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Terms and Conditions of CustomerOptix and IntelliShop, LLC
Welcome and thank you for visiting CustomerOptix (“Site”) or our mobile application (“App”) and our Terms and Conditions (“Terms”). These terms apply to all transactions with CustomerOptix through this Site.
Please review the terms carefully. If you do not agree to the terms in their entirety, you are not authorized to use the CustomerOptix offerings in any manner or form. By placing an order, visiting the site, or using the app, you accept these terms and conditions.
IntelliShop, LLC owns CustomerOptix (“CustomerOptix,” “We,” “Our,” “Us” or “Company”) and operates this Site and CustomerOptix. You agree to be bound by the following Terms, in their entirety, when you: (1) Use, access, or visit the Site; (2) Use or access the App; (3) Purchase or receive any good or service offered through the Site and/or App, including, but not limited to, CustomerOptix’s Subscription Service (“Products” or “Services”); (4) Listen to, access, or view any of the text, audio, video, graphics, or other content featured on the Site or App (“Content”); (5) access links to or view CustomerOptix social media pages or accounts on third party social media websites, including, but not limited to, Facebook, Instagram, Pinterest, Twitter, Snapchat, and LinkedIn (“Social Media”); or (6) Purchase, redeem, or sign up to receive or send CustomerOptix gift cards or gift certificates (including, for the purposes of these Terms, electronic versions of both) (“Gift Cards”) or Trial Offers, Sweepstakes, Contests, or Promotions(“Vouchers”)
Please note that the Site, App, Products, Content, Social Media, etc. for the purposes of these Terms, are considered to be the “Offerings”. By using and/or accessing the Offerings, you agree to comply with and be bound by the Terms in their entirety.
Furthermore, the Terms are inclusive of CustomerOptix’s Privacy Policy (“Privacy Policy”), and all other applicable CustomerOptix operating rules, policies, and other supplemental terms and conditions or documents that may be published on the Site and/or in the App, or which you may be otherwise notified of in writing, all of which are expressly incorporated in the Terms by reference.
You should print a copy of these terms and conditions for future reference.
Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Services or Products from our Site.
IntelliShop, LLC is a limited liability company in the State of Ohio with general corporate offices at:
2025 Michael Owens Way
Perrysburg, OH 43551
CustomerOptix is one of the products offered by Intellishop
The Site, the App, and Offerings, are intended for use by individuals in the United States of America and Canada (“Serviced Countries”). At this time, we do not accept orders from individuals outside the Serviced Countries. As such, by placing an Order through our Site or App, you warrant that you: (1) Are legally capable of entering into these Terms; (2) Are at least 18 years old; (3) Are a resident of a Serviced Country; and (4) Are accessing the Site or App from a Serviced Country.
In our sole discretion, IntelliShop and/or CustomerOptix shall have the right to change, amend, add to, remove, or supplement the Terms (including the Privacy Policy), without notice to you; provided, however, that: (1) changes to the procedures applicable to the resolution of disputes shall only apply to disputes which arise after the modified or additional provision is published on the Site or App; and (2) changes to the prices or the manner in which CustomerOptix shall bill customers shall only apply to products delivered after the modified or additional provision(s) is/are published on the Site or App.
The latest Terms will be posted on the Site and the App, and you should review the Terms prior to using any Products offered by CustomerOptix and from time to time thereafter. By your continued use of CustomerOptix, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Terms in effect at the time you access any Offerings offered by CustomerOptix (other than for changes to the price/billing or dispute resolution pursuant to the preceding paragraph). All other amendments or modifications to the Terms shall be effective immediately upon publication on the Site and App.
In order to utilize specific features on the Site and App, you will need to create an account with CustomerOptix. Should you create an account with CustomerOptix, you agree to: (1)provide the accurate and up-to- date information, as well as updating the information as necessary; (2) maintain the security of your password and accept the risks associated with access to your account which is not authorized by you; and (3) notify us as soon as possible either at help@customeroptix.com or 419-872-5103 if you believe there have been any breaches to the security of the Site, the App, or your account information.
CustomerOptix offers one-time, short-term, and Subscription Services. Details about the Subscription Service are listed below
CustomerOptix’s Subscription Service. Our Subscription Service is an automatic, recurring subscription to CustomerOptix Products (“Subscription Service” or “Service”). As part of the Service, we offer a number of subscription options that you may choose from (“Plan”). You can find specific details regarding your Plan and the CustomerOptix Service by accessing your account details via the Site or the App.
Auto-Renewal Feature. The subscription service consists of the cost per-shop or survey as stated on the site and app, plus any applicable purchase reimbursement for the type of shop(s) you have ordered, for the number of shops you have ordered and the duration you specify at that time. By entering into this agreement, you acknowledge that your subscription has a recurring payment feature and you accept responsibility for all recurring charges prior to deactivation. CustomerOptix may submit periodic charges (e.G., monthly) without further authorization from you, until you provide advance notice that you wish to terminate this authorization or wish to change your payment method. Such notice will not affect charges submitted before CustomerOptix reasonably could act. In order to terminate your authorization or change your payment method, log on to your CustomerOptix account, email help@customeroptix.com, or call 419-872-5103. Additionally, by signing up for our subscription service you are agreeing to recurring periodic payments for an indefinite time until deactivated by you or us, on the subscription terms set out in the order form you have completed, subject to variation in accordance with this section. You can deactivate your subscription at any time, provided that you do so within the applicable deactivation notice period. You will not be charged for any deactivation. You can re-subscribe at any time following your deactivation, but we reserve the right not to permit re-subscription where we have previously elected to terminate a subscription by you. Furthermore, following your initial subscription period, your subscription will be automatically extended for successive renewal periods of the same length, at the then-current, non-promotional subscription rate. You can log on to your account to deactivate your subscription or email help@customeroptix.com and we will do it for you. Full details for deactivation procedures are in these terms. If you deactivate, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. You will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
Price Adjustments. We reserve the right to adjust prices in our sole discretion, at any time and without notice to you; provided, however, that we will provide you with at least five (5) business days’ advance notice of any price changes with your specific Plan rate. Your acceptance of deliveries of the Products after such notice has been delivered to you will constitute your acceptance of such price changes, unless you cancel your subscription to the Service in accordance with these Terms. All prices shown on the Site and/or in the App are in U.S. Dollars. Any applicable taxes and other fees or charges are not included and are additional to any prices shown on the Site and/or in the App. Prices, taxes or other fees may vary geographically. The delivery of Services after delivery of such notice will confirm your acceptance of such changes, unless you cancel your subscription in accordance with the Term’s Deactivation policies
Plan Add-Ons. Different features and other customized options may become available in addition to your Plan, including, but not limited to, premium options, new product add-ons, and others. These may change the price of your Plan on a recurring basis. Should you have any questions about any of the options available under your Plan, please email help@customeroptix.com, or call 419-872-5103 .
By entering your credit card information, you represent and warrant to us that you are the authorized user on the credit card account and that all information entered is correct.
You authorize IntelliShop and/or CustomerOptix to charge your chosen payment provider for any services or products purchased or contracted for by you. For each transaction you authorize, you understand that your credit card company or network may assess their customary transaction or handling charge. If a charge is declined or reversed by the credit card company or network, you agree to pay IntelliShop or CustomerOptix the amount due, a service charge of ten percent (10%) and to reimburse us for all costs of collection.
You agree that if IntelliShop or CustomerOptix has your credit card on file as a result of a prior order or transaction, we may charge that card for any additional work or services ordered by you as well as interest, any fees, costs of collection, and any other amounts that you agreed to pay.
You agree that there are no refunds for work performed, and therefore, you agree not to challenge any payment from your credit card company or network.
If CustomerOptix is required by law to collect any sales tax or other similar tax from Client with respect to an amount paid by Client for services, then (i) CustomerOptix shall bill such tax to Client as a separately stated item, identified as tax, (ii) Client shall pay such billed amount of tax to CustomerOptix, and (iii) CustomerOptix shall remit such billed amount of tax to the appropriate tax authorities as required by law; provided, that CustomerOptix shall not bill to or collect from Client any tax for which Client has provided CustomerOptix with an exemption certificate, direct pay number, or other reasonable basis for relieving CustomerOptix of its responsibility to collect such tax from Client. This clause does not apply to any state-mandated Workers’ Compensation or Unemployment Benefit taxes. This clause shall also survive the termination date of this agreement indefinitely, in case any taxing authorities make such tax(es) retroactively payable.
Relative to any project you commission that provides for recording via telephone and/or video equipment, you represent, acknowledge, and agree that all people who are being recorded, including but not limited to employees, agents, or representatives, including leased, temporary, contract, or others designated as employees, have given their permission, whereby they have consented to have their telephone calls, or in-person customer interactions, or both, recorded by audio or visual means, or both, and therefore, that all of the aforementioned do not have any reasonable expectation of privacy in their interactions with customers, potential customers and other incoming callers. You specifically release IntelliShop and/or CustomerOptix, and its agents or representatives, from any and all claims arising from the recording of any interactions. You agree that you shall hold IntelliShop and/or CustomerOptix harmless and indemnify it (including reimbursement for attorney fees, costs, and expenses) from and against any and all claims made against IntelliShop or CustomerOptix arising from any purchased services and telephone interactions.
At the time you place your order, you will enter a Start Date, and, for short-term or one-time orders, and End Date. The Start Date is your desired start date, which cannot be sooner than 3 business days after the date on which you place it, including federally-recognized holidays. This is only a desired Start Date, and IntelliShop makes no guarantees that any Services or Products will actually start on that exact date; we simply will not begin before that date. For example, if you place an order on a Thursday the 25th, the Start Date cannot be sooner than that next Tuesday, the 30th. Factors such as geographical locations, weather, etc. may cause the desired Start Date to extend beyond this, at IntelliShop’s sole discretion.
The End Date is the last date of a period in which you want any Services or Products completed. For example if you placed an order for once-per-month shops for three (3) months, starting in January, you would enter an End Date of March 31. IntelliShop will make its best efforts to complete all Services and Products by March 31, but due to the nature of the mystery shopping industry this date may need to be extended at IntelliShop’s sole discretion. You will be notified in such cases.
Deactivation Procedures. Please note that one-time and short-term orders are locked at the time you place an order, those orders will be fulfilled and there are no refunds. For our Subscription Service, if you wish to deactivate your account, you must do so. Furthermore, to deactivate your account, please email help@customeroptix.com stating that you wish to terminate your account, along with your full name and registered email address.
We will not be liable or responsible for any failure to perform, or delay the performance of, any of our obligations that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes, but is not limited, to the following: (1) Being given incorrect location addresses (including onsite/physical locations, phone numbers and/or website URL’s) by you when you placed your order; (2) locations being closed or otherwise unable to operate for any reason when our mystery shopper attempts to conduct their evaluation; (3) Strikes, lock-outs, or other industrial action; (4) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war, or threat or preparation for war; (5) Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster; (6) Impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport; (7) Impossibility of the use of public or private telecommunications networks; and (8) The acts, decrees, legislation, regulations, or restrictions of any government.
Our performance under these Terms is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable efforts to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms may be performed despite the Force Majeure Event.
IntelliShop, LLC and CustomerOptix hereby disclaim and exclude any and all warranties regarding its service, express or implied, including but not limited to any warranty of merchantability, fitness for a particular purpose or any other such warranties.
In the unlikely event that you are unhappy with our work, you can reach out to us at help@customeroptix.com or call Customer Care at 419-872-5103. Please do so within two (2) days of the date you received the unsatisfactory work. We will research the situation and determine, in our sole discretion, whether to offer a re-shop/re-survey, or to issue a refund for that situation.
IntelliShop, LLC is the owner and operator of the Site and the App. Additionally, IntelliShop, LLC is the owner of, or duly licensed to utilize, all content, features, and functionality (including, but not limited to, all information, text, graphics, software, video, and audio, and the design, selection, and arrangement thereof) published on the Site, the App, or any CustomerOptix Offerings, all of which is protected by the United States and international copyright, trademark, trade secret, and other intellectual property or proprietary rights laws.
Users are only permitted to use these materials in order to utilize CustomerOptix’s Offerings for personal, non-commercial use. Any other use of CustomerOptix’s materials, including modification, distribution, or reproduction for purposes other than the personal usage of CustomerOptix’s Offerings, without written approval from CustomerOptix (which can be provided through email) is prohibited.
Trademarks. “IntelliShop”, "CustomerOptix," all other IntelliShop and/or CustomerOptix marks and logos, and all titles, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress of IntelliShop, LLC or otherwise proprietary to IntelliShop, LLC, and may not be used by you for any reason other than as expressly permitted by the Terms. All other trademarks, service marks, product names, and company names, logos, designs, or slogans appearing by and through the CustomerOptix Offerings are the property of their respective owners and you do not acquire any ownership rights in or to such marks, logos, or names by using and/or accessing the CustomerOptix Offerings.
Copyright Policy. CustomerOptix reserves the right to terminate any end-user’s access to the CustomerOptix Offerings where that end-user infringes upon third-party copyrights. Please notify us at help@customeroptix.com if you believe any infringement has occurred.
Client shall own and retain all right, title and interest in and to all data supplied by it.
IntelliShop and/or CustomerOptix shall own and retain all right, title and interest in and to all materials, documents and information prepared or developed by IntelliShop and/or CustomerOptix in the course of performing the Services, including, without limitation, documentation, drawings, designs, questionnaires, reports, training materials and processes, models, inventions, computer code, instructions and programs (and modifications of existing such materials), (collectively, “Work Product”), together with all copyrights and other intellectual property rights therein. IntelliShop hereby grants to Client a non-exclusive, royalty free perpetual, worldwide, irrevocable, fully paid-up license to use, execute, reproduce, display, perform, modify, merge and distribute (directly or indirectly) such IntelliShop Work Product for Client’s internal business purposes. The term of this license shall extend during the time that IntelliShop and Client have an on-going, active business relationship, and shall terminate immediately upon the termination of this Agreement.
Notwithstanding anything to the contrary, the parties agree that all data developed under this Agreement shall remain the property of Client. Furthermore, IntelliShop agrees that upon the termination of the Agreement, if requested, it shall provide Client with a copy of the data in an electronic Excel ® file as well as an electronic copy of any material collected by shoppers. IntelliShop shall have the rights, assuming that it does not disclose the identity of the Client, and so long as it does not identify the specific results of any survey, to utilize the data in compilation form with the results of other surveys to develop reports which identify general trends and results from its mystery shopping work.
You may use CustomerOptix Offerings only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Offerings:
Additionally, you agree not to:
You agree that you will not violate any statute, regulation, intellectual property (including, but not limited to, copyright and trademarks), contractual obligations, other third party rights, or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Site or App. You agree that you will abide by these Terms and will not: (1) attempt to access or use another user’s account unless permitted to do so, in writing, from both the user and CustomerOptix; (2) engage in any behavior which is deemed to be harassment, threatening, stalking or predation of any other person; (3) make any claim, statement, or assertion, or imply, that your claim, statement, or assertion is endorsed by CustomerOptix without CustomerOptix’s express written consent; (4) engage in the commercial solicitation of other end-users; (5) collect or record end-users’ personal information without their prior written consent; (6) develop or use any third party applications that interact with any of CustomerOptix’s Content, the Site, or the App without our prior written consent; (7) use the Site or App in any way that prevents or inhibits other end-users from fully utilizing the Site or App, or in a way that could overburden or interfere with the functioning of the Site or App in any manner;(8) use any manual or automatic process, means, or interface (including, but not limited to robot, spider, script or, browser extension), which CustomerOptix has not authorized to access the Site or the App, to retrieve or index data; (9) decipher or reverse engineer any portion of the Site or the App that may reveal source code or bypass items designed to obstruct, limit, or stop access to any Content, specific site within the Site, or code within the Site; (10) access or attempt to access any portion or feature of the Site or App which you are not authorized to access, pursuant to these Terms or any subsequent agreements; or (11) use the Site or the App for any illegal purpose.
Pursuant to the specifications located in these Terms, the Site, App, or any social media platforms on which CustomerOptix has an official page or feed, may include, now or in the future, areas (“Interactive Areas”) that allow users to post content, including but not limited to, recipes, reviews, photos, videos, music, sound, text, graphics, code, or other materials (“User Content”). Any User Content you post must, in its entirety, comply with all applicable federal, state, local and international laws and regulations, and these Terms (including, but not limited to, the Prohibited Uses and User Content Standards set out in Sections 17 and 18.1 of these Terms, respectively).
You understand and acknowledge that you are responsible for any User Content you submit or contribute and your use of any Interactive Areas of the Site and/or App, and you, not CustomerOptix, have full responsibility for such content and use, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Site. You understand and acknowledge that User Content that you share with a third party through the Site or third party platforms will be viewable by others in accordance with the privacy settings you establish.
User Content Standards. Any User Content you post to the Site will be considered non-confidential and non-proprietary. By providing any User Content on the Website, you represent and warrant that:
By using the Interactive Areas of the Site and App, you further agree not to create, post, share or store any of the following: (1) Any content that would encourage, either express or implied, conduct that could be deemed a violation of a statute or regulation; (2) Any content that is determined, by CustomerOptix in its sole determination, to be indecent, obscene, abusive, threatening, pornographic, or harassing; (3) Any content that violates the proprietary rights of a third party; (4) Any content that contains confidential information; (5) Any content that impersonates, or misrepresents your affiliation with, any person or entity without their express permission; (6) Any content that contains any viruses or other computer code, files, or programs designed to harm, inhibit the operative ability of, or destroy part/all of the Site and App; (7) Any content that contains solicitations, including, but not limited to, any advertisements, promotional materials (other than those directly related to CustomerOptix), and political campaign requests; (8) Any content that, in our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying the Site, Products, or Offerings, or that may expose CustomerOptix or others to any harm or liability of any type.
Although we are not required to regulate User Content, we reserve the right, in our sole discretion, to monitor, edit or remove User Content posted or stored on the Site or the App for any reason. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense.
Rights in User Content. We do not claim any ownership interest in your User Content. However, by uploading, posting or submitting User Content to the Site, the App, to our pages or feeds on third party social media platforms (e.g., CustomerOptix’s Facebook page, Instagram page, or Twitter feed), you hereby: (1) grant CustomerOptix and its affiliates and subsidiaries a nonexclusive, royalty-free, transferable, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content, in whole or in part, and your name, likeness, voice and persona in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes; (2) represent and warrant that (a) you own and control all of the rights to the User Content or you otherwise have the lawful right to post such User Content, (b) the User Content is non-confidential and you authorize CustomerOptix to use such User Content for the purposes described in these Terms, (c) the User Content is accurate and not misleading or harmful in any manner, and (d) the User Content, and your use and posting thereof, does not and will not violate these Terms or any applicable law, rule, regulation or third party right.
You agree to defend, indemnify and hold harmless IntelliShop, LLC, CustomerOptix, our affiliates, service providers, and licensors and their respective directors, officers, agents, contractors, partners, licensors, representatives, suppliers and employees, from and against any loss, liability, threatened or actual claim, demand, damages, costs and expenses, (including reasonable legal fees) arising out of or in connection with your use of the Site, the App, the Products or any Offerings, or any information obtained therefor other than as expressly authorized in these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by us. You agree to promptly notify CustomerOptix of any third-party claims, cooperate with CustomerOptix in defending such claims, and pay all fees, costs and expenses associated with defending such claims (including, but not limited to, attorneys’ fees and expenses, court costs, costs of settlement and costs of pursuing indemnification and insurance). This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and CustomerOptix.
Client understands and agrees that information supplied by IntelliShop LLC and CustomerOptix is provided with the intent of informing them about certain aspects of their business in the context of market research work. Any action(s) Client takes with or against its employees, franchisees, licensees, vendors, competitors or other parties as a result of information supplied by IntelliShop is done at its own discretion. Unless it is demonstrated that IntelliShop provided false information, and Client used the information in a manner that resulted in the assertion of litigation, Client agrees to indemnify and hold IntelliShop harmless from any action taken by Client’s employees, franchisees, licensees, vendors, competitors, or other parties pursuant to information and/or services provided by IntelliShop.
We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Site (or any features or functionality of the Site) and the Products at any time without notice and without obligation or liability to you.
To the fullest extent permitted by applicable law, intellishop, llc, CustomerOptix, its affiliates (including, but not limited to, their licensors, service providers, directors, officers, agents, partners, representatives and employees) shall not be liable to you or any third party for any damages, including, but not limited to, direct, indirect, special, incidental, consequential, or exemplary/punitive damages. This limitation shall include, but is not limited to, damages related to personal injury; pain and suffering; emotional distress; business interruption; loss of profits, revenue, business or anticipated savings, use, goodwill, data; and whether caused by tort (including negligence) breach of contract, or otherwise, even if forseeable.
Additionally, in no event shall intellishop, llc, and/or CustomerOptix be liable for disputes arising out of or in any way related to the access to or use of, or inability to access or use, the site, app or content (including, but not limited to, user content, third party content, content of linked third party sites), or the ordering, receipt, or use of any product, or otherwise related to these terms (including, but not limited to,any damages caused by or resulting from reliance on any information obtained from CustomerOptix, or from events beyond CustomerOptix’s reasonable control, such as site interruptions, deletions of files or emails, errors or omissions, defects,bugs, viruses, trojan horses, delays in operation or transmission or any failure of performance). To the fullest extent permitted by applicable law, you, on behalf of your heirs, executors, administrators, legal and personal representatives, hereby release, waive, acquit and forever discharge the CustomerOptix parties from and against, and covenant not to sue any such CustomerOptix party for, all claims you have or may have arising out of or in any way related to these terms. If you are a california resident, you hereby waive your rights under california civil code 1542, which states “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
The total liability of IntelliShop, LLC or CustomerOptix in connection with any services shall be limited to the maximum value of fees due for any project, minus purchase reimbursements, unless such liability results from (1) a breach of the “compliance with laws” or “confidentiality” sections hereof; (2) gross negligence or willful misconduct; or the failure to pay for services rendered. IntelliShop and/or CustomerOptix, however, shall never be liable for incidental, special, or consequential damages, including but not limited to lost profits or other form of loss business revenue.
The limitations set forth in this section 21 shall not affect liability that cannot be excluded or limited under the applicable law/jurisdiction, such as liability for personal injury or property damage directly and proximately caused by our acts or omissions, or for our gross negligence, or willful misconduct.
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Site or App (or any features or parts thereof) or the rates, delivery, or provision of the Products at any time.
Preliminary Resolution Attempts. You agree to notify CustomerOptix within forty-five (45) days of the occurrence or alleged occurrence of any dispute. Notification can occur by contacting CustomerOptix at help@customeroptix.com or by mailing us at 2025 Michael Owens Way, Perrysburg, OH 43551. If notification is not made within this time frame, the claim or complaint is barred and released and may not be pursued. Upon receipt of the notification, both parties shall attempt to resolve the issue within thirty (30) days.
Waiver of class actions. To the fullest extent permitted by law, you agree to sue on an individual basis, and to give up any rights to bring, join, or participate in any class action or representative action with respect to any claim, dispute or controversy that you may have against CustomerOptix. In any such dispute, neither parties are entitled to join or consolidate claims by or against other customers in court or otherwise participate in any claim as a class representative, class member, or in a private attorney general capacity. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit, and to pay the attorney’s fees and court costs that CustomerOptix 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 (B) is an independent agreement.
Waiver of Jury. You hereby waive all right to a jury trial in any lawsuit.
All matters relating to these Terms, your access to and use of the Site/App, and your order, receipt, and use of the Products, and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to conflict of law rules or provisions (whether of the State of Ohio or any other jurisdiction). Any dispute arising out of, or related to, these Terms or any work performed by IntelliShop and/or CustomerOptix, shall be resolved exclusively in the state or federal courts of the State of Ohio and the United States, respectively, sitting in the State of Ohio, Wood County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts and hereby consent to these courts exercising personal jurisdiction over you.
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate or suspend your right to access or use the Site and to order, receive and use the Products, at any time and for any or no reason, including, without limitation, any violation of these Terms. You acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, for which you have received a corresponding delivery, to the fullest extent permitted by applicable law.
If any of these Terms and Conditions or any provisions of a Contract are determined by any competent jurisdiction to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions, and provisions which will continue to be valid to the fullest extent permitted by law.
No waiver by CustomerOptix of any provision in these Terms and Conditions shall be deemed a further or continuing waiver of such provision or a waiver of any other provision, and any failure to assert a right or provision under these Terms does not constitute a waiver of such right or provision.
These Terms and any document expressly referred to in them constitute the whole agreement between you and CustomerOptix, and supersede all previous discussions, correspondence, negotiations, arrangements, understandings, or agreements between us relating to the subject matter of any Contract. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of CustomerOptix. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.
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