Last updated: 06/22/2023
THE TERMS AND CONDITIONS SET FORTH BELOW (THE “TERMS”) GOVERN YOUR USE OF THIS SITE. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND CX DATA LABS. (“CX DATA LABS”, “WE” OR “US”) AND GOVERN YOUR ACCESS TO, AND USE OF, THE CXDATALABS.COMWEBSITE (THE "SITE"). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. CX DATA LABS MAY MAKE CHANGES TO THE CONTENT OFFERED ON THIS SITE AT ANY TIME. CX DATA LABS CAN CHANGE THESE TERMS AT ANY TIME. IF CX DATA LABS MAKES ANY CHANGES, CX DATA LABS WILL POST AN UPDATED TERMS OF USE ON THIS SITE AND MAY SEND REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS SITE. IF YOU DO NOT CEASE USING THIS SITE, YOU WILL BE DEEMED TO HAVE ACCEPTED THE CHANGE.
CX DATA LABS TECHNOLOGY AND CONSULTING SERVICES (“SERVICES”) ARE SEPARATELY MADE AVAILABLE PURSUANT AND SUBJECT TO A SEPARATE MASTER CUSTOMER AGREEMENT.
CX Data Labs provides various content through this Site. Certain information on and through this Site, including content, logos, graphics and images (together, the “Materials”) are made available to you by CX Data Labs and are the copyrighted and/or trademarked work of CX Data Labs or CX Data Labs’ licensors.
CX Data Labs grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials solely for your personal or internal business use. Except for the license set forth in the preceding sentence above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Except as stated herein, you acknowledge that you have no right, title or interest in or to this Site, or any Materials.
Your use of this Site is governed by our Privacy Policy, which is available at https://www.cxdatalabs.com/privacy_policy.php the “Privacy Policy”).
This Site may have links to other sites that are not CX Data Lab sites. CX Data Labs is providing these links to you only as a convenience, and CX Data Labs is not responsible for such linked sites, including, without limitation, the content or links displayed on such sites.
Unauthorized use of any Materials contained on this Site may violate certain laws and regulations. You agree to indemnify and hold CX Data Labs and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) CX Data Labs or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.
CX Data Labs is a trademark of CX Data Labs. Other trademarks, names and logos, if any, on this Site are the property of their respective owners.
Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of CX Data Labs LLC. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
Your use of this Site is at your own risk. The Materials have not been verified or authenticated in whole or in part by CX Data Labs, and they may include inaccuracies or typographical or other errors. CX Data Labs does not warrant the accuracy or timeliness of the Materials contained on this Site. CX Data Labs has no liability for any errors or omissions in the Materials, whether provided by CX Data Labs or our licensors.
CX DATA LABS, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE OR ANY MATERIALS, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE AND/OR THE RESULTS OBTAINED FROM THE USE OF THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES OR MATERIALS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. CX DATA LABS DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
CX DATA LABS SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIAL TO OR FROM THIS SITE. IN NO EVENT SHALL CX DATA LABS BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF CX DATA LABS KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE OR FOR DAMAGES IN THE AGGREGATE EXCEEDING THE AMOUNT OF ONE HUNDRED DOLLARS.
CX Data Labs controls and operates this Site from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.
If you violate these Terms, CX Data Labs may terminate and/or suspend your access to this Site without notice. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
CX Data Labs may change these Terms from time to time by providing thirty (30) days prior notice either by posting a notice at the Site. You can review the most current version of these Terms at any time at this Site. The revised Terms will become effective thirty (30) days after CX Data Labs posts or sends you notice of such changes, and if you use the Site after that date, your use will constitute acceptance of the revised Terms. If any change to these Terms are not acceptable to you, your only remedy is to stop using the Site. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. You may not assign, transfer or sublicense without the prior written consent of CX Data Labs, but CX Data Labs may assign or transfer these Terms, in whole or in part, without restriction. Any attempted assignment or transfer of these Terms by the parties in contravention of the foregoing shall be null and void. These Terms are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all amendments must be in writing signed by both parties, except as otherwise provided herein. CX Data Labs failure to exercise or enforce any right or provision of these Terms shall not be a waiver of that right. No agency, partnership, joint venture, or employment is created as a result of these Terms and neither party has any authority of any kind to bind the other party in any respect whatsoever. In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover costs and attorneys' fees. Except as stated above, all notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.
Any delays in or failure of performance of CX Data Labs shall not constitute a default hereunder or give rise to any claims for damages if, to the extent that, and for such period that, such delays or failures of performance are caused by any events beyond the reasonable control of CX Data Labs including, without limitation, any of the following specific occurrences: acts of God or the public enemy, acts of terrorism, pandemics, epidemics, labor strikes, expropriation or confiscation of facilities, compliance with any unanticipated duly promulgated governmental order, acts of war, rebellion or sabotage or damage resulting therefrom, fires, floods, explosion, or riots.
Law. These Terms shall be governed by the laws of the State of Texas without regard to its conflict of laws provisions and the parties agree to the exclusive jurisdiction of the state and federal courts in Collin County.
Binding Contract. You acknowledge that these Terms are a contract between you and CX Data Labs, even though it is electronic and is not physically signed by you and CX Data Labs, and it governs your use of the Site.
Arbitration. Certain portions of this Section are deemed to be a "written agreement to arbitrate" pursuant to the Federal Arbitration Act ("FAA"). You and CX Data Labs expressly agree and intend that this Section satisfies the "writing" requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement. For purposes of this Section, "Claims" means collectively, and without limitation, any and all claims, injuries, demands, liabilities, disputes, causes of action (including statutory, contract, negligence, or other tort theories), proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including attorneys' fees, whether incurred pre-litigation, pre-trial, at trial, on appeal, or otherwise), damages of any kind whatsoever (including consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, non-asserted, fixed, conditional, or contingent) that arise from or relate to (i) the Site, including any and all contents and materials related thereto, and/or (ii) your use of the Site.
Informal Dispute Resolution. If any Claim arises out of or relates to the Site or these Terms, other than as may be provided herein, then you and CX Data Labs agree to send notice to the other providing a reasonable description of the Claim, along with a proposed resolution of it. CX Data Labs’ notice to you will be sent based on the most recent contact information that you provided CX Data Labs. If no such information exists or if such information is not current, CX Data Labs has no obligation under this Section. For a period of sixty (60) days from the date of receipt of notice from the other party, you and CX Data Labs will engage in a dialog to attempt to resolve the Claim, though nothing will require either you or CX Data Labs to resolve the Claim on terms with respect to which you and CX Data Labs, in each of the parties' sole discretion, is not comfortable.
Applicable Law. If you and CX Data Labs cannot resolve a Claim, within sixty (60) days of the receipt of the notice, then you agree that any such Claim and all other disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration relating to your use of the Site, will be resolved by binding arbitration, rather than in court. The FAA, not state law, shall govern the arbitrability of such disputes, including the class action waiver below. However, you and CX Data Labs agree that Texas state law or United States federal law shall apply to, and govern, as appropriate, any and all Claims or disputes arising between you and CX Data Labs regarding these Terms and the Site, whether arising or stated in contract, statute, common law, or any other legal theory, without regard to choice of law principles. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator must follow the terms of these Terms as a court would. THIS SECTION, INCLUDING THE PROVISIONS ON BINDING ARBITRATION AND CLASS ACTION WAIVER, SHALL SURVIVE ANY TERMINATION OF YOUR ACCOUNT OR THE SERVICE.
Arbitration Request. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to CX Data Labs at 825 Watter’s Creek Boulevard, Building M, Suite 250, #4343, Allen, TX 75013. The arbitration will be conducted by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. Payment of all filing, administration and arbitrator fees will be governed by JAMS's rules. The arbitration shall take place in Dallas, Texas or at such other venue (and pursuant to such procedures) as is mutually agreed upon. You can obtain JAMS procedures, rules, and fee information as follows: JAMS: 800.352.5267 and https://www.jamsadr.com.
Fees. You and CX Data Labs will pay the administrative and arbitrator's fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require CX Data Labs to pay a greater portion or all of such fees and costs in order for this Section to be enforceable, then CX Data Labs will have the right to elect to pay the fees and costs and proceed to arbitration. Arbitration rules may permit CX Data Labs to recover attorneys' fees. CX Data Labs will not seek to recover attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
Class Action Waiver. YOU AND CX DATA LABS EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.
Exceptions. Notwithstanding the agreement to resolve all disputes through arbitration, you or CX Data Labs may bring suit in court to enjoin infringement or other misuse of intellectual property rights (including patents, copyrights, trademarks, trade secrets, and moral rights, but not including privacy rights). You or CX Data Labs may also seek relief in small claims court for Claims within the scope of that court's jurisdiction. In the event that the arbitration provisions above are found not to apply to you or to a particular Claim, either as a result of your decision to opt-out of the arbitration provisions or as a result of a decision by the arbitrator or a court order, you agree that the venue for any such Claim or dispute is exclusively that of a state or federal court located in Collin County, Texas. You and CX Data Labs agree to submit to the personal jurisdiction of the courts located within Collin County, Texas for the purpose of litigating all such Claims or any other disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms or your use of the Site in the event that the arbitration provisions are found not to apply. In such a case, should CX Data Labs prevail in litigation against you to enforce its rights under these Terms, CX Data Labs shall be entitled to its costs, expenses, and reasonable attorneys' fees (whether incurred at or in preparation for trial, appeal or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which CX Data Labs may be entitled.
Restrictions. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR CX DATA LABS WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR CX DATA LABS MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH HEREIN) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES OR IT WILL BE FOREVER BARRED. "Commencing" means, as applicable: (i) by delivery of written notice as set forth herein; (ii) filing for arbitration with JAMS as set forth herein; or (iii) filing an action in state or federal court. This provision will not apply to any legal action taken by CX Data Labs to seek an injunction or other equitable relief in connection with any losses (or potential losses) relating to the Site, intellectual property rights of CX Data Labs, and/or CX Data Labs' provision of the Site.
Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to: legal@cxdatalabs.com with the subject line "COMPANY ARBITRATION AND CLASS ACTION WAIVER OPT-OUT". The notice must be sent within thirty (30) days of your first use of the Site, otherwise you shall be bound to arbitrate any disputes in accordance with these Terms providing for binding arbitration. If you opt-out of these arbitration provisions, CX Data Labs also will not be bound by them.