1.303.517.6399

info@newhomemysteryshops.com

Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the New Home Mystery Shops (“NHMS”) website and mystery shopping evaluation services (collectively, the “Services”). By accessing or using our Services, you agree to comply with these Terms. 

1. Acceptance of Terms

By using our Services as an individual or company representative, you affirm that you have the authority to bind your organization to these Terms. NHMS may update these Terms at any time. Updated Terms are effective immediately upon posting on our website. Continued use of our Services constitutes acceptance of the revised Terms.

2. Services Provided

NHMS provides specialized mystery shopping services designed to help new home builders enhance customer service, sales performance, and brand strategy. Services include:

  • Mystery shopping evaluations

  • Video and audio reporting of customer interactions

  • Competitive analysis and market insights

  • Customized evaluation reports

While we strive to provide uninterrupted services, availability may be affected by technical issues, system maintenance, or other factors outside our control. We will notify clients of significant service interruptions whenever possible.

3. User Responsibilities

  • Age Requirement: Users must be at least 18 years old.

  • Account Security: Clients receive login credentials for portal access. Account holders must provide accurate information, maintain password confidentiality, and notify NHMS of any unauthorized access.

  • Legitimate Use: Accounts may only be used for legitimate business purposes related to mystery shopping evaluations. Users must comply with laws, avoid disrupting services, and not misrepresent their identity.

  • Confidentiality: All evaluation results, proprietary materials, and sensitive information obtained through NHMS Services must be kept confidential. Security breaches or misuse must be reported promptly.

4. Privacy Policy

Your information is collected, used, and protected in accordance with our Privacy Policy. By using our Services, you consent to the collection and use of data as outlined in the Privacy Policy.

5. Service Fees and Payment

The Client agrees to pay NHMS a 50% deposit to begin work and final payment within 30 days of receipt of final invoice.  If not paid when due, Client agrees that interest shall accrue at the rate of 1.5% per month on any unpaid balance and shall pay all attorney’s fees and costs incurred by NHMS during any collection efforts. All Service fees are provided via a formal quote.  Although we will begin scheduling your orders upon receipt, we can’t send Shoppers out in the field until the deposit has been received.  

6. Refund Policy

Refunds are generally not provided for services already rendered, but NHMS will review requests on a case-by-case basis. Shops must be canceled within 72 hours of their scheduled date for a full refund.

7. Intellectual Property

All content on NHMS’s website and in reports—including text, graphics, logos, images, videos, data compilations, and software—is the property of NHMS or its content providers and is protected by copyright, trademark, and other intellectual property laws.

NHMS grants users a limited, non-exclusive, revocable license to access content for internal business use only. Users may not reproduce, distribute, or use content commercially without written consent.

8. Testimonials and Feedback

By submitting testimonials or feedback, you consent to NHMS using your name, company, and content for promotional purposes. NHMS may edit testimonials for clarity but will retain the original meaning. Testimonials are voluntary and no compensation is provided. Feedback becomes NHMS’s property and may be used without restriction.

9. Confidentiality

Confidential information shared during your use of NHMS Services must remain private. Confidentiality obligations extend to information not publicly available, received from NHMS, or developed independently. Required disclosures by law must be preceded by notice when possible. Obligations remain in effect for three years post-disclosure; trade secrets remain confidential indefinitely.

10. Disclaimer of Warranties

NHMS Services are provided “as is” and “as available” and services may experience delays or interruptions outside of our control.  We disclaim all warranties, express or implied, including fitness for a particular purpose, merchantability, or non-infringement. 

11. Limitation of Liability

To the maximum extent permitted by law, NHMS is not liable for indirect, incidental, consequential, or punitive damages arising from your use of our Services. Total liability, if any, shall not exceed fees paid within the three months prior to the claim. Some jurisdictions do not allow certain limitations; those may not apply to you.

12. Indemnification

Client releases and indemnifies NHMS, including all employees, agents and independent contractors, from all liability incurred during the evaluation and/or audio/video recording of the client’s sales staff, employees, agents or independent contractors.  The Client agrees that the evaluation report and recordings shall be used only for marketing and sales training purposes.  Client has requested this service in conjunction with Client’s on-going sales training program and does not intend to use it for the investigation of its sales staff.  Client agrees that the reports will not be used punitively or as cause for dismissal.  The Client warrants that the requested on-site survey and evaluation process will not violate any labor agreement, state law, employment manual, or other agreement.

13. Termination

  • By NHMS: We may terminate access for breach of Terms, illegal activity, or risk to our Services.

  • By You: Clients may terminate their use of Services by written notice.

  • Effects: Termination ends your rights under these Terms. Fees for completed services remain payable. Provisions such as intellectual property, confidentiality, and liability survive termination.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Colorado. Disputes will first be addressed through negotiation and mediation. If unresolved, disputes will be submitted to binding arbitration in Boulder, Colorado. Parties may seek injunctive relief in court to protect intellectual property or confidential information.

15. Third-Party Links

Our website may contain links to third-party sites. NHMS is not responsible for the content or terms of these sites. Users release NHMS from any liabilities related to third-party sites.

16. Miscellaneous

  • Entire Agreement: These Terms constitute the full agreement between you and NHMS.

  • Severability: Invalid provisions will not affect remaining Terms.

  • Waiver: Failure to enforce a provision is not a waiver.

  • Assignment: You may not assign rights without NHMS consent. NHMS may assign freely.

  • Notices: Communications are effective when sent to the email provided.

  • Force Majeure: NHMS is not liable for delays caused by circumstances beyond our control, including natural disasters, labor disputes, or government actions.

  • Relationship: Nothing in these Terms creates a partnership, employment, or agency relationship.

17. Contact Information

Questions about these Terms may be directed to:

New Home Mystery Shops
Phone: 303-517-6399
Email: info@newhomemysteryshops.com
Website: newhomemysteryshops.com