Terms & Conditions

The ConsumerTestConnectTM website located at www.consumertestconnect.com (the “Site”) is owned and operated by ConsumerTestConnect LLC (“ConsumerTestConnectTM,” “we,” “our” or “us”). The following ConsumerTestConnectTM Website Terms and Conditions (“Terms and Conditions”) are inclusive of the ConsumerTestConnectTM Privacy Policy (“Privacy Policy”), the contest rules applicable to each Contest, as defined below (“Contest Rules”) and any and all other applicable operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, the “Agreement”).

You agree to comply with and be bound by the Agreement, in its entirety, when you access: (a) the Site; (b) the Site’s viewable text, graphics and other material (collectively, “Content”); (c) links to ConsumerTestConnect’s social media pages/accounts (collectively, “Social Media Pages”) on third-party social media websites, such as Facebook® (“Social Media Websites”); and/or (d) certain promotions, contests and/or sweepstakes offered by ConsumerTestConnectTM by and through the Site, and otherwise, from time to time (collectively, “Contests,” and together with the Site, Content, Prizes (as defined below) and Social Media Pages, the “ConsumerTestConnectTM Offerings”).

By using and/or accessing the ConsumerTestConnectTM Offerings, you agree to comply with and be bound by the Agreement in its entirety. PLEASE REVIEW THE TERMS OF THE AGREEMENT CAREFULLY. IF YOU DO NOT AGREE TO THE TERMS OF THE AGREEMENT IN THEIR ENTIRETY, YOU ARE NOT AUTHORIZED TO ACCESS, DOWNLOAD AND/OR USE, AS APPLICABLE, THE CONSUMERTESTCONNECTTM OFFERINGS IN ANY MANNER OR FORM.

THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT.

NEW JERSEY STATE RESIDENTS ARE ENCOURAGED TO REVIEW THEIR RIGHTS UNDER THE AGREEMENT, AS PROVIDED UNDER THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT WARRANTY AND NOTICE ACT (“TCCWNA”).

Facebook® is a registered trademark of Facebook, Inc. (“Facebook”). Please be advised that ConsumerTestConnectTM is not in any way affiliated with Facebook, nor are the ConsumerTestConnectTM Offerings endorsed, administered or sponsored by Facebook.


1) SCOPE OF AGREEMENT; MODIFICATION

By using the ConsumerTestConnectTM Offerings, you agree to be bound by, and to comply with, the terms and conditions of the Agreement. If you are dissatisfied with the ConsumerTestConnectTM Offerings for any reason, you agree that your sole and exclusive remedy is to discontinue using the ConsumerTestConnectTM Offerings. The Agreement constitutes the entire and only agreement between you and ConsumerTestConnectTM with respect to your use of the ConsumerTestConnectTM Offerings and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings between you and ConsumerTestConnectTM with respect to the ConsumerTestConnectTM Offerings. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, "Dispute Resolution Provisions") shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using any of the ConsumerTestConnectTM Offerings. By your continued use of any of the ConsumerTestConnectTM Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions then in effect at the time of the subject dispute). Therefore, you should regularly check the Site for updates and/or changes.


2) REQUIREMENTS

The ConsumerTestConnectTM Offerings are available only to individuals who: (a) are over eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their jurisdiction of residence); and (b) can enter into legally binding contracts under applicable law (collectively, “Usage Requirements”). The ConsumerTestConnectTM Offerings are not intended for individuals who do not satisfy the Usage Requirements, including individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their jurisdiction of residence) and/or individuals who cannot enter into legally binding contracts under applicable law. If a user does not satisfy the Usage Requirements in their entirety, that user does not have permission to access or use the ConsumerTestConnectTM Offerings.


3) NECESSARY EQUIPMENT

You shall be responsible, at all times, for ensuring that you have an Internet connection, computer/mobile device, up-to-date Internet browser versions, a functioning e-mail account, applicable software, applicable hardware and/or other equipment necessary to access the ConsumerTestConnectTM Offerings. ConsumerTestConnectTM does not guarantee the quality, speed or availability of the Internet connection associated with your mobile device and/or computer. ConsumerTestConnectTM does not guarantee that the ConsumerTestConnectTM Offerings can be accessed: (a) on all mobile devices; (b) through all wireless service plans; (c) in connection with all Internet browsers; and/or (d) in all geographical areas. Standard messaging, data and wireless access fees may apply to your use of the ConsumerTestConnectTM Offerings through your wireless device. You are fully responsible for all such charges and ConsumerTestConnectTM has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier.


4) REGISTRATION

In order to register for a Contest ("Contest") and access the ConsumerTestConnectTM Offerings, and/or enter a Contest, you must first fully complete the applicable registration form located on the Site ("Form"). Depending on which of the ConsumerTestConnectTM Offerings you are attempting to access, the information that you must supply on the Form may include some or all of the following: (a) full name; (b) full mailing address; (c) telephone number; (d) e-mail address; (e) date of birth; (f) gender; and (g) any other information requested on the Form (collectively, "Form Registration Data"). In addition, where you enter a Contest and, where applicable, are selected as a potential Prize winner in connection therewith, ConsumerTestConnectTM may collect some or all of the following: (i) Social Security Number (for potential Prize winners); (ii) picture proof of identification, which may include a driver’s license, passport, voting card or similar government issued identification (for potential Prize winners); and (iii) any other information requested in connection with the applicable Contest (collectively, “Contest Registration Data,” and together with the Form Registration Data, the “Registration Data”).


5) CONTENT

Subject to the terms and conditions of the Agreement, users that possess the requisite technology shall have the opportunity to view, download and/or interact with all or some of the Content made available by and/or through the Site and/or other ConsumerTestConnectTM Offerings. The Content is compiled, distributed and displayed by ConsumerTestConnectTM as well as third-party content providers, such as Merchants (as defined below) and/or advertisers (collectively, “Third-Party Providers”). ConsumerTestConnectTM does not control the Content provided by Third-Party Providers that is made available by and through the ConsumerTestConnectTM Offerings. Such Third-Party Providers are solely responsible for the accuracy, completeness, appropriateness and/or usefulness of such Content. The Content should not necessarily be relied upon. ConsumerTestConnectTM does not represent or warrant that the Content and other information posted by and through the ConsumerTestConnectTM Offerings is accurate, complete, up-to-date or appropriate. You understand and agree that ConsumerTestConnectTM will not be responsible for, and ConsumerTestConnectTM undertakes no responsibility to monitor or otherwise police, Content provided by Third-Party Providers. You agree that ConsumerTestConnectTM shall have no obligation and incur no liability to such users in connection with any Content. You may find certain Content to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Content.


6) CONTESTS

ConsumerTestConnectTM offers Contests by and through the ConsumerTestConnectTM Offerings. By providing true and accurate information in connection with the applicable Contest Form(s) and agreeing to the Contest Rules applicable to each Contest, users can obtain, or attempt to obtain, a chance to win gift cards ("Gift Cards"), consumer products ("Products") and/or other prizes and awards offered through each Contest promotion (collectively, “Prizes”). Each user understands and agrees that ConsumerTestConnectTM shall not be liable to such user or any third-party for any claim in connection with that user’s participation in any of the Contests.

In order to participate in the Contests, users must: (a) select a Gift Card or Product that they would like to win; (b) complete the applicable Contest registration Form for that particular Gift Card or Product; and (c) view one (1) or more marketing offers (“Contest Offers”); provided, that, NO PURCHASE OF, OR SIGNING UP FOR, ANY CONTEST OFFERS IS NECESSARY TO RECEIVE A PRIZE. After viewing the requisite number of Contest Offers, the user may gain entry into a then-available Contest and have a chance to win a Prize. The featured Prize type may vary, and Prizes are limited in quantity and subject to availability. As such, ConsumerTestConnectTM reserves the right to substitute Prizes with a similar Prize that is of value equal to, or greater than, the applicable advertised Prize. Void where prohibited. Prizes are non-transferable and cannot be redeemed for cash. Please be advised that ConsumerTestConnectTM does not itself provide the Products or Gift Cards, and the ultimate terms and conditions of any such third-party Products and Gift Cards, will be determined by the third-party(ies) providing the Products and Gift Cards (collectively, “Merchants”). Without limiting the foregoing: (i) the applicable Gift Card issuer Merchant (“Issuer”) is solely responsible for all fulfillment and customer service in connection with products and/or services featured in connection with the subject Gift Cards; and (ii) the applicable Product manufacturer and/or distributor (“Distributor”) is solely responsible for all fulfillment and customer service in connection with the subject Products. Subject to the requirements of applicable law, the Gift Cards may have expiration dates and/or inactivity fees, but dates may vary subject to the applicable Gift Card Issuer's policies. Please contact the applicable Gift Card Issuer and/or Product Distributor for any questions, comments or feedback related to the Gift Cards and/or Products, respectively. Each Merchant, and not ConsumerTestConnectTM, is solely responsible for any and all bodily injury, illness, allergic reactions, damages, claims, liabilities and costs suffered by or relating to any Consumer in connection with the use of any Prize. Each Prize will be awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).  The Products and Gift Cards are subject to specific terms, conditions and limitations imposed by the applicable Merchants. The Products and Gift Cards contain descriptions that are provided directly by the Merchants associated with such Products and Gift Cards. Company does not represent or warrant that the descriptions of such Products and/or Gift Cards are accurate or complete. As a result, Company has no control over the quality, safety or legality of the Products and Gift Cards.   

 You understand and agree that ConsumerTestConnectTM is not responsible or liable in any manner whatsoever for: (i) your use of, or inability to use and/or qualify for, any Prize and/or Contest; (ii) any dispute between you and any Merchant and/or third-party provider of a Prize; or (iii) any modification, suspension or discontinuation of any Prize and/or Contest Offer.


7) SOCIAL MEDIA PAGES

The Site contains links to the various ConsumerTestConnectTM Social Media Pages. The Social Media Pages are hosted and made available on third-party Social Media Websites by third-party entities. Your use of Social Media Pages and Social Media Websites shall be governed by those Social Media Websites’ applicable agreements, terms and conditions. You understand and agree that ConsumerTestConnectTM shall not be liable to you, any other user or any third-party for any claim in connection with your use of, or inability to use, the Social Media Pages and/or Social Media Websites.


8) INTERACTIONS

The Site contains links to the various ConsumerTestConnectTM Social Media Pages. The Social Media Pages are hosted and made available on third-party Social Media Websites by third-party entities. Your use of Social Media Pages and Social Media Websites shall be governed by those Social Media Websites’ applicable agreements, terms and conditions. You understand and agree that ConsumerTestConnectTM shall not be liable to you, any other user or any third-party for any claim in connection with your use of, or inability to use, the Social Media Pages and/or Social Media Websites.


9) LICENSE GRANT

You are granted a non-exclusive, non-transferable, revocable and limited license to access and use certain portions of the ConsumerTestConnectTM Offerings, and associated Content in accordance with the Agreement. ConsumerTestConnectTM may terminate this license at any time for any or no reason. You may use the ConsumerTestConnectTM Offerings for your own personal, non-commercial use. Other than as expressly authorized, no part of the ConsumerTestConnectTM Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the ConsumerTestConnectTM Offerings or any portion thereof. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect information from the Site except as expressly permitted by ConsumerTestConnectTM. ConsumerTestConnectTM reserves any rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the ConsumerTestConnectTM Offerings. You may not take any action that imposes an unreasonable or disproportionately large load on ConsumerTestConnectTM infrastructure. Your right to use the ConsumerTestConnectTM Offerings is not transferable.


10) PROPRIETARY RIGHTS

The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the ConsumerTestConnectTM Offerings are protected under applicable copyright, trademark and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, publication or sale by you of any part of the ConsumerTestConnectTM Offerings is strictly prohibited. You do not acquire ownership rights in or to the ConsumerTestConnectTM Offerings, or any content, document, software, services or other materials viewed at or through the Site or otherwise by and through the ConsumerTestConnectTM Offerings. The “ConsumerTestConnect” name and logo, and all associated graphics, icons and service names, are trademarks of ConsumerTestConnect LLC.

All Gift Card and Product trademarks, brand names, custom graphics, icons and service names are the intellectual property of their rightful owners including, without limitation, the applicable Merchants. The use of any ConsumerTestConnectTM trademark without ConsumerTestConnect’s express written consent is strictly prohibited. The use of any third-party trademark without that party’s express written consent is strictly prohibited. The posting of information or material on the Site or otherwise by and through the ConsumerTestConnectTM Offerings by ConsumerTestConnectTM does not constitute a waiver of any right in or to such information and/or materials.


11) EDITING, DELETING AND MODIFICATION

We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Site or otherwise by and through the ConsumerTestConnectTM Offerings.


12) INDEMNIFICATION.

You agree to indemnify and hold ConsumerTestConnectTM, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third-party due to or arising out of: (a) your improper and/or unauthorized use of the ConsumerTestConnectTM Offerings; (b) your breach of the Agreement; (c) any dispute between you and any user, Merchant, Third-Party Provider or other third-party; (d) any claim that ConsumerTestConnectTM is obligated to pay any taxes in connection with your Prize(s); and/or (e) your violation of any rights of another individual and/or entity. The provisions of this Section 12 are for the benefit of ConsumerTestConnectTM, its parent, subsidiaries and/or affiliates, and each of their respective members, officers, directors, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.


13) DISCLAIMER OF WARRANTIES.

THE CONSUMERTESTCONNECTTM OFFERINGS, ANY PRODUCTS AND/OR SERVICES THAT YOU MAY RECEIVE FROM ANY MERCHANTS AND/OR THIRD-PARTY PROVIDERS, AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR OR RECEIVE THROUGH THE CONSUMERTESTCONNECTTM OFFERINGS (COLLECTIVELY, THE “TOTAL OFFERINGS”) ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, CONSUMERTESTCONNECTTM PROVIDES NO WARRANTY THAT: (A) THE TOTAL OFFERINGS WILL MEET YOUR REQUIREMENTS; (B) THE TOTAL OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) YOU WILL QUALIFY FOR A CONTEST AND/OR PRIZE; (D) THE GIFT CARDS WILL BE HONORED BY THE APPLICABLE MERCHANT; (E) YOU WILL REALIZE ANY ECONOMIC BENEFIT FROM THE CONTESTS, PRIZES AND/OR OTHER TOTAL OFFERINGS; OR (F) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE TOTAL OFFERINGS WILL BE ACCURATE OR RELIABLE. THE TOTAL OFFERINGS MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE CONSUMERTESTCONNECTTM OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CONSUMERTESTCONNECTTM, ANY MERCHANTS, THIRD-PARTY PROVIDERS OR OTHERWISE THROUGH OR FROM THE SITE OR OTHER CONSUMERTESTCONNECTTM OFFERINGS, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.


14) LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT CONSUMERTESTCONNECTTM SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CONSUMERTESTCONNECTTM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE TOTAL OFFERINGS; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM, OR TRANSACTIONS ENTERED INTO THROUGH, THE CONSUMERTESTCONNECTTM OFFERINGS; (C) THE FAILURE TO QUALIFY FOR A CONTEST AND/OR PRIZE; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; (E) THE FAILURE TO REALIZE ANY ECONOMIC BENEFIT FROM ENTRY INTO, AND/OR USE OF, THE CONTESTS, PRIZES AND/OR OTHER TOTAL OFFERINGS; AND (F) ANY OTHER MATTER RELATING TO THE TOTAL OFFERINGS. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER CAUSES OF ACTION. YOU HEREBY RELEASE CONSUMERTESTCONNECTTM FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF CONSUMERTESTCONNECTTM TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND CONSUMERTESTCONNECTTM. THE ABILITY TO USE THE TOTAL OFFERINGS WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.


15) THIRD-PARTY WEBSITES.

You may be transferred to Merchant, Third-Party Provider, Social Media Websites and other third-party owned or operated, websites through links or frames contained on the Site or otherwise made available by and through the ConsumerTestConnectTM Offerings. You are cautioned to read such websites’ terms and conditions and privacy policies before using such websites in order to be aware of the rules governing your use of such websites and their use of your personal and non-personal information. Because ConsumerTestConnectTM has no control over such third-party websites and/or resources, you hereby acknowledge and agree that ConsumerTestConnectTM is not responsible for the availability of such third-party websites and/or resources. Furthermore, ConsumerTestConnectTM does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials on or made available from such third-party websites or resources, or for any damages and/or losses arising therefrom. The inclusion of a link or frame to such websites does not imply endorsement of such Merchant(s), Third-Party Provider(s), Social Media Website(s) and/or its/their respective website(s) by ConsumerTestConnectTM and any association with the operator(s) is provided solely for your convenience. You agree that ConsumerTestConnectTM has no liability whatsoever in connection with such third-party websites and/or your usage thereof.


16) LEGAL WARNING

Any attempt by any individual, whether or not a ConsumerTestConnectTM customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of any of the ConsumerTestConnectTM Offerings is a violation of criminal and civil law and ConsumerTestConnectTM will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and/or in equity.


17) DISPUTE RESOLUTION PROVISIONS

The 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). The parties hereby agree to arbitrate all claims that may arise under the Agreement. Without limiting the foregoing, should a dispute arise between the parties including, without limitation, any matter concerning the ConsumerTestConnectTM Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association (“AAA”) in New York, NY, in accordance with the then current Commercial Arbitration rules of the American Arbitration Association ; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found here. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice ("Final Settlement Offer"). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute, you can submit your dispute for resolution by arbitration before the AAA, in your county of residence, by filing a separate Demand for Arbitration, which is also available on the Site here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys' fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Although we may have a right to an award of attorneys' fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.

To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against ConsumerTestConnectTM and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that ConsumerTestConnectTM incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.

To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against ConsumerTestConnectTM and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that ConsumerTestConnectTM incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.


18) MISCELLANEOUS.

Should any part of the 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 any ConsumerTestConnectTM Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Notwithstanding the foregoing, to the extent that there is any inconsistency between these Terms and Conditions and: (a) any Contest Rules, insofar as an applicable Contest promotion is concerned, the Contest Rules shall govern. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. ConsumerTestConnectTM may assign its rights and obligations under the Agreement, in whole or in part, to any party at any time without any notice to you. The Agreement may not, however, be assigned by you, and you may not delegate your duties under the Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.


19) CALIFORNIA USER CONSUMER RIGHTS

In accordance with Cal. Civ. Code Sec. 1789.3, California State resident users may file grievances and complaints with the California Department of Consumer Affairs, by U.S. mail at: 400 R Street, Ste. 1080, Sacramento, CA 95814; or by phone at: 916-445-1254 or 800-952-5210; or by email to: dca@dca.ca.gov.


CONTACTING US

If you have questions about the ConsumerTestConnectTM Offerings or the Agreement, please e-mail us at: support@consumertestconnect.com; or send us U.S. mail to: 5023 W. 120th Ave., #250, Broomfield, CO 80020.