Your use of Shopper Review’s services, including the services Shopper Reviews makes available through this website, including this website (the “Site” or the “Shopper Reviews Site”) and any content (“Shopper Reviews Content”) made available through this website (collectively the “Services” ) is governed by these terms and conditions (the “Terms”). Please read these terms carefully before using the Services.

YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE SHOPPER REVIEWS SITE OR SERVICES, OR POSTING OR ACCESSING ANY CONTENT ON THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES OR SHOPPER REVIEWS CONTENT.

If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization.

Use of Shopper Reviews Site

You may use the Service, the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Content”) solely for your non-commercial, personal purposes and/or to learn about our products and services. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. We reserve complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms of Use

User accounts/Personal info 

In the course of using the Services, you may be required to provide Shopper Reviews personally identifiable information, including contact information, username and password (“Credentials”). Shopper Reviews handles such information with the utmost attention, care and security. Nonetheless, you, not Shopper Reviews, shall be responsible for maintaining and protecting your Credentials in connection with the Services. If your contact information, or other information relating to your username or password changes, you must notify Shopper Reviews promptly and keep such information current. You are solely responsible for any activity using your Credentials, whether or not you authorized that activity. You should immediately notify Shopper Reviews of any unauthorized use of your Credentials or if your email or password has been hacked or stolen. If you discover that someone is using your Credentials without your consent, or you discover any other breach of security, you agree to notify Shopper Reviews immediately.

 Privacy Policy

Please see Shopper Reviews’ Privacy Policy located at privacy for information and notices concerning Shopper Reviews’ collection and use of your personal information.

Compliance with 3rd Party Review site policies 

Business using the Shopper Reviews platform agree to adhere to the Terms of Service of all major review sites. This includes but not limited to Google, Facebook, Yelp, and other review sites. 

Review gating: Businesses using Shopper Reviews cannot implement any form of review gating. Review gating is a process where companies send a message to customers asking if their experience was positive or negative. Those who had a positive experience are directed to leave an online review. Those who had a negative experience are typically sent to a form to leave comments that are not made public. 

When soliciting reviews using the Shopper Review platform, businesses must provide all recipients the same options to provide feedback, regardless of their sentiment. This applies to review requests sent via standard review templates, custom email templates, text messages and surveys.

Sites prohibiting solicitation of reviews: Businesses using Shopper Reviews will fully comply with sites such as Yelp that prohibit review solicitation, and will not misuse the Shopper Reviews platform to bypass review sites’ policies.

Failure to comply with 3rd Party Review site policies: If a business attempts to circumvent the Terms of Service of 3rd party review sites, Shopper Reviews will notify the business and allow them 30 days to take corrective action. Should the business fail to comply within the 30-day notice period, their account will be suspended from Shopper Reviews.

Links to Third-Party Websites

Links on the Shopper Reviews to third party websites or information are provided solely as a convenience to you. If you use these links, you will leave the Shopper Reviews site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by us of the third party, the third-party website, or the information contained therein. We are not responsible for the availability of any such websites. We are not responsible or liable for any such website or the content thereon. If you use the links to the websites of our affiliates or service providers, you will leave the Shopper Reviews site, and will be subject to the terms of use and privacy policy applicable to those websites.

Downloading Files

Shopper Reviews cannot and does not guarantee or warrant that files available for downloading through the Shopper Reviews site will be free of infection by software viruses or other harmful computer code, files or programs.

Copyright

Shopper Review Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to us or our partners, affiliates, contributors or third parties. The copyrights in the Content are owned by us or other copyright owners who have authorized their use on the Site. You may download and reprint Content for non-commercial, non-public, personal use only. (If you are browsing Shopper Reviews as an  employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by us, for example in certain password-restricted areas of the website). You may not manipulate or alter in any way images or other Content on Shopper Review’s website .

Trademarks

You are prohibited from using any of the marks or logos appearing throughout Shopper Reviews without permission from the trademark owner, except as permitted by applicable law.

Termination 

Without limiting other remedies, Shopper Reviews may at any time suspend, terminate, or refuse to provide you with access to the Site or Services. In addition, Shopper Reviews may notify authorities or take any actions it deems appropriate, without notice to you, if Shopper Reviews suspects or determines, in its own discretion, that you may have or there is a significant risk that you have (i) failed to comply with any provision of these Terms and Conditions or any policies or rules established by Shopper Reviews; or (ii) engaged in actions relating to or in the course of using the Site or Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, Shopper Reviews users, Shopper Reviews or any other third parties or the Site or Services.

Without limiting any other terms of these Terms and Conditions, you may stop using the Site and Services at any time.

After any termination, you understand and acknowledge that we will have no further obligation to provide the Site or Services and all licenses and other rights granted to you by these Terms and Conditions will cease immediately. Shopper Reviews will not be liable to you or any third party for termination of the Site or Services or termination of your use of either. UPON ANY TERMINATION OR SUSPENSION, ANY CONTENT, MATERIALS OR INFORMATION (INCLUDING USER CONTENT) THAT YOU HAVE SUBMITTED ON THE SITE OR VIA THE SERVICES WILL NO LONGER BE ACCESSIBLE BY YOU VIA THE SERVICES THEREAFTER. HOWEVER, SHOPPER REVIEWS SHALL CONTINUE TO HAVE A LICENSE TO UTILIZE THE USER CONTENT.

Any suspension, termination or cancellation will not affect your obligations to Shopper Reviews under these Terms and Conditions (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.

Disclaimer of Warranties

SHOPPER REVIEWS MAKE NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. WE DO NOT  WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

Limitation of Liability

IN NO EVENT WILL SHOPPER REVIEWS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

Indemnification

SHOPPER REVIEWS MAKE NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED,  STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. WE DO NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

Entire Agreement

These Terms, together with our Privacy and Security Policy at privacy constitutes the entire agreement between the parties relating to the Services and all related activities. These Terms shall not be modified except in writing signed by both parties or by a new posting of these Terms issued by us. If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of Shopper Reviews to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Shopper Reviews must be in writing and shall only apply to the specific instance identified in such writing.

General Provisions

1. Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by us of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
2. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. We do not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
3. Enforcement/ Choice of Law/ Choice of Forum. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, our Privacy Policy, your use of Shopper Reviews, the Service, or the Content are governed by, and will be interpreted in accordance with, the laws of the State of California, without regard to any conflict of law’s provisions.
4. Claims of Copyright Infringement. It is our policy to take immediate action to address allegations of copyright infringement reported to us in accordance with applicable law, including but not limited to the United States Digital Millennium Copyright Act (Details can be found at http://copyright.gov ). To report any infringement, you must submit a written notice containing the following:

• Identification of the copyrighted content alleged to be infringed upon in sufficient detail to specify the copyrighted work (i.e. URL or publication information of original copyrighted work).
• Identification of content subject to claim of copyright infringement, including the specific URL of content submitted, posted, or displayed through the Services.
• Contact information sufficient to allow us to contact you regarding your claim; including your name, address, telephone number, and email address.
• A statement by you that you have a good faith belief that aforementioned use of copyrighted content is unauthorized.
• A statement by you, under the penalty of perjury that all information provided in the notice is accurate, and that you are either the owner of the allegedly infringed copyright or a person authorized to act on the copyright owner’s behalf.
• A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the copyright owner.