Terms of service
Last updated: May 14, 2026
Overview
Welcome to XBOX Gear. The terms "we," "us," and "our" refer to XBOX Gear, operated by Cybernautix Systems LLC ("Dotexe"). XBOX Gear operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the "Services"). XBOX Gear is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our [Privacy Policy]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
Section 1 — Access and Account
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province, or country of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete, and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to any other person.
Section 2 — Our Products
We have made every effort to provide an accurate representation of our products and services. However, please note that colors or product appearance may differ from how they appear on your screen due to your device type, settings, and display configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted in our online store.
All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products we offer to any person, geographic region, or jurisdiction, on a case-by-case basis. Any such change, discontinuation, or limitation applies prospectively only and does not affect any order that we have already accepted. For EU/EEA consumers, any limitation based on geographic region or jurisdiction will be applied in a manner consistent with Regulation (EU) 2018/302 on geo-blocking.
Section 3 — Orders
When you place an order, you are making an offer to purchase. XBOX Gear reserves the right to decline your order for legitimate business reasons, including suspected fraud or other unauthorized or unlawful activity, product unavailability, errors in pricing or product information, our inability to verify your payment or shipping information, or your failure to satisfy eligibility requirements set out in these Terms. Your order is not accepted until XBOX Gear confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting. XBOX Gear may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, modify, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our [Refund Policy].
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
Note for EU/EEA Consumers: If you are located in the European Union or European Economic Area, you have the right to cancel your order within 14 days of receiving your item without giving any reason. Please refer to our [Refund Policy] and Section 6A below for full details.
Section 3A — Fraud Prevention and Order Verification
To protect our customers and our Services from fraud, unauthorized use of payment methods, unauthorized resale, and other prohibited activity, we may take reasonable steps to verify your identity and the legitimacy of any order before we accept, process, or ship it. These steps may include requesting additional identification or documentation, contacting you at the phone number or email address associated with your account, imposing per-customer, per-household, or per-payment-method purchase limits on high-demand items, delaying shipment pending verification, and refusing or cancelling any order we reasonably suspect involves fraud, misrepresentation, or other prohibited activity. If we cancel an order under this section, we will refund any payment we have already received for that order using the same payment method used for the purchase. Any personal information collected for verification will be handled in accordance with our Privacy Policy.
Section 4 — Prices and Billing
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs, or import charges.
Prices posted in our online store may differ from prices offered in physical stores or by third-party retailers. We may offer promotions from time to time that are governed by separate terms. If there is a conflict between promotion terms and these Terms, the promotion terms will govern.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the payment information you provide is true, correct, and complete; (ii) you are duly authorized to use such payment method; (iii) charges incurred by you will be honored by your payment provider; and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
Section 5 — Shipping and Delivery
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Nothing in this paragraph limits any statutory delivery or refund rights you may have under applicable law. For EU/EEA and UK consumers: if we do not deliver within the delivery period indicated or, where no period is indicated, within 30 days of the contract being concluded, you may call on us to deliver within an additional period appropriate to the circumstances and, if we fail to deliver within that additional period, you are entitled to terminate the contract and receive a full refund of all amounts paid. Title to products passes to you when we transfer the products to the carrier. Risk of loss or damage, however, does not pass to you until the products are delivered to you, and nothing in this section limits any non-waivable protections you may have under the mandatory laws of your jurisdiction. For EU/EEA and UK consumers: the risk of loss of or damage to the goods does not pass to you until you, or a third party designated by you (other than the carrier), take physical possession of the goods.
International Customers: Orders shipped internationally may be subject to import duties, customs fees, and taxes levied by the destination country. These charges are the responsibility of the recipient and are not included in the order price or shipping cost. We recommend checking with your local customs office for information on applicable fees before placing an order. Before you complete your purchase, we will disclose in the checkout process whether customs duties, import fees, or taxes may apply to your order and, where reasonably possible, an estimate of those charges.
Section 6 — Intellectual Property
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by XBOX Gear, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Services without our prior written consent.
XBOX Gear's names, logos, product and service names, designs, and slogans are trademarks of XBOX Gear or its affiliates or licensors. You must not use such trademarks without prior written permission. Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, and slogans on the Services are the trademarks of their respective owners.
Section 6A — EU Consumer Rights (EEA and UK Residents)
If you are located in the European Economic Area (EEA) or the United Kingdom (UK), the following additional rights apply to you under EU and UK consumer protection law:
Right of Withdrawal (14-Day Cooling-Off Period): You have the right to withdraw from your purchase within 14 calendar days of receiving your order, without giving any reason. To exercise this right, you must inform us of your decision to withdraw by contacting us at contact@dotexe.com before the withdrawal period expires. We will reimburse all payments received from you, including standard delivery costs (but not additional costs if you chose a non-standard delivery option), without undue delay and no later than 14 days from the day we receive the returned goods. We may withhold the reimbursement until we receive the goods back or until you provide evidence of having sent them back. Please refer to our [Refund Policy] for full return instructions.
Right to Conformity: Products must conform to the contract of sale. If a product is defective or does not conform, you are entitled to a remedy under applicable EU/UK consumer law, which may include repair, replacement, price reduction, or refund.
Governing Law for EU/UK Consumers: Nothing in these Terms limits or excludes any rights you have as a consumer under the mandatory laws of your country of residence. To the extent that any provision of these Terms conflicts with your rights under applicable mandatory EU or UK consumer law, those mandatory legal rights will prevail.
Section 7 — Optional Tools
You may be provided with access to tools offered by third parties as part of the Services, which we neither monitor nor have control over. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind. We shall have no liability arising from or relating to your use of optional third-party tools. For EU/EEA and UK consumers: where optional third-party tools are offered as part of the Services and their use is facilitated by us, nothing in this section excludes or limits our liability, or any warranty or statutory right you have, where such exclusion or limitation is not permitted under applicable mandatory law, including Directive 93/13/EEC on unfair contract terms and equivalent UK legislation.
Any use of optional tools offered through the Site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider.
Section 8 — Third-Party Links
The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. If you leave the Services to access third-party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of third-party websites or your purchase or use of any products, services, resources, or content on those sites. Please review the third-party's policies carefully before engaging in any transaction.
Section 9 — Relationship with Shopify
[NOTE: This section accurately characterizes Shopify's relationship with your store and should not be removed or modified.]
XBOX Gear is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with XBOX Gear. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and XBOX Gear, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with XBOX Gear. This release applies only to the extent permitted by applicable law and does not waive or limit any consumer rights that cannot be waived under the mandatory laws of your jurisdiction, including, for EU/EEA and UK consumers, any rights you may have under applicable product liability law.
Section 10 — Privacy Policy and Cookies
All personal information we collect through the Services is subject to our [Privacy Policy] and [Cookie Policy]. Certain personal information may also be subject to Shopify's Privacy Policy, which can be viewed at https://www.shopify.com/legal/privacy.
By using the Services, you acknowledge that you have read these privacy policies and consent to the use of cookies as described in our [Cookie Policy]. You may manage your cookie preferences at any time via the "Cookie Settings" link in our website footer. Where personal information is transferred outside the EEA, the UK, or Switzerland, we rely on the transfer mechanisms described in Section 6 (International Data Transfers) of our [Privacy Policy], including Standard Contractual Clauses approved by the European Commission and adequacy decisions, in accordance with Articles 44 through 49 GDPR.
Section 11 — Feedback
If you submit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback for purposes connected with operating, improving, and promoting the Services. To the extent any Feedback contains personal data, our processing of that data is governed by our [Privacy Policy], and this license does not limit your rights under applicable data protection law, including your right to erasure under the GDPR. If you exercise those rights, we will cease further use of the relevant personal data except as otherwise permitted by law.
You represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your Feedback; and (iii) your Feedback will comply with these Terms.
We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or in violation of any party's intellectual property or these Terms.
Section 12 — Errors, Inaccuracies, and Omissions
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information is inaccurate at any time without prior notice.
Section 13 — Prohibited Uses
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly:
(a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, state, or local regulations, rules, laws, or ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which may harm XBOX Gear, Shopify, or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the Services; (e) use any robot, spider, scraping tool, automated device or process, or AI tool (such as agentic AI) to access the Services without our express written permission; or (f) interfere with, bypass, or circumvent the security or authorization features of the Services.
We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
Section 13A — Export Controls and Sanctions
You agree to comply with all applicable export control and economic sanctions laws and regulations, including the U.S. Export Administration Regulations and the sanctions programs administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC). You represent and warrant that you are not located in, organized under the laws of, or ordinarily resident in any country or region subject to comprehensive U.S. sanctions, and that you are not identified on any U.S. government restricted-party list. You may not purchase, export, re-export, or transfer any products purchased through the Services in violation of these laws, and you may not use the Services on behalf of any person or entity subject to such restrictions.
We may refuse, cancel, or delay any order, and may suspend or terminate any account, if we determine that fulfillment would violate, or that continued service would be prohibited by, applicable export control, economic sanctions, or trade restriction laws, including any such laws that come into effect or change after your order is placed. Where we cancel an order under this provision, we will refund any payment already received for that order.
Section 14 — Agents
14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity, without direct supervision.
14.2 No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 14.4 below. No Agent may access, use, or interact with Services if we have requested that the Agent refrain from doing so.
14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent; (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer; (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.
Section 15 — Termination
We may terminate this agreement or your access to the Services (or any part thereof) upon notice to you where we have a legitimate reason to do so, including your material breach of these Terms, fraudulent, unlawful, or abusive conduct, or nonpayment of amounts due. Where the circumstances reasonably justify it, including fraud, serious breach, security risk, or legal compliance, we may suspend or terminate your access immediately. Following any termination, you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
For EU/UK Consumers: Termination of these Terms does not affect any of your statutory rights under applicable mandatory EU or UK consumer law. If you are a consumer located in the EU/EEA or the UK, we will provide you with at least 30 days’ advance notice and a statement of the legitimate reason before terminating these Terms or your access to the Services, except where immediate termination is justified by fraud, serious breach, security risk, or legal compliance.
Section 15A — Service Availability and Interruptions
We may temporarily suspend, restrict, or interrupt access to all or any part of the Services, with or without prior notice, for maintenance, security updates, technical upgrades, investigations of suspected misuse, or other operational, legal, or safety reasons. Where practical, we will schedule planned downtime outside of peak shopping hours and provide advance notice through the Services. We are not liable for any temporary unavailability of the Services or any resulting inability to place, modify, or track orders during such periods. Nothing in this section limits any statutory rights EU/EEA or UK consumers may have if an interruption materially affects a purchase already made or an order in progress.
Section 16 — Disclaimer of Warranties
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.
EXCEPT AS EXPRESSLY STATED BY XBOX GEAR, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS SECTION DOES NOT EXCLUDE OR LIMIT ANY STATUTORY WARRANTIES OR RIGHTS THAT CANNOT BE WAIVED UNDER APPLICABLE LAW, AND NOTHING IN THIS SECTION LIMITS YOUR RIGHTS UNDER ANY APPLICABLE MANUFACTURER’S WARRANTY.
For EU/UK Consumers: Nothing in this section excludes or limits warranties or conditions implied by law where such exclusion or limitation is not permitted under applicable EU or UK consumer law.
Section 17 — Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL XBOX GEAR, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES. TO THE EXTENT OUR LIABILITY CANNOT BE EXCLUDED, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR ANY PRODUCT WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS (US$100). THE FOREGOING LIMITATIONS DO NOT APPLY TO LIABILITY ARISING FROM OUR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD, DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
For EU/UK Consumers: Nothing in this section limits or excludes our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, defective products under applicable product liability law, or any other liability that cannot be excluded or limited under applicable mandatory EU or UK law.
Section 18 — Indemnification
You agree to indemnify, defend, and hold harmless XBOX Gear, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys' fees, payable to any third party to the extent arising out of (1) your material breach of these Terms of Service, (2) your violation of applicable law in connection with your use of the Services, or (3) your infringement of the intellectual property or other rights of a third party. This obligation does not apply to the extent a claim arises from our own breach of these Terms, negligence, or willful misconduct. This section does not apply to you if you are a consumer located in the EU/EEA or the UK.
Section 19 — Severability
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 20 — Waiver; Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written.
Section 21 — Assignment
You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent, provided that the assignee assumes all of our obligations under these Terms and the assignment does not diminish your rights under these Terms or applicable law. If you are a consumer located in the EU/EEA or the UK and an assignment results in a material change to these Terms or to your rights, you may terminate these Terms by notice to us, without charge, effective upon our receipt of that notice.
Section 22 — Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.
For EU/EEA Consumers: If you are a consumer resident in the EU or EEA, you also benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms affects your rights as a consumer to rely on such mandatory local law provisions. Any dispute may also be submitted to the courts of your country of residence.
For UK Consumers: If you are a consumer resident in the United Kingdom, you also benefit from any mandatory provisions of UK law applicable to consumers. Disputes may be submitted to the courts of England and Wales, or Scotland or Northern Ireland if you are resident there.
Section 22A — Dispute Resolution; Binding Arbitration; Class Action Waiver (U.S. and Other Non-EU/UK Customers)
Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court and to have a jury trial.
Informal Resolution: Before filing any claim, you agree to first contact us at legal@dotexe.com with a description of the dispute and to attempt in good faith to resolve the dispute informally for at least 30 days.
Binding Arbitration: Except for disputes that qualify for small claims court or that seek to enforce or protect intellectual property rights, any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be conducted in Los Angeles County, California or, at your election, by videoconference or in the county where you reside. The Federal Arbitration Act governs the interpretation and enforcement of this section. We will pay all AAA filing, administration, and arbitrator fees to the extent required by the AAA Consumer Arbitration Rules.
Class Action and Jury Trial Waiver: You and XBOX Gear each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated, or representative action. YOU AND XBOX GEAR EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY.
30-Day Opt-Out: You may opt out of this arbitration agreement by emailing legal@dotexe.com within 30 days of the date you first accept these Terms, stating your name, address, and your intent to opt out of arbitration. Opting out of arbitration does not affect any other provision of these Terms.
Forum Selection: Any dispute not subject to arbitration, and any action to confirm, vacate, or enforce an arbitration award, will be brought exclusively in the state or federal courts located in Los Angeles County, California, and you consent to personal jurisdiction and venue in those courts.
EU/EEA and UK Consumers: This Section 22A does not apply to you. Nothing in this section limits your right to bring proceedings in the courts of your country of residence or affects your rights under applicable mandatory consumer protection law.
Section 23 — Headings
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 24 — Changes to Terms of Service
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.
For EU/UK Consumers: We will provide you with at least 30 days’ advance notice of any material changes to these Terms and will not apply changes retroactively in a manner that disadvantages your statutory rights. If you are a consumer located in the EU/EEA or the United Kingdom and you do not accept the revised Terms, you may terminate these Terms at any time before the changes take effect by notifying us at contact@dotexe.com, without charge, and the revised Terms will not apply to you. Termination on this basis does not affect your statutory rights.
Section 25 — Accessibility
XBOX Gear is committed to making our Services accessible to all users, including those with disabilities. We aim to conform to the Web Content Accessibility Guidelines (WCAG) 2.2 Level AA. If you experience any difficulty accessing our Services or have suggestions for improvement, please contact us at contact@dotexe.com. For full details, please see our [Accessibility Statement].
Section 26 — Contact Information
Questions about the Terms of Service should be sent to us at:
Cybernautix Systems LLC (XBOX Gear / Dotexe) 444 E Anaheim St Long Beach, CA 90813 United States
Seller Registration Information: Cybernautix Systems LLC is a limited liability company organized under the laws of the State of [California], commercial registration/file number [___], with its registered office at 444 E Anaheim St, Long Beach, CA 90813, United States. VAT identification number for EU sales (including any Import One-Stop Shop registration): [___].
Email: contact@dotexe.com Phone: (562) 247-1160
EU/EEA & UK GDPR Representatives (Article 27):
Euverify Ltd (Ireland) — EU Representative Euverify Ltd (UK) — UK Representative Email: gdpr@euverify.com DSAR Portal: https://gdpr.euverify.com/verify/a3f35e83-bddb-4b3d-8cc7-3fbe2af22f78
