THE AGGREGATE, UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO ANY FEES THAT YOU HAVE PAID TO INPULSE FOR THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, INPULSE SHALL NOT BE LIABLE TO YOU FOR ANY SERVICES, GOODS AND / OR INFORMATION AVAILABLE FROM THIRD PARTIES, EVEN IF OBTAINED AT OR THROUGH THE WEBSITE AND / OR SERVICES. IF YOU ARE DISSATISFIED WITH THE WEBSITE AND / OR SERVICES OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE AND SERVICES.
Dispute Resolution/Governing Law: This Agreement shall be treated as though it were executed and performed in the State of New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the terms and conditions of this Agreement or the breach of same by either party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York City, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration.
Severability: Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with, the Website or Services is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Inpulse's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
Force Majeure: We are not responsible for any loss, damages, costs, claims or expenses which you may incur as a result of our delay in or failure to perform our obligations where such delay or failure is due to causes beyond our control. Causes beyond our control include, but are not limited to: fire, flood, earthquake, accident, civil disturbances, war, rationing or embargoes, strikes, labor problems, delays in transportation, inability to secure necessary materials, delay or failure of performance of any supplier or subcontractor, acts of God and acts of Government
Legal Warning: Any attempt by any individual, whether a user or otherwise, to damage, destroy, tamper with, vandalize and / or otherwise interfere with the operation of the Website and / or Services, is a violation of criminal and civil law and Inpulse will diligently pursue all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
Modifications: This Agreement is subject to change at any time, with or without notice. All changes are effective upon their posting on the Website. You agree that it is your responsibility to bookmark this page and to check it frequently for updates to your Agreement with us. If you object to any of the terms and conditions in the Agreement, if you become dissatisfied with the Services or any subsequent modifications to the Agreement, your sole recourse is to immediately discontinue the use of the Services.