Term of Service
The website is jointly operated by DXRACER Home Furnishing Sales (Wuxi) Co., Ltd. registered at Xinghuo Road, Qianzhou Supporting Area, Huishan Economic Development Zone, Wuxi and BLUE STAR TRADING LIMITED registered at RM C，6/F，WORLD TRUST TOWER 50 STANLEY STREET CENTRAL HK.
The following terms need to comply with the Law of HK.
1. Introduction
Welcome to DXRacer’s website at www.dxrcer.com. This site is published by DXRacer. The Terms apply to all purchases and partnerships made on the Site or over the phone and should be reviewed carefully before using the Site.
2. Contact Information
Company name：
DXRACER Home Furnishing Sales (Wuxi) Co., Ltd.
Company Address:
Xinghuo Road, Qianzhou Supporting Area, Huishan Economic Development Zone, Wuxi
3. Language
All communications made or notices given pursuant to this Agreement shall be in the English language.
4. Jurisdiction, Venue & Choice of Law
You agree that Michigan shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between you and the Company, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: United States, Michigan. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non-conveniences or similar doctrine.
5. Intellectual Property
You agree that the intellectual property owned by the Company includes all copyrights, trademarks, trade secrets, patents, and other intellectual property belonging to the Company ("Company IP").
All intellectual property rights associated with the Content are owned by or licensed to us. Other than the limited license granted by these Terms, you may not make any use of the Content. You may not use the Site or any Content for any purpose that is not expressly allowed by these Terms.
We may revoke this license at any time and if we find that you are using the Company IP in any manner not contemplated by this Agreement, we reserve the right to terminate this Agreement. Other than as provided herein, you are not permitted to use any of the Company IP or any confusingly similar variation
of the Company IP without our express prior written permission. This includes a restriction on using the Company IP in any domain or website name, in any keywords or advertising, in any meta tags or code, or in any way that is likely to cause consumer confusion.
Please be advised that your unauthorized use of any Company IP shall constitute unlawful infringement and we reserve all of our rights, including the right to pursue an infringement suit against you in federal court. You may be obligated to pay monetary damages or legal fees and costs.
6. Acceptable Use
You agree not to use our company and website for any unlawful purpose or any purpose prohibited under this clause. You agree not to damage our websites, products, services, or the general business of the Company in any way.
You agree not to undertake any of the following actions:
Not to harass, abuse, or threaten others or otherwise violate any person's legal rights; Not to violate any intellectual property rights of the Company or any third party;
Not to upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
Not to perpetrate any fraud;
Not to engage in or create any unlawful gambling, sweepstakes, or pyramid scheme; Not to publish or distribute any obscene or defamatory material;
Not to publish or distribute any material that incites violence, hate, or discrimination towards any group; Not to unlawfully gather information about others.
Not to reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on any of our websites or services;
Not to violate the security of any of our websites or services through any unauthorized access, circumvention of encryption or other security tools, data mining, or interference to any host, user, or network.
You may not assign, subcontract, delegate, or otherwise transfer these Terms, including the Other Terms, or your rights and obligations herein without our prior written consent. Any such attempt will be null and void. The Terms and the Other Terms bind assignees.
7. Privacy Notice
Your privacy is of the utmost importance to us. DXRacer USA LLC does not sell, trade, or rent your personal or contact information to other marketers. This has been our operating policy from the very beginning.
Any information that we receive about you or that you provide to us, including any personal information, is used for the express purpose of:
Presenting our site and its contents to you, the customer.
Providing you with information, products, or services that you request from us. To provide customer service to you, it is necessary for us to disclose information to other companies that work with us. We
do not share your information with outside parties except as provided herein and to the extent necessary to provide you service and maintain our site.
To fulfill any purpose for which you provide the information.
To carry out our obligations and enforce our rights arising from any contracts entered into between the customer and ourselves, which includes billing and collection.
To notify you about changes to our site or any products or services we offer or provide though it. Please review our Privacy Policy for more details.
8. Disclaimers
Our disclaimers apply broadly to any errors, omissions, interruptions, defects, network delays or failures, failure of performance, viruses, theft, destruction, unauthorized access or alterations, breaches of contract, tort, negligence, and other causes of action. DXRacer reserves the right to make changes or modify at any moment for any cause without prior notice.
The Company shall not be liable for any failure to perform due to causes beyond its reasonable control, including but not limited to acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, etc.
9. Limitation of Liability
DXRacer will not be responsible for any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind. In
the event that your use of the Site or any Content results in any damage or loss, DXRacer's liability to you shall not exceed USD100.00. However, this limitation of liability shall not apply to any damage or loss arising from your reliance on the Content for the purpose of purchasing our products, which shall be governed by the terms and conditions of sale that you agreed to at the time of purchase.
10. Arbitration
In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the following county: United States. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of Michigan. Each Party shall pay its own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes, or regulations. Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this subpart of this Agreement, waive any rights they may have to a jury trial in regard to arbitration claims.
11. Changes to the Terms
We reserve the right to modify or revise the Terms and any Other Terms at any time without notice to you. Any change in these Terms is effective immediately upon posting. You must agree to the Terms before using the Site.
12. Entire Agreement
The Site's usage and items' purchase are governed by the entire agreement (including the Terms and all Other Terms). Our failure to assert or enforce any right or condition of these Terms, including any Other Terms, does not waive it. If any provision of these Terms, including any Other Terms, is invalid or unenforceable, the other provisions will remain unaffected. You may not assign, subcontract, delegate, or otherwise transfer these Terms, including the Other Terms, or your rights and obligations herein without our prior written consent. Any such attempt will be null and void. The Terms and the Other Terms bind assignees.
