By accessing the website at hollowayconsumerresearch.com, applying to become a mystery shopper, or accepting an assignment from Holloway Consumer Research LLC ("Holloway," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use our services.
These Terms constitute a legally binding agreement between you and Holloway Consumer Research LLC, a Utah limited liability company located at 7984 S 1300 E, Sandy, UT 84094.
Holloway operates an independent consumer research program. We assign products available from major online retailers to qualified shoppers, who purchase those products with their own funds, complete a research survey based on their purchase experience, and receive full reimbursement of the purchase price upon submission of the completed survey and proof of purchase.
We do not pay shoppers a separate fee for their work. The reimbursement of the purchase price plus permitted ancillary costs (sales tax and standard shipping) is the only compensation provided. Shoppers retain ownership of any product purchased under an assignment.
To apply or accept an assignment, you must:
We reserve the right to verify any of the above and to decline applications or revoke approvals at our sole discretion.
Submission of an application does not guarantee acceptance into our program. We review every application individually and respond within two (2) business days. Approval is based on factors including, but not limited to, geographic distribution of our active shopper pool, the demographic categories required by current research projects, and the completeness of your application.
If approved, you will receive an email and (if you have opted in) a text message or direct message confirmation. You will then be eligible to receive assignments as they become available.
Assignments are extended individually and at our discretion. There is no guarantee that any particular shopper will receive a specific number of assignments in any given period.
When you accept an assignment, you agree to:
You may decline any assignment. Declining an assignment does not affect your eligibility for future assignments.
Reimbursement terms are governed by our Refund Guarantee, which is incorporated into these Terms by reference. In summary, we reimburse the full purchase price (including sales tax and standard shipping) of any qualified assignment via PayPal within forty-eight (48) hours of receiving both your completed survey and your proof of purchase.
PayPal transaction fees, if any, are paid by Holloway. The amount you receive will equal the amount shown on your retailer order confirmation.
You agree that all survey responses you submit will be your honest, independent observations. Submission of fraudulent, fabricated, or coordinated responses is grounds for immediate termination from the program, forfeiture of any pending reimbursement, and may subject you to civil liability.
We may verify the authenticity of submissions by, among other means, comparing screenshots, examining metadata, and corresponding with the retailer regarding the order.
By submitting a completed survey, you grant Holloway a perpetual, worldwide, royalty-free, transferable license to use, reproduce, aggregate, and disclose your survey responses for the purpose of consumer research delivered to our client brands. We aggregate and anonymize individual survey responses before delivering research to clients; we do not share your name, contact information, or any other personally identifying information with our clients without your express written consent.
You retain ownership of the physical product you purchase under an assignment.
You agree not to:
You acknowledge that the retailers from which we assign products have their own terms of service, which you are responsible for following. Holloway is not affiliated with, endorsed by, or representative of any retailer. Your purchase from a retailer is a transaction between you and that retailer, governed by their terms.
By providing your contact information, you consent to receive communications from us regarding your application, assignments, reimbursements, and program updates. You may opt out of marketing communications at any time. Transactional communications regarding active assignments and pending reimbursements are necessary for the operation of the program and cannot be opted out of while you have an active assignment.
If you provide a phone number and opt in to text messages, message and data rates may apply. You may opt out of text messages at any time by replying STOP to any message you receive from us. If you contact us through Facebook Messenger or Instagram, the messaging platforms' own terms apply to that conversation in addition to ours.
You may terminate your participation in the program at any time by emailing contact@hollowayconsumerresearch.com. Termination does not affect any pending reimbursement obligations on either side.
We may terminate or suspend your participation at any time, with or without cause and with or without notice. Termination for cause includes, without limitation, violations of these Terms, fraudulent submissions, abuse of our staff, or actions inconsistent with the purpose of the program.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." WE MAKE NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY PARTICULAR ASSIGNMENT WILL BE OFFERED TO YOU. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant the quality, safety, or fitness for purpose of any product you purchase under an assignment. Any defect in a purchased product is to be addressed with the retailer or manufacturer of that product.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOLLOWAY'S AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT OF REIMBURSEMENT OWED TO YOU AT THE TIME OF THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). IN NO EVENT SHALL WE BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
You agree to indemnify, defend, and hold harmless Holloway, its officers, employees, and contractors from any claim, demand, or expense (including reasonable attorney's fees) arising from your participation in the program, your violation of these Terms, your violation of any retailer's terms of service, or your infringement of any third party's rights.
These Terms are governed by the laws of the State of Utah, without regard to its conflict of laws principles. Any dispute arising from or related to these Terms shall be resolved exclusively by binding arbitration administered by the American Arbitration Association in Salt Lake County, Utah, under its Consumer Arbitration Rules. You and Holloway each waive the right to a jury trial and the right to participate in a class action.
Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within the jurisdiction of that court.
We may revise these Terms from time to time. The "Effective Date" at the top of this page reflects the date of the most recent revision. Material changes will be communicated by email to any active shopper. Your continued participation in the program after a revision becomes effective constitutes acceptance of the revised Terms.