Last Updated: January 29, 2024
Each end-user visitor to the Site (“User,” “you” or “your”) agrees to the Agreement, in its entirety, when she/he: (a) accesses or uses the Site; (b) accesses and/or views any of the: (i) links to third-party higher education institutions and/or online higher education related resources and other information (“Third-Party Links”); and/or (ii) text, video and/or other information pertaining to online higher education degree programs and/or higher education education-related products and/or services made available on the Site (the “Informational Content,” and together with the Third-Party Links, the “Content”); and/or (c) utilizes the various contact forms and/or contact information made available on the Site as a means to contact directly, or request to be contacted by, Resource Finder USA™ and/or Resource Finder USA™ third-party online higher education degree program and higher education education-related product and service providers (“Third-Party Service Providers”) (collectively, the “Contact Services,” and together with the Site and Content, the “Site Offerings”).
By using and/or accessing the Site Offerings, Users agree to comply with and be bound by the Agreement in its entirety. PLEASE REVIEW THE TERMS OF THE AGREEMENT CAREFULLY. IF A USER DOES NOT AGREE WITH THE TERMS OF THE AGREEMENT IN THEIR ENTIRETY, THAT USER IS NOT AUTHORIZED TO USE THE SITE OFFERINGS IN ANY MANNER OR FORM.
NOTICE: 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 AGAINST RESOURCE FINDER USA™, AS WELL AS ITS PARENT, SUBSIDIARIES, MEMBERS, RELATED PARTIES, THIRD-PARTY SERVICE-PROVIDERS AND MARKETING PARTNERS (COLLECTIVELY, “COVERED PARTIES”), WHO ARE EXPRESS THIRD-PARTY BENEFICIARIES OF THE MANDATORY ARBITRATION PROVISION. 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”).
PLEASE BE ADVISED THAT RESOURCE FINDER USA™ IS NOT A SECONDARY SCHOOL AND RESOURCE FINDER USA™DOES NOT ITSELF PROVIDE HIGHER EDUCATION-RELATED PRODUCTS AND/OR SERVICES. THE ULTIMATE TERMS AND CONDITIONS OF ANY EDUCATION-RELATED PRODUCTS AND/OR SERVICES FEATURED BY AND THROUGH THE SITE OFFERINGS WILL BE DETERMINED BY THE APPLICABLE THIRD-PARTY SERVICE PROVIDERS. RESOURCE FINDER USA™ DOES NOT ENDORSE, SUPPORT OR CONFIRM THE VALIDITY OF THE CONTENT, INFORMATION OR SCHOOL LISTINGS MADE AVAILABLE BY AND THROUGH THE SITE OFFERINGS AND/OR OTHERWISE BY THIRD-PARTY SERVICE-PROVIDERS, NOR DOES RESOURCE FINDER USA™ REPRESENT OR WARRANT THAT SUCH CONTENT, INFORMATION OR SCHOOL LISTINGS ARE ACCURATE, COMPLETE OR APPROPRIATE. RESOURCE FINDER USA™ ASSUMES NO OBLIGATION AND INCURS NO LIABILITY IN CONNECTION WITH YOUR USE OF AND/OR RELIANCE UPON ANY SUCH CONTENT, INFORMATION AND/OR SCHOOL LISTINGS. RELIANCE ON ANY INFORMATION MADE AVAILABLE TO YOU BY AND THROUGH THE SITE OFFERINGS, INCLUDING THE CONTENT, IS SOLELY AT YOUR OWN RISK.
1. Scope; Modification of Agreement. The Agreement constitutes the entire and only agreement between Users and Resource Finder USA™ with respect to Users’ use of the Site Offerings, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same. Resource Finder USA™ may amend the Agreement from time to time in its sole discretion, without specific notice to Users; 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 Users should review the Agreement prior to using any Site Offerings. By a User’s continued use of the Site Offerings, that User hereby agrees to comply with 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).
2. Requirements; Termination of Access to the Site Offerings. The Site Offerings are available only to individuals who: (a) can enter into legally binding contracts under applicable law; and (b) are eighteen (18) years of age or older (or the applicable age of majority, if greater than eighteen (18) years of age in their respective jurisdictions of residency) (collectively, “Usage Requirements”).
The Site 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 respective jurisdictions of residency) 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 Site Offerings.
Resource Finder USA™ may terminate a User’s access to the Site Offerings at any time and for any reason, in its sole discretion. Such reasons may include, without limitation, where Resource Finder USA™ believes that such User is: (i) in any way in breach of the Agreement; and/or (ii) engaged in any improper conduct in connection with the Site Offerings.
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 Site Offerings. Resource Finder USA™ does not guarantee the quality, speed or availability of the Internet connection associated with your mobile device and/or computer. Resource Finder USA™ does not guarantee that the Site Offerings can be accessed: (A) on all mobile devices; (B) through all wireless service plans; (C) in connection with all Internet browsers; or (D) in all geographical areas. Standard messaging, data and wireless access fees may apply to your use of the Site Offerings through your wireless device. You are fully responsible for all such charges and Resource Finder USA™ has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier.
3. Contact Services. By and through the Contact Services, Resource Finder USA™ provides Users with an opportunity to request to be contacted in connection with higher education programs, products and/or services as offered and provided by Third-Party Service Providers. Please be advised that Resource Finder USA™ does not itself provide higher education products and/or services, and the ultimate terms and conditions of any product or service provided by Third-Party Service Providers will be determined by those Third-Party Service Providers.
5. Non-Endorsement; Passive Conduit.
(a) Resource Finder USA™ operates the Site and Site Offerings as a passive conduit. Resource Finder USA™ does not sponsor, recommend or endorse any Third-Party Service Providers and/or higher education opportunities offered by the Third-Party Service Providers (collectively, “Higher Education Offerings”) that are accessible by and through the Contact Services. The Site facilitates communication between Third-Party Service Providers and potential students.
(b) Resource Finder USA™ has no control over the quality of the Third-Party Service Providers and/or Higher Education Offerings.
(c) Resource Finder USA™ does not guarantee that Users will successfully find higher education opportunities by and/or through the Site Offerings. The determination of the need for higher education and the choice of education providers/schools are extremely important decisions and should not be based solely on advertisements or rates offered by any Third-Party Service Provider. Resource Finder USA™ is not responsible for, and in no way endorses, any description or any Third-Party Service Provider that is accessible through the Site Offerings. Resource Finder USA™ does not review the credentials or standing of any Third-Party Service Providers. Therefore, Resource Finder USA™ makes no representation regarding the status, standing or viability of any Third-Party Service Provider. When considering a Higher Education Offering, Users should make an independent investigation of, confirm and verify all claims made by, any Third-Party Service Provider. You understand and agree that Resource Finder USA™ shall not be liable to you or any third party for any Higher Education Offering offered by any Third-Party Service Provider.
(d) Resource Finder USA™ is not responsible for ensuring that the applicable Third-Party Service Provider and/or User actually enter into a contractual relationship in connection with any prospective Higher Education Offerings. Resource Finder USA™ does not guarantee that Users will successfully find Higher Education Offerings through the Site Offerings.
6. Content; Third-Party Links. The Site contains Content which includes, but is not limited to, text, video and other information pertaining to higher education opportunities, as well as regularly updated Third-Party Links. The Content is compiled, distributed and displayed by Resource Finder USA™, as well as Third-Party Service Providers and other third-party content providers (collectively, “Third-Party Content Providers”). Resource Finder USA™ does not control the Content provided by Third-Party Content Providers that is made available by and through the Site Offerings. Such Third-Party Content Providers are solely responsible for the accuracy, completeness, appropriateness, safety and/or usefulness of such Content. The Content should not necessarily be relied upon. Resource Finder USA™ does not represent or warrant that the Content and other information posted by and/or through the Site Offerings is accurate, complete, up-to-date or appropriate. Users understand and agree that Resource Finder USA™ will not be responsible for, and Resource Finder USA™ undertakes no responsibility to monitor or otherwise police, Content provided by Third-Party Content Providers. Users agree that Resource Finder USA™ shall have no obligation and incur no liability to such Users in connection with any Content. Users may find certain Content to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Content. The Content is offered for informational purposes only and is at all times subject to the disclaimers contained herein, and on the Site.
7. Interactions. Resource Finder USA™ does not involve itself in the agreements between Users and Third-Party Service Providers, or in the actual provision of Higher Education Offerings in connection with the relationships created thereby. Users are solely responsible for their interactions with Third-Party Service Providers. Third-Party Service Providers are solely responsible for their interactions with Users. Because Resource Finder USA™ is not involved in User interactions, in the event that you have a dispute with one or more Third-Party Service Providers or other Users, you hereby release Resource Finder USA™ 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.
8. Representations and Warranties. Each User hereby represents and warrants to Resource Finder USA™ as follows: (a) the Agreement constitutes the legal, valid and binding obligation of User which is fully enforceable against User in accordance with its terms; (b) User understands and agrees that User has independently evaluated the desirability of utilizing the Site Offerings and that User represents that she/he has not relied on any representation and/or warranty other than those set forth in the Agreement; (c) the execution, delivery and performance of the Agreement by User will not conflict with or violate: (i) any order, judgment or decree applicable to User; or (ii) any agreement or other instrument applicable to User; and (d) her/his performance under this Agreement and the use of the Site Offerings will not violate any applicable laws, rules or regulations.
9. Indemnification. Each User agrees to indemnify, defend and hold Resource Finder USA™, its members, officers, directors, employees, agents, affiliates and attorneys, harmless from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and/or expenses (including reasonable attorneys’ fees, court costs and/or settlement costs) arising from and/or related to: (a) any dispute between that User and any other User, Third-Party Service Provider or third-party; (b) that User’s breach of the Agreement and/or any representation or warranty contained herein; and/or (c) that User’s unauthorized and/or improper use of the Site Offerings. The provisions of this Section 9 are for the benefit of Resource Finder USA™, its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, 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.
10. License Grant. Each User is granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site Offerings. Resource Finder USA™ may terminate this license at any time for any reason. Unless otherwise expressly authorized by Resource Finder USA™, Users may only use the Site Offerings for their own personal, non-commercial use. No part of the Site Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. No User or other third-party may use any automated means or form of scraping or data extraction to access, query or otherwise collect material from the Site Offerings except as expressly permitted by Resource Finder USA™. No User or other third-party may use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site Offerings, or any portion thereof. No User or other third-party may create any “derivative works” by altering any aspect of the Site Offerings. No User or other third-party may use the Site Offerings in conjunction with any other third-party content. No User or other third-party may exploit any aspect of the Site Offerings for any commercial purposes not expressly permitted by Resource Finder USA™. Each User further agrees to indemnify and hold Resource Finder USA™ harmless for that User’s failure to comply with this Section 10. Resource Finder USA™ reserves any rights not explicitly granted in the Agreement.
11. Proprietary Rights. The Site Offerings, as well as the organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to same, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by any User or other third-party of any part of the Site Offerings is strictly prohibited. No User or other third-party acquires ownership rights in or to any content, document, software, services or other materials viewed by or through the Site Offerings. The posting of information or material by and through the Site Offerings does not constitute a waiver of any right in or to such information and/or materials. The “Resource Finder USA™” name and logo, and all associated graphics, icons and service names, are trademarks of Stacked Media LLC (“Resource Finder USA™,” “we,” “our” or “us”). All other trademarks appearing by and through the Site Offerings are the property of their respective owners. The use of any trademark without the applicable trademark owner’s express written consent is strictly prohibited.
12. Legal Warning. Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site Offerings is a violation of criminal and civil law and Resource Finder USA™ will diligently pursue any and all remedies against any offending individual or entity to the fullest extent permissible by law and in equity.
13. Disclaimer of Warranties. THE SITE OFFERINGS, ANY HIGHER EDUCATION OFFERINGS THAT THE USER MAY RECEIVE FROM ONE OF THE THIRD-PARTY SERVICE-PROVIDERS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT THE USER MAY ACCESS BY AND/OR THROUGH THE SITE OFFERINGS ARE PROVIDED TO USERS 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, RESOURCE FINDER USA™ MAKES NO WARRANTY THAT THE SITE OFFERINGS, ANY HIGHER EDUCATION OFFERINGS THAT THE USER MAY RECEIVE FROM ONE OF THE THIRD-PARTY SERVICE-PROVIDERS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT THE USER MAY ACCESS BY AND/OR THROUGH THE SITE OFFERINGS: (A) WILL MEET ANY USER’S REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; (D) WILL ENABLE ANY USER TO QUALIFY FOR AND/OR RECEIVE HIGHER EDUCATION OFFERINGS FROM ANY OF THE THIRD-PARTY SERVICE-PROVIDERS; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. RESOURCE FINDER USA™ WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM RESOURCE FINDER USA™ OR OTHERWISE THROUGH OR FROM THE SITE OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
14. Limitation of Liability. EACH USER EXPRESSLY UNDERSTANDS AND AGREES THAT RESOURCE FINDER USA™ SHALL NOT BE LIABLE TO THAT USER 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 RESOURCE FINDER USA™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR INABILITY TO USE THE SITE OFFERINGS, ANY HIGHER EDUCATION OFFERINGS THAT THE USER MAY RECEIVE FROM ONE OF THE THIRD-PARTY SERVICE-PROVIDERS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT THE USER MAY ACCESS BY AND/OR THROUGH THE SITE OFFERINGS; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS OR SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE SITE OFFERINGS; (C) ANY DISPUTE BETWEEN ANY USERS, ENTITIES, THIRD-PARTY SERVICE-PROVIDERS AND/OR OTHER THIRD PARTIES; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY REGISTRATION DATA; (E) THE FAILURE TO REALIZE ANY HIGHER EDUCATION-RELATED, PROFESSIONAL, CAREER-RELATED AND/OR ECONOMIC BENEFIT; AND/OR (F) ANY OTHER MATTER RELATING TO THE SITE OFFERINGS, ANY HIGHER EDUCATION OFFERINGS THAT THE USER MAY RECEIVE FROM ONE OF THE THIRD-PARTY SERVICE-PROVIDERS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES THAT THE USER MAY ACCESS BY AND/OR THROUGH THE SITE 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, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. EACH USER HEREBY RELEASES RESOURCE FINDER USA™ FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF RESOURCE FINDER USA™ TO ANY USER UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME, MAY BE BROUGHT BY ANY USER OR RESOURCE FINDER USA™ MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN EACH USER AND RESOURCE FINDER USA™. ACCESS TO THE SITE OFFERINGS WOULD NOT BE PROVIDED TO USERS WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF RESOURCE FINDER USA™ SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
15. Third-Party Websites. The Site Offerings contain links to other websites on the Internet that are owned and operated by third-parties including, without limitation, the Third-Party Service Provider websites and other websites made available in connection with the Third-Party Links. Resource Finder USA™ does not control the information, products or services made available on, by or through these third-party websites. The inclusion of any link does not imply endorsement by Resource Finder USA™ of the applicable website or any association with the website’s operators. Because Resource Finder USA™ has no control over such websites and/or resources, each User agrees that Resource Finder USA™ is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from or through any such websites or for the protection of any User’s data privacy by third-parties. Each User further agrees that Resource Finder USA™ shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on, by or through any such site.
16. Editing, Deleting and Modification. Resource Finder USA™ reserves the right in its sole discretion to edit and/or delete any documents, information or Content appearing on the Site.
18. Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in New York, NY 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 (and Covered Parties) hereby agree to arbitrate all claims that may arise under and/or relate to the Site Offerings and/or the Agreement. Without limiting the foregoing, should a dispute arise between the parties/any Covered Parties including, without limitation, any matter concerning the Site Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties/Covered Parties agree to submit their dispute for resolution by arbitration as set forth below; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found here. The Covered Party(ies) named in your Initial Dispute Notice (collectively, the “Named Parties”) may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If the applicable Named Party(ies) provide(s) you with a Final Settlement Offer and you do not accept it, or such Named Party(ies) cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before JAMS, in your county of residence, by filing a separate Demand for Arbitration, which is available 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 the applicable Final Settlement Offer, then the Named Party(ies) 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, the Named Party(ies) 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 the Named Party(ies) may have a right to an award of attorneys’ fees and expenses if Named Party(ies) prevail(s) in arbitration, the Named Party(ies) 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 any of the Covered Parties. 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 any Covered Party 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.
19. Miscellaneous. To the extent that anything in or associated with the Site Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Resource Finder USA™’s 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. 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. Resource Finder USA™ may assign its rights and obligations under the Agreement, in whole or in part, to any party at any time without notice to you. The Agreement may not, however, be assigned by you, and you may not delegate your duties under it. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
20. Contact Us. If you have any questions about the Agreement, Site Offerings or the practices of Resource Finder USA™, you may email us as at: [email protected]; call us at: 1-800-370-6440; or send us U.S. Mail to: Resource Finder USA, 3422 Old Capitol Trail, #1537, Wilmington, DE 19808.