Last Updated: July 17 2026

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. THEY SET FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE WEBSITE AND PRODUCTS AND SERVICES AVAILABLE THROUGH THE WEBSITE. THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT MAY BE ENFORCED BY COMPANY AND CERTAIN MARKETING PARTNERS AS DESCRIBED BELOW.

The ConsumerTestConnect™ website located at www.consumertestconnect.com (the “Site”) is owned and operated by ConsumerTestConnect LLC (“ConsumerTestConnect™,” “Company,” “we,” “our” or “us”). The following ConsumerTestConnect™ Website Terms and Conditions (“Terms and Conditions”) are inclusive of the ConsumerTestConnect™ 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”).

For purposes of this Agreement, “Company Parties” means Company, its parents, subsidiaries, affiliates, successors, assigns, and each of their respective officers, directors, members, employees, agents, representatives, service providers, vendors, licensors, suppliers, and attorneys. “Marketing Partners” means third-party advertisers, merchants, lead buyers, call partners, SMS/text messaging partners, email marketing partners, service providers, vendors, and other third parties that may present offers, provide services, receive Registration Data, or communicate with users in connection with the Site, the ConsumerTestConnect™ Offerings, or user consent obtained through the Site. “Covered Marketing Partners” means those Marketing Partners entitled to enforce a particular provision of this Agreement pursuant to the third-party-beneficiary rights described herein.

Marketing Partners are intended third-party beneficiaries solely for purposes of enforcing provisions of this Agreement and the Privacy Policy relating to consent, communications, calls, text messages, emails, TCPA/DNC claims, arbitration, class-action waiver, releases, disclaimers, limitation of liability, indemnification, and disputes arising out of or relating to the Site, the ConsumerTestConnect™ Offerings, user registration, Registration Data, user consent, communications, offers, products, or services involving Company or Marketing Partners. This provision is not intended to give Marketing Partners broader rights unrelated to the Site, the ConsumerTestConnect™ Offerings, user consent, or communications or offers arising from the Site.

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) promotions, contests and/or sweepstakes offered by ConsumerTestConnect™ 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 “ConsumerTestConnect™ Offerings”).

By using and/or accessing the ConsumerTestConnect™ Offerings, you acknowledge that you have read and understand this Agreement and, as a condition of using the Site or our services, agree to comply with and be bound by the Agreement in its entirety, which shall have the same legal effect and be enforceable as if it were physically signed by you. If you are not eligible, or do not agree to the Agreement, then you do not have our permission to use the Site or our services.

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 CONSUMERTESTCONNECT™ OFFERINGS IN ANY MANNER OR FORM. BY USING THE SITE OR OUR SERVICES, YOU ARE AGREEING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TO RESOLVE DISPUTES BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS AND TO WAIVE ANY RIGHT TO A JURY TRIAL OR CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION, INCLUDING FOR TELEPHONE CONSUMER PROTECTION ACT (“TCPA”), DO-NOT-CALL (“DNC”), CALL, TEXT MESSAGE, EMAIL, CONSENT, OR COMMUNICATION-RELATED CLAIMS AGAINST COMPANY OR COVERED MARKETING PARTNERS.

By submitting a telephone number to us, you represent that you are the subscriber, customary user, or account holder for that telephone number, or that you otherwise have authority to provide consent for communications to that telephone number. You agree that Company and Marketing Partners may contact you at the telephone number you provide, including by calls or text messages, regarding operational matters, Site activity, offers, promotions, products, services, and marketing. You understand that such calls or text messages may be considered telemarketing under applicable law and may be made using an automatic telephone dialing system, artificial or prerecorded voice, SMS/text messaging technology, or other automated technology where permitted by law and supported by your consent. Consent is not a condition of any purchase.

THE AGREEMENT CONTAINS IMPORTANT LEGAL PROVISIONS, INCLUDING DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE CLAIMS THAT MAY ARISE HEREUNDER, INCLUDING CERTAIN CLAIMS AGAINST COMPANY AND COVERED MARKETING PARTNERS. 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 ConsumerTestConnect™ is not in any way affiliated with Facebook, nor are the ConsumerTestConnect™ Offerings endorsed, administered or sponsored by Facebook.

SCOPE OF AGREEMENT; MODIFICATION

By using the ConsumerTestConnect™ Offerings, you agree to be bound by, and to comply with, the terms and conditions of the Agreement. If you are dissatisfied with the ConsumerTestConnect™ Offerings for any reason, you agree that your sole and exclusive remedy is to discontinue using the ConsumerTestConnect™ Offerings. The Agreement constitutes the entire and only agreement between you and ConsumerTestConnect™ with respect to your use of the ConsumerTestConnect™ Offerings and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings between you and ConsumerTestConnect™ with respect to the ConsumerTestConnect™ Offerings. Notwithstanding the foregoing, where Company and a business user are parties to a separate written agreement concerning the ConsumerTestConnect™ Offerings, that separate written agreement will govern solely to the extent of a direct conflict regarding its subject matter.

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 ConsumerTestConnect™ Offerings. By your continued use of any of the ConsumerTestConnect™ 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.

REQUIREMENTS

The ConsumerTestConnect™ 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) are legally permitted to enter into legally binding contracts with us and are not barred from doing so under any applicable law (collectively, “Usage Requirements”). The ConsumerTestConnect™ 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 ConsumerTestConnect™ Offerings.

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 ConsumerTestConnect™ Offerings. ConsumerTestConnect™ does not guarantee the quality, speed or availability of the Internet connection associated with your mobile device and/or computer. We do not guarantee that the ConsumerTestConnect™ 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 ConsumerTestConnect™ Offerings through your wireless device. You are fully responsible for all such charges and Company has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier.

REGISTRATION

In order to register for a Contest ("Contest") and access the ConsumerTestConnect™ 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 ConsumerTestConnect™ Offerings you are attempting to access, the information that you must supply on the Form may include, without limitation: (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, ConsumerTestConnect™ may require collection of, without limitation: (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”).

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 ConsumerTestConnect™ Offerings. The Content is compiled, distributed and displayed by Company as well as third-party content providers, such as Merchants (as defined below) and/or advertisers (collectively, “Third-Party Providers”). Company does not control the Content provided by Third-Party Providers that is made available by and through the ConsumerTestConnect™ 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. Company does not represent or warrant that the Content and other information posted by and through the ConsumerTestConnect™ Offerings is accurate, complete, up-to-date or appropriate. You understand and agree that Company will not be responsible for, and Company undertakes no responsibility to monitor or otherwise police, Content provided by Third-Party Providers. You agree that Company 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.

CONTESTS

Company offers Contests by and through the ConsumerTestConnect™ 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 Company 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, Company reserves the right to substitute Prizes with a similar Prize that we deem, in our sole discretion, 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 Company 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 Company, 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", “AS AVAILABLE”, “WITH ALL FAULTS” 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 ConsumerTestConnect™ 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.

SOCIAL MEDIA PAGES

The Site contains links to the various ConsumerTestConnect™ 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 Company 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.

INTERACTIONS

Users are solely responsible for their interactions with other users, Merchants, Third-Partiy Providers and other third-parties featured through the ConsumerTestConnect™ Offerings. Because Company is not involved in interactions with other users and third-parties, in the event that you have a dispute with one or more users, Merchants, Third-Party Providers and/or other third-parties, you hereby release Company from any and all claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes.

LICENSE GRANT

You are granted a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access, copy, print and use certain portions of the ConsumerTestConnect™ Offerings, and associated Content solely for personal use in accordance with the Agreement. Company may terminate this license at any time for any or no reason. You may use the ConsumerTestConnect™ Offerings for your own personal, non-commercial use. Other than as expressly authorized, no part of the ConsumerTestConnect™ 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 ConsumerTestConnect™ 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 us. Company 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 ConsumerTestConnect™ Offerings. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Your right to use the ConsumerTestConnect™ Offerings is not transferable.

PROPRIETARY RIGHTS

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

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 ConsumerTestConnect™ 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 ConsumerTestConnect™ Offerings by Company does not constitute a waiver of any right in or to such information and/or materials. Any use of the Site or its content other than expressly permitted herein is strictly prohibited.

EDITING, DELETING AND MODIFICATION

We reserve the right in our sole discretion to, from time to time, make changes to the Agreement, and to edit, modify, and/or delete any documents, information or other content appearing on the Site or otherwise by and through the ConsumerTestConnect™ Offerings, without prior notice to you. Your continued use of the Site or our services after the modification of the Terms and Conditions constitutes your acceptance of such updated Terms and Conditions, and any updated Terms and Conditions apply to new use and transactions. We encourage you to review the Terms and Conditions whenever you visit the Website, to see if a new version has been posted. If you do not agree to the updated Terms and Conditions in whole or in part, immediately discontinue use of the Site or related services. Further, we may suspend or terminate your access to the Site and remove any content you provide if you violate these Terms or applicable laws. You acknowledge that we are not liable for any consequences resulting from these actions, including without limitation any loss of access, data, functionality, or business opportunity.

INDEMNIFICATION

By using the Site and/or our services, you agree to indemnify, defend, and hold harmless the Company Parties and, where applicable, Marketing Partners from and against any and all claims, expenses, damages, suits, costs, demands, actions, proceedings, investigations, fines, penalties, settlements, interest, liabilities, losses, disputes, judgments, and reasonable attorneys’ fees and litigation costs (“Claims and Losses”) arising out of or relating to: (a) your improper, unauthorized, unlawful, or fraudulent use of the ConsumerTestConnect™ Offerings; (b) your breach or alleged breach of this Agreement; (c) your dispute with any user, Merchant, Third-Party Provider, Marketing Partner, or other third party; (d) any claim that Company is obligated to pay taxes in connection with your Prize(s); (e) your violation or alleged violation of any applicable law, rule, code, statute, ordinance, governmental order, or right of another individual or entity; (f) any misrepresentation made by you; or (g) any privacy, tort, TCPA, DNC, state telemarketing, or similar claim arising from your submission of a telephone number, email address, mailing address, or other personal information that you do not own, control, or have authority to provide.

The provisions of this Section are for the benefit of the Company Parties and, where the claim arises out of or relates to communications, offers, services, Registration Data, user consent, or interactions involving a Marketing Partner, for the benefit of such Marketing Partner. Each covered party may assert and enforce these provisions directly to the fullest extent permitted by law. You agree to cooperate as reasonably required in the defense of any Claims and Losses. If you assume defense of a matter, you will use legal counsel in the course of such defense that is reasonably acceptable to the Company Parties. Notwithstanding the foregoing, Company Parties may, at their own expense and without limiting your indemnification obligations, assume exclusive defense and control of any matter otherwise subject to indemnification. You will not settle or otherwise dispose of a matter in a manner that places an obligation upon the Company Parties without the Company Parties’ prior written consent.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE CONSUMERTESTCONNECT™ 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 CONSUMERTESTCONNECT™ OFFERINGS (COLLECTIVELY, THE “TOTAL OFFERINGS”) ARE PROVIDED TO YOU ON AN "AS IS", "AS AVAILABLE", AND “WITH ALL FAULTS” BASIS AND ALL WARRANTIES, REPRESENTATIONS, ENDORSEMENTS, OR PROMISES OF ANY KIND, WHETHER EXPRESS AND IMPLIED, ARE EXPRESSLY 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, AND ANY OTHER WARRANTY ARISING UNDER THE UNIFORM COMMERCIAL CODE, USAGE OF TRADE, COURSE OF CONDUCT OR OTHERWISE).

IN PARTICULAR, BUT NOT AS A LIMITATION TO THE IMMEDIATELY FOREGOING PARAGRAPH, COMPANY PARTIES PROVIDE NO WARRANTY THAT: (A) THE TOTAL OFFERINGS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE TOTAL OFFERINGS WILL BE AVAILABLE, 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; (F) ANY TECHNICAL ERRORS, DEFECTS, OR ISSUES, IF ANY, WILL BE RESOLVED OR CORRECTED; (G) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE TOTAL OFFERINGS WILL BE ACCURATE OR RELIABLE; OR (H) THE SITE WILL BE FREE OF ANY MALICIOUS SOFTWARE, VIRUSES, TROJANS, WORMS, LOGIC BOMBS, OR HARMFUL COMPONENTS, OR THAT THE SERVERS MAKING THE SITE AVAILABLE ARE FREE FROM SUCH COMPONENTS.

THE TOTAL OFFERINGS MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. YOU UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, OR OTHER EQUIPMENT, LOSS OF DATA, OR OTHER HARM RESULTING FROM SUCH ACCESS OR USE, INCLUDING WITHOUT LIMITATION, ANY SECURITY ISSUES RELATED TO THE TRANSMISSION OF INFORMATION OR USER CONTENT SUBMITTED THROUGH THE SITE. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE CONSUMERTESTCONNECT™ OFFERINGS. ANY MATERIAL AND/OR DATA OBTAINED, DOWNLOADED, OR OTHERWISE ACCESSED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN RISK. UNLESS EXPRESSLY STATED HEREIN, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY PARTIES, ANY MERCHANTS, THIRD-PARTY PROVIDERS OR OTHERWISE THROUGH OR FROM THE SITE OR OTHER CONSUMERTESTCONNECT™ OFFERINGS, SHALL GUARANTEE OR CREATE ANY WARRANTY. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO RELEASE AND HOLD HARMLESS THE COMPANY PARTIES FROM ANY AND ALL CLAIMS, LIABILITIES, LOSSES, DAMAGES, INJURIES, COSTS, OR EXPENSES (INCLUDING PROPERTY DAMAGE, PERSONAL INJURY, OR DEATH) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE SITE, ANY OFFERS OR SERVICES REFERENCED THEREIN, OR ANY ALLEGED VIOLATION OF LAW OR INFRINGEMENT OF THE RIGHTS OF ANY THIRD PARTY, INCLUDING RIGHTS OF PUBLICITY, PRIVACY, OR DEFAMATION.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES AND COVERED MARKETING PARTNERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, ENHANCED, PUNITIVE, EXEMPLARY, OR OTHER INTANGIBLE LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, BUSINESS OPPORTUNITY, OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS LIMITATION APPLIES, WITHOUT LIMITATION, TO ALL CLAIMS ARISING OUT OF OR RELATING TO: (A) THE USE, ATTEMPTED USE, OR INABILITY TO USE THE TOTAL OFFERINGS; (B) GOODS, DATA, INFORMATION, OFFERS, PRODUCTS, SERVICES, OR TRANSACTIONS OBTAINED THROUGH OR IN CONNECTION WITH THE CONSUMERTESTCONNECT™ OFFERINGS; (C) FAILURE TO QUALIFY FOR A CONTEST OR PRIZE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR REGISTRATION DATA; (E) FAILURE TO REALIZE ANY ECONOMIC BENEFIT FROM THE CONTESTS, PRIZES, OR OTHER TOTAL OFFERINGS; (F) DAMAGE TO ANY COMPUTER, HARDWARE, SOFTWARE, MODEM, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY; AND (G) ANY OTHER MATTER RELATING TO THE TOTAL OFFERINGS.

IF APPLICABLE LAW DOES NOT PERMIT THE ABOVE LIMITATION AND/OR IN ALL OTHER INSTANCES, THE MAXIMUM AGGREGATE LIABILITY OF COMPANY PARTIES AND COVERED MARKETING PARTNERS TO YOU OR ANY THIRD PARTY FOR ALL CLAIMS, LOSSES, OR DAMAGES ARISING UNDER ANY AND ALL CIRCUMSTANCES SHALL BE LIMITED TO THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID DIRECTLY TO COMPANY, IF ANY, FOR USE OF THE SITE OR SERVICES DURING THE SIX (6) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00).

THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. THE ABILITY TO USE THE TOTAL OFFERINGS WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.

THIRD-PARTY WEBSITES

You may be transferred to Merchant, Third-Party Provider, Social Media Website, advertiser, Marketing Partner, or other third-party owned or operated websites through links, frames, redirects, offers, advertisements, calls, text messages, emails, or other features contained on or made available through the Site or ConsumerTestConnect™ Offerings. We may receive compensation when you click on, view, submit information to, purchase from, call, receive communications from, or otherwise interact with third-party offers, advertisers, merchants, websites, calls, messages, products, or services.

We are not accountable for the enforcement of any obligations resulting from a contract between you and any third party and shall not be obligated to intervene between the parties to any such contract. Any activities you engage in in connection with third-party or linked websites are governed solely by the applicable terms, conditions, privacy policies, and rules of those websites, and you are solely responsible for reviewing and understanding them.

Because Company has no control over such third-party websites, resources, offers, communications, products, or services, you acknowledge and agree that Company is not responsible for their availability, content, terms, privacy policies, advertising, products, services, communications, transactions, contracts, fulfillment, quality, delivery, suitability, or any damages, issues, or losses arising there from. The inclusion of any link, frame, redirect, offer, advertisement, or reference does not imply endorsement, approval, sponsorship, or control by Company.

You expressly agree that, to the fullest extent permitted by law, you will not involve Company Parties in any claim, proceeding, investigation, audit, arbitration, or dispute between you and any third party, except to the extent such waiver is prohibited by applicable law. You hereby release and hold harmless the Company Parties from any and all claims, demands, losses, or damages arising out of or in any way connected with third-party websites, offers, communications, products, services, transactions, or relationships, including claims arising from negligence, breach of contract, defamation, infringement of intellectual property rights, privacy, publicity, or other rights.

LEGAL WARNING

Any attempt by any individual, whether or not a Site user, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of any of the ConsumerTestConnect™ Offerings is a violation of criminal and civil law and Company 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.

AGREEMENT TO ARBITRATE

You and we each agree that any and all disputes, claims, actions, or controversies that arise out of or relate to the Site, the ConsumerTestConnect™ Offerings, this Agreement, the Privacy Policy, Registration Data, user consent, calls, text messages, emails, communications, offers, products, services, or interactions involving Company or covered Marketing Partners (collectively, “Disputes”) shall be resolved exclusively through final and binding arbitration, rather than in court, except that either party may assert claims in small claims court if the claims qualify and remain only in small claims court. Agreement to arbitrate is a material condition of your use of the Site and our services.

This Agreement to Arbitrate applies to you, Company, the Company Parties, and covered Marketing Partners, all of whom are intended third-party beneficiaries of this Agreement to Arbitrate and may enforce it where a Dispute arises out of or relates to the Site, the ConsumerTestConnect™ Offerings, user registration, Registration Data, user consent, communications, offers, products, services, or interactions involving such Marketing Partner. Covered Disputes include, without limitation, alleged violations of the Telephone Consumer Protection Act (“TCPA”), Do-Not-Call laws or regulations, state telemarketing laws, SMS/text messaging laws, email marketing laws, privacy laws, consumer-protection laws, and disputes relating to the existence, scope, validity, interpretation, applicability, or enforceability of this Agreement to Arbitrate. When Company Parties or covered Marketing Partners seek to enforce this Agreement to Arbitrate, for clarity, references to “Company” in this Agreement to Arbitrate (including the Mass Arbitration Supplement) will be read to include the relevant Company Parties or covered Marketing Partners.

BY ACCESSING OR USING THE SITE, YOU AND COMPANY EACH AGREE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TO WAIVE THE RIGHT TO A JURY TRIAL AND TO RESOLVE COVERED DISPUTES BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS IN ACCORDANCE WITH THIS AGREEMENT TO ARBITRATE. INSTITUTION OF A JUDICIAL PROCEEDING DOES NOT WAIVE THE RIGHT OF ANY PARTY TO DEMAND ARBITRATION UNDER THIS AGREEMENT.

Questions regarding the existence, scope, validity, interpretation, applicability, or enforceability of this Agreement to Arbitrate, including whether a Dispute is subject to arbitration and whether all or any part of this Agreement is void or voidable, shall be decided by the arbitrator and not by a court, except to the extent applicable law requires otherwise.

Arbitration shall be conducted by the American Arbitration Association (“AAA”) under the AAA Consumer Arbitration Rules and the Federal Arbitration Act. The arbitration shall be administered by the AAA before a single, neutral arbitrator, whose award shall be final and binding, subject only to any review, modification, correction, or vacatur permitted under the Federal Arbitration Act or other applicable law. . Unless applicable law or the AAA Consumer Arbitration Rules require otherwise, the legal seat of the arbitration shall be the City and County of Denver, Colorado. The consumer may elect to participate by telephone, videoconference, written submissions, or another remote means permitted by the arbitrator or AAA.  Hearings may be conducted by telephone or videoconference if all parties agree to the use of such technologies. Disputes involving an amount in controversy of $20,000 or less may be resolved on written submissions without an evidentiary hearing where permitted by the AAA Consumer Arbitration Rules and determined appropriate by the arbitrator. The arbitrator will issue a written opinion with the arbitrator’s award. Judgment on the award may be entered in any court having jurisdiction.

Before initiating arbitration, the party asserting a Dispute shall provide written notice describing the nature and basis of the claim and the relief sought. The parties shall attempt in good faith to resolve the Dispute informally for at least thirty (30) days after notice is received, unless a shorter period is required to preserve a claim or comply with applicable law. If the Dispute is not resolved during that period, either party may commence arbitration. Legal notices must be sent to support@consumertestconnect.com and by certified U.S. mail to 5023 W. 120th Ave., #250, Broomfield, CO 80020, Attention: Legal Department

You and Company agree that each may bring covered Disputes only on an individual basis and not as a plaintiff or class member in any purported class, collective, consolidated, representative, mass, private attorney general, or other non-individual action or proceeding, including but not limited to claims under the TCPA, 47 U.S.C. § 227 et seq., Do-Not-Call laws, state telemarketing laws, or the California Invasion of Privacy Act, Cal. Penal Code § 630 et seq., except where such waiver is prohibited by applicable law.

Unless all parties agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims, preside over any form of class, collective, consolidated, representative, mass, or private attorney general proceeding, or award relief that affects users or persons other than the individual claimant and the responding party or covered Marketing Partner.

Unless otherwise stated in this Agreement, all filing, administration, and arbitrator fees shall be governed by the AAA Consumer Arbitration Rules. Where the value of the relief sought is less than or equal to ten thousand dollars ($10,000), Company may, at your request, pay filing, administration, and arbitrator fees to the extent required to prevent arbitration from being cost-prohibitive or as otherwise required by applicable law or the AAA Consumer Arbitration Rules.

Where the value of the relief sought is more than ten thousand dollars ($10,000) and you demonstrate that arbitration costs would be prohibitive compared to litigation costs, Company will pay as much of the arbitration costs as the arbitrator deems necessary to prevent arbitration from being cost-prohibitive, subject to applicable law and the AAA Consumer Arbitration Rules.

If the arbitrator determines that your claim is frivolous or brought for an improper purpose, you agree to reimburse Company for arbitration costs paid by Company on your behalf to the extent permitted by applicable law and the AAA Consumer Arbitration Rules.

This arbitration provision shall survive termination of this Agreement, cancellation or closure of any account, cessation of your use of or access to the Site, and any products or services sold, offered, or purchased through or in connection with the Site.

Mass Arbitration Supplement

If twenty-five (25) or more similar arbitration demands or claims are asserted against Company by the same counsel, coordinated counsel, affiliated counsel, a common claims administrator, a common litigation funder, or are otherwise coordinated in substance, and your claim is one such claim, the additional procedures in this Mass Arbitration Supplement shall apply. The parties acknowledge that, in such event, resolution of individual claims may be delayed, and any applicable limitations periods and arbitration fee deadlines shall be tolled as provided below.

The parties agree that the AAA Mass Arbitration Supplementary Rules and the applicable AAA Consumer Mass Arbitration and Mediation Fee Schedule shall apply, except to the extent this Agreement provides additional procedures that are not inconsistent with applicable law or mandatory AAA requirements.

Counsel for the claimants and counsel for Company shall each select ten (10) cases to proceed first in individual arbitration proceedings as part of an initial staged process. The remaining claims shall not be filed or deemed filed in arbitration, and no AAA filing, administration, case-management, hearing, arbitrator, or other arbitration fees shall be assessed in connection with those remaining claims, unless and until such claims are selected to proceed in an individual arbitration stage under this Supplement. A single arbitrator shall preside over each individual case, and only one case may be assigned to each merits arbitrator unless the parties agree otherwise or the process arbitrator determines otherwise for good cause consistent with individual arbitration.

After the initial twenty (20) individual arbitration proceedings are concluded, and if ordered by the process arbitrator, the parties shall participate in a global mediation before a retired state or federal judge selected by the parties or, if the parties cannot agree after good-faith efforts, selected by AAA. Company shall pay the mediator’s fee to the extent required by applicable law, AAA rules, or this Agreement; otherwise one-half of the mediator’s fee will be paid by Company and one-half of the mediator’s fee will be paid pro rata by the plaintiffs whose Disputes are subject of the mediation.

If the remaining claims are not resolved through mediation, counsel for each side shall select twenty (20) additional cases to proceed in individual arbitration proceedings as part of a second staged process. If fewer than forty (40) claims remain, all remaining claims shall proceed. The remaining claims shall not be filed or deemed filed in arbitration, and no AAA fees shall be assessed in connection with those remaining claims, unless and until such claims are selected to proceed in an individual arbitration stage under this Supplement.

After the second staged process is concluded, and if ordered by the process arbitrator, the parties shall participate in another global mediation before a retired state or federal judge selected by the parties or, if the parties cannot agree after good-faith efforts, selected by AAA. Company shall pay the mediator’s fee to the extent required by applicable law, AAA rules, or this Agreement; otherwise one-half of the mediator’s fee will be paid by Company and one-half of the mediator’s fee will be paid pro rata by the plaintiffs whose Disputes are subject of the mediation.

If the remaining claims are not resolved after the second mediation, the staged process shall continue in sets of one hundred (100) individual claims at a time, selected randomly by AAA unless the parties agree to another selection process. Between staged sets, the parties shall meet and confer in good faith regarding whether additional mediation or procedural modifications would be productive.

Any applicable limitations periods, statutes of limitation, contractual limitation periods, and arbitration fee deadlines shall be tolled for claims subject to this Mass Arbitration Supplement from the time the first staged cases are selected until the applicable claim is selected to proceed, withdrawn, settled, or otherwise resolved.

Each merits arbitrator shall endeavor to issue an award within one hundred twenty (120) days of appointment or as swiftly as reasonably possible while preserving fairness to the parties.

The parties shall meet and confer throughout the process to informally resolve remaining claims, streamline procedures, address the informal exchange of information, modify the number of claims to be adjudicated in any staged set, and ensure the process remains fair and efficient. AAA or a process arbitrator may be used to resolve procedural disputes, manage sequencing, and implement procedures that reduce unnecessary cost and delay, provided that no process arbitrator may decide the merits of any individual claim unless separately appointed as the merits arbitrator for that claim.

Nothing in this Mass Arbitration Supplement authorizes class arbitration, collective arbitration, consolidated arbitration, representative arbitration, private-attorney-general arbitration, or arbitration on behalf of the general public. Each claim must proceed only in individual arbitration, unless the parties expressly agree otherwise in writing.

A court of competent jurisdiction shall have authority to enforce this Mass Arbitration Supplement, including by enjoining the mass filing, prosecution, or administration of arbitrations, or the assessment or collection of arbitration fees, except as permitted by this Supplement.

This Mass Arbitration Supplement and each of its requirements are intended to be severable from the rest of the Agreement to Arbitrate. If, after exhaustion of all appeals, a court of competent jurisdiction determines that the staged process in this Supplement is unenforceable, then the claims may proceed in individual arbitration, and the payment of AAA filing, administration, case-management, hearing, arbitrator, and related fees shall be assessed as the arbitrations advance and arbitrators are appointed, rather than when the arbitrations are initiated, to the fullest extent permitted by applicable law and AAA rules. Any such determination shall not invalidate the Agreement to Arbitrate, the delegation clause, the class-action waiver, the representative-action waiver, or the requirement that claims proceed only in individual arbitration.

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 ConsumerTestConnect™ Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. These Terms and Conditions supersede any other terms previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise. 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. Any waiver must be agreed to by the Company in writing. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Company may assign, transfer, or sub-contract any of its rights and obligations under the Agreement, in whole or in part, to any party at any time without any notice to you, at our sole discretion. The Agreement may not, however, be assigned by you, and you may not delegate your duties under the Agreement. Any representations, warranties, and indemnification obligations made or undertaken by you will remain in effect and survive cancellation or termination of your account or relationship with the Company.

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

Governing Law; User Responsibilities. This Agreement is governed by and construed in accordance with the laws of the State of Colorado, excluding its choice-of-law rules, except that the arbitration provisions are governed by the Federal Arbitration Act to the fullest extent permitted by law. You are responsible for obtaining and maintaining all devices, software, and internet or mobile services needed to access the Site.

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 ConsumerTestConnect™ 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; or call us at 1-800-752-8925.