Guard Street Secure Shopper Service Terms and Conditions
I. ACCEPTANCE OF TERMS
These terms and conditions (the “Terms” or “Agreement”) constitute a binding agreement between Guard Street Partners LLC (“we”, “us” or “GSP”) and you (“you”). This Agreement applies to: (i) your enrollment within our Guard Street Secure Shopper Privacy program (the Secure Shopper Program”) as well as the collection and series of services and offerings provisioned and/or facilitated by GSP within the Secure Shopper Program (collectively, the “Services”).
YOUR RIGHT TO ENROLL WITHIN OUR MEMBESHIP PROGRAM AND/OR YOUR RIGHT TO ORDER, USE, AND ACCESS, THE SERVICES ARE SUBJECT TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, AND ALL APPLICABLE LAWS AND REGULATIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. CONSEQUENTLY, YOUR ENROLLMENT AND ESTABLISHMENT OF AN ACCOUNT WITHIN THE SECURE SHOPPER PROGRAM AND/OR YOUR ORDER, ACCEPTANCE, OR USE OF, THE SERVICES CONSTITUTES YOUR AGREEMENT TO ABIDE BY THE TERMS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE TERMINATE YOUR SECURE SHOPPER PROGRAM ACCOUNT BY CALLING CUSTOMER SERVICE AND DO NOT ORDER, USE OR ACCESS ANY OF THE SERVICES.
THIS AGREEMENT MAY BE UPDATED FROM TIME TO TIME BY GSP. CUSTOMERS SHOULD CHECK THE GSP WEBSITE REGULARLY FOR UPDATES TO THESE TERMS. EACH TIME YOU ORDER, ACCESS OR USE ANY OF THE SERVICES, YOU SIGNIFY YOUR ACCEPTANCE AND AGREEMENT, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THE THEN CURRENT AGREEMENT. IF ANY MATERIAL CHANGES ARE MADE TO THESE TERMS, GSP WILL ENDEAVOR TO NOTIFY ITS USERS BY POSTING A NOTICE OF SOME KIND ON THE GSP WEBSITE
II. DESCRIPTION OF SERVICES; USER TERMS AND CONDITIONS
a. For purposes of this Agreement, the term “Services” shall include, without limitation, our websites, applications, tools, services, materials and content made available to both participants and non-participants alike by GSP.
b. The Services provisioned and/or facilitated by us through our Secure Shopper Program consist of a series of third party applications, products and services (collectively, the “Third Party Services”) that we have aggregated, bundled and, where applicable, customized for our participants. We reserve the right to modify, supplement, substitute, suspend, and terminate any Third Party Service and/or Third Party Service provider at any time and in our sole discretion. As of the date set forth above, the Third Party Services consist of the following:
Quick Heal AntiVirus
Tag and Return
d. We reserve the right to modify, substitute, suspend, and discontinue any Third Party Services at any time and for any reason in our sole discretion. If you have pre-paid any fees in connection with any Third Party Service that is eliminated by us completely from among the Third Party Services, we will either refund or issue you a credit for the unapplied portion thereof. Except to the extent we are required to refund you any pre-paid fees, we will not be liable to you or any third party for any modification or discontinuance of any products, offerings or services contained within the Services.
e. We may offer you access to your credit report, and other credit information, although this service will not be available at all times and in all circumstances. Please understand that we are not a credit repair organization, and are not offering to sell, provide or perform any service to you for the express or implied purpose of either improving your credit record, credit history or credit rating or providing advice or assistance to you with regard to improving your credit record, credit history or credit rating. Accurate adverse information on your credit report cannot be changed. If you believe that your credit report contains inaccurate, non-fraudulent information, it is your responsibility to contact the relevant credit reporting company, and follow the appropriate procedures for notifying the credit reporting company that you believe that your credit report contains an inaccuracy. Any information provided to you regarding the procedures followed by the various credit reporting companies related to the removal of inaccurate, non-fraudulent information is provided without charge to you and is available for free. Any such information is not included as part of your credit score monitoring product but is provided free of charge to all consumers, regardless of whether they are authorized customers/recipients of the credit score monitoring product.
III. USE OF SERVICES
a. By becoming a participant of our Secure Shopper Program, you will be authorized to enroll in, and use any of the Third Party Services offered by us within the Secure Shopper Program, subject to your satisfaction of the enrollment and service terms and conditions applicable to each, and your continued compliance with these Terms, the requirements appurtenant to both the Secure Shopper Program and each such Service, whether imposed by us or the applicable Third Party Service provider.
b. Without limiting the generality of Section III(a) above, and in consideration of your activation or enrollment in, access to and use of any individual service within the Services (whether provided directly by us or in the form of a Third Party Service), you agree to provide true, accurate, complete and current information about yourself, when prompted to do so by the registration and application forms or as otherwise requested to do so by GSP. By registering, you certify that you are eighteen (18) years of age or older. If any information you provide is untrue, inaccurate or not current, or if we have reasonable grounds to suspect that such information is untrue, inaccurate or not current, then we, at our sole discretion, have the right to suspend or terminate your order of, use of, and/or access to, any of our Services, whether in whole or in part, and refuse all current or future orders of, use of, and/or access to, any Services that we may offer in the future. Further, you agree that GSP will not be liable to you or any third party if we suspend or terminate your order of, use of, or access to any Services, or any portion thereof, for any reason.
c. You understand and agree that by becoming a participant within our Credit Protection Program and enrolling to receive any of the Services that we offer therein, you are expressly providing GSP "written instructions" in accordance with the Fair Credit Reporting Act, as amended ("FCRA"), for GSP to obtain information from your personal credit profile from any credit reporting company to verify your identity and to provide credit monitoring, credit reporting, credit scoring, identity monitoring, fraud resolution and card registry products, to the extent offered by GSP through one or more of its Services. Accordingly, you expressly authorize GPS and its service providers to use your social security number to access your personal credit profile, to verify your identity, and to provide credit monitoring, reporting and scoring products.
IV. RESTRICTIONS ON USE OF SERVICES
a. You will be responsible for all use of the account that will be established for you, and you must notify us immediately of any unauthorized use of your account, or the theft or misplacement of your account number and/or password.
b. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the Services or any portion of such Services, except as expressly authorized under this Agreement. You may not use any data mining, robots, or similar data gathering and extraction tools within or in connection with the Service, frame any portion of the Services or the content made available thereunder, reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Services (and the content therein) without our prior written consent. You may not circumvent any mechanisms included in the Services for preventing the unauthorized reproduction or distribution thereof. Use of the Services in a manner not expressly permitted by this Agreement is a breach of these Terms, will result in the automatic termination of your account and access to the Services, and may violate U.S. or international copyright, trademark, and/or other laws.
c. Because the Services include security components, special rules and policies apply. You may not attempt (or support others' attempts) to circumvent, reverse engineer, decrypt, decompile, disassemble, or otherwise alter, tamper or interfere with any aspect of the Services. In addition, you may not attempt to gain unauthorized access to the Services or computer systems or networks connected to the Services through hacking, passwords, or data mining, and you may not use bots, spiders or intelligent software.
d. The license granted to you hereunder does not convey to you any of the following: (i) reproduction or promotional use rights in the Services, (ii) rights to enter into arrangements with any revenue-generating broadcast system (terrestrial, satellite, cable and/or other distribution channels), (iii) rights to distribute or redistribute the Services on streaming applications (via Internet, intranets and/or other networks), or (iv) commercial, sale, resale, reproduction, distribution or promotional use rights for the Services.
f. Both the Services and our website, mobile website and other properties routinely contain links to external, third party websites and applications. By providing links to other sites/applications, GSP does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to the site in question. GSP does not operate or control and has no responsibility for the information, products and/or services found on any external sites/applications. Visitors to any GSP properties assume complete responsibility and risk in their use of any external sites. Visitors should direct any concerns regarding any external link to the site administrator.
V. PAYMENT TERMS
a. Your participation in our Secure Shopper Program is fixed for a period of one calendar year if you enrolled in an annual plan starting on the day you join, although you'll have the option to pay fees annually or on a monthly basis. Your Secure Shopper Program account will be activated upon our receipt of the first payment due.
b. Payments can be made by credit card or direct debit.
c. It is your responsibility to advise GSP of your intention not to renew. We reserve the right to automatically charge your credit card or direct debit and continue on the same terms and in the same amount as was in place immediately prior to your renewal, subject to standard rate increases implemented by GSP, unless you've notified us of your intention to terminate your Secure Shopper Program account or to modify the Services you're receiving commencing on your renewal date.
d. To cancel your Secure Shopper Program you will need to notify us in writing or speak with an authorized representative by contacting our customer service department through either the Support Page or the Manage My Account page on our website, or by calling the toll free number provided on our website. Refunds will not be given upon the termination of your Secure Shopper Program account/service unless such termination occurs within thirty (30) days from either the commencement of your service or any annual renewal period.
e. You may upgrade the Services you receive from GSP at any time, whether by adding individual services, products or mini-packages (e.g., Third Party Services) that we offer, or by subscribing to a higher level Service program (i.e., upgrading from Pro to Premium). In the event you choose to add an individual service, product or mini-package, then that service shall run under its own contract term. If, however, you shall choose to upgrade your full Service program, then your annual, quarterly or monthly commitment shall begin anew from your enrollment date within the higher-level program. The foregoing notwithstanding, GSP reserves the right to refuse your upgrade if you are not in good standing at the time of your upgrade request as determined by GSP in its sole discretion.
f. If you shall desire to downgrade the Services you previously purchased from GSP, you may only do so at the beginning of the next contract year if paying annually, quarterly or the next month if paying monthly unless you receive authorized written approval from GSP therefore, which GSP shall grant in its sole discretion. Solely in the case of a mid-year downgrade that has been approved by GSP in which you pre-paid the annual fees for the entire year, upon executing and processing the downgrade you shall receive a credit for the difference in fees between the Services for the remainder of your plan, which may only be applied to future Services / enrollment fees. The foregoing notwithstanding, GSP reserves the right to refuse your downgrade if you are not in good standing at the time of your request as determined by GSP in its sole discretion.
VI. UNSOLICITED MATERIALS; USER LICENSE
In operating, provisioning and facilitating the Services, any information or material submitted or sent to GSP will not be treated as confidential or secret, save certain transaction information. In addition to the foregoing, by communicating with GSP and submitting or sending content, materials, drawings, ideas, concepts, designs, or information in any format now existing or hereafter devised (the “User Content”), you are granting GSP a royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (in whole or part).
VIII. SOFTWARE; INTELLECTUAL PROPERTY
a. From time to time, we will make software (i.e., apps, programs, etc.) available for you in connection with the Services we provide, whether integrated therein, independent or otherwise. Such software will be subject to this Agreement, and if applicable, the terms of the license agreement that accompanies it. In furtherance of the foregoing, we grant you a personal, non-exclusive, non-transferable, limited license to install and/or use software on any single interactive computing device (e.g., PC, smart phone, tablet, etc.), although additional device licenses shall be available for purchase through our website. In addition to the restrictions set forth in Section IV hereof, the software is protected by copyright and other intellectual property laws and treaties and is owned by us or our third party suppliers. You may not: (i) copy, sell, redistribute, rent, lease or otherwise transfer the software or any of the limited rights you receive hereunder; (ii) incorporate it or any portion of it into another product; (iii) reverse engineer, decipher, decompile, or disassemble the software or otherwise attempt to derive the source code or underlying ideas or algorithms of the software or any portion of the software, including without limitation any application or widget (except where expressly permitted by law); (iv) export, re-export, transfer and/or release the software, related technology, or any product thereof, for any proscribed end-use, or to any proscribed country, entity or person (wherever located), without proper authorization from the U.S. and/or foreign government; (v) modify, translate, adapt, or create derivative works from the software or any portion of the software in any way or remove proprietary notices in the software. You agree to abide by all laws and regulations in effect regarding your use of the software. You may not authorize or assist any third party to do any of the things prohibited in this Section VIII. We may automatically check your version of the software and update it to improve its performance and capabilities. If you shut down the software during an automatic update or otherwise interfere with the installation of the update, the software may be damaged and/or cease to operate.
b. Our Services contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound. GSP owns copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of GSP and the applicable copyright owner. You acknowledge that you do not acquire any ownership rights by using copyrighted material.
IX. Disclaimer of Warranties
a. EXCEPT AS EXPRESSLY PROVIDED HEREUNDER TO THE CONTRARY, THE SERVICES OFERRED HEREBY ARE PROVIDED "AS IS," "WHERE IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING AND IN ADDITION TO THE OTHER DISCLAIMERS SET FORTH ELSEWHERE IN THESE TERMS, WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE RELATED TO THE SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE SERVICES, INCLUDING WITHOUT LIMITATION, AS A RESULT OF (1) ANY ERROR, OMMISSION, DELETION OR DEFECT THEREIN, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE THEREOF, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION. GSP DOES NOT WARRANT OR GUARANTEE (A) THAT ANY PORTION OF THE SERVICES WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (B) THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
b. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES. IN ADDITION, EACH AND EVERY USER THAT SEEKS TO PROCURE AND USE THE SERVICES SHALL DO SO AT HIS/HER OWN RISK.
c. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
X. LIMITATION OF LIABILITY
IN NO EVENT WILL GSP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, SUPPLIERS/THIRD PARTY LICENSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SERVICES, EVEN IF GSP OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; (ii) FOR ANY LIABILITIY OR HARM ARISING FROM YOUR USE OF ANY REFERRAL; OR (iii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN ANY OF THE SERVICES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Upon a request by GSP, you agree to defend, indemnify and hold GSP, its affiliates, officers, directors, employees, suppliers and representatives harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use or misuse of the Services or any violation of these Terms by you. GSP reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with GSP in asserting any available defense.
Claims of Copyright Infringement
Notifications of claimed copyright infringement and counter notices must be sent to our designated agent:
Mr. Vince Mazza
Guard Street Partners LLC
120 East Liberty Drive
Wheaton, IL 60187
We will respond expeditiously to claims of copyright infringement committed using the Services that are reported to the above-referenced Designated Copyright Agent in accordance with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) or, as applicable, other laws. With respect to the Services hosted in the United States, these notices must include the required information set forth in the DMCA, which includes without limitation:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed;
- Identification of the copyrighted work(s) that you claim has been infringed;
- A description of the material that you claim is infringing and the location of that material on the Site;
- Your address, telephone number and email address;
- A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that any material on our sites is infringing your copyrights. We also reserve the right to publish your letter on the site(s).
XIII. APPLICABLE LAWS / JURISDICTION
You agree that the laws of the State of Illinois, excluding its conflicts-of-law rules, shall govern these Terms, and you further agree and expressly consent to the exercise of personal jurisdiction solely in the courts of the State of Illinois, in connection with any such dispute and including any claim involving GSP or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
You agree that any unauthorized use of the Services will result in irreparable injury to GSP, for which money damages would be inadequate. Therefore, in such event, GSP shall have the right, in addition to other remedies available at law and in equity, to immediate seek injunctive relief against you and to prevent any unauthorized use. Nothing contained in this Section or elsewhere in these Terms shall be construed to limit remedies available pursuant to statutory or other claims that GSP may have under separate legal authority.
XV. PROVISIONS UNENFORCEABLE OR INVALID
You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms. GSP may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.
XVII. THIRD PARTY LINKS
Last revised July 25th, 2016