Terms of Service

These Terms of Service ("Terms") govern your access to and use of the websites located at https://duxwrx.com and https://carmstudio.com (together, the "Website"), operated by DUX WRX, LLC, including its agents and affiliates (collectively, “DUX WRX”, “we”, “us”, or “our”), and any services, content, or applications offered through the Website (collectively, "Services"). By accessing or using the Website or Services, you ("User", "You", or "Your") agree to be bound by these Terms.

DUX WRX reserves the right, at its sole discretion, to modify or update these Terms at any time. It is your responsibility to review these Terms periodically for changes. Your continued use of the Website or Services following the posting of changes constitutes your acceptance of the updated Terms. The current version of these Terms is available at www.duxwrx.com/TOS and at carmstudio.com/terms.html. If you are a Customer under a Software License and Maintenance Agreement (“SLMA”) with DUX WRX executed via an Ordering Document, the terms of the SLMA (available at https://duxwrx.com/legal/software-license-and-maintenance-en.pdf) shall govern your use of the Software to the extent they conflict with these Terms.

By accessing or using the Website or Services, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Website or Services.

You may not use the Website or Services if (a) you are prohibited by applicable law from doing so, or (b) you are entering these Terms on behalf of a company or entity and lack the authority to bind it or its affiliates to these Terms.

Subject to your compliance with these Terms, DUX WRX grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and Services for personal or internal business purposes. If you are a Customer under an SLMA, the terms of the SLMA (https://duxwrx.com/legal/software-license-and-maintenance-en.pdf) shall govern your use of any software-related Services to the extent of any conflict.

You agree not to: (a) use the Website or Services for any illegal or unauthorized purpose; (b) copy, modify, distribute, or reverse-engineer any portion of the Website or Services; (c) interfere with or disrupt the Website’s functionality or security; (d) upload or transmit viruses, malware, or other harmful code; or (e) access the Website or Services through automated means (e.g., bots, scrapers) without prior written consent from DUX WRX.

DUX WRX may modify, suspend, or discontinue the Website or Services, or any portion thereof, at any time without notice. You agree that DUX WRX shall not be liable to you or any third party for such actions.

Certain features of the Website or Services may require you to register an Account. You agree to provide accurate, current, and complete information during registration and to update such information as needed.

You are responsible for maintaining the confidentiality of your Account credentials and for all activities under your Account. You must notify DUX WRX immediately of any unauthorized use of your Account.

You may have the opportunity to submit User Content to the Website (e.g., comments, feedback). By submitting User Content, you grant DUX WRX a worldwide, non-exclusive, royalty-free, perpetual, transferable license to use, reproduce, modify, distribute, and display such content in connection with the Website and Services.

You represent and warrant that: (a) you own or have the necessary rights to submit your User Content; (b) your User Content does not infringe any third-party rights, including intellectual property or privacy rights; and (c) your User Content complies with all applicable Laws.

DUX WRX reserves the right to remove or modify any User Content at its sole discretion, without notice, if it deems such content inappropriate, unlawful, or in violation of these Terms.

All Content, trademarks, logos, and other intellectual property on the Website ("DUX WRX IP") are owned by DUX WRX or its licensors and are protected by applicable copyright, trademark, and other intellectual property laws. Except as expressly permitted herein, you may not use, reproduce, or distribute DUX WRX IP without prior written consent.

Your use of the Website or Services does not grant you any ownership rights in DUX WRX IP beyond the limited license provided in Section 4.1.

The Website may contain links to third-party websites or services not operated by DUX WRX. DUX WRX is not responsible for the content, policies, or practices of these third-party sites and provides such links for convenience only. Your use of third-party sites is at your own risk.

THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. DUX WRX DOES NOT WARRANT THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. For Customers under an SLMA, warranties are governed by the SLMA (https://duxwrx.com/legal/software-license-and-maintenance-en.pdf), and this Section 9 shall not apply to the extent of any conflict.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DUX WRX SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING LOSS OF USE, DATA, PROFITS, OR BUSINESS INTERRUPTION) ARISING FROM YOUR USE OF THE WEBSITE OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. For Customers under an SLMA, liability is governed by the SLMA (https://duxwrx.com/legal/software-license-and-maintenance-en.pdf), including specific liability caps, and this Section 10 shall not apply to the extent of any conflict.

Your sole remedy for dissatisfaction with the Website or Services is to discontinue use.

You agree to indemnify and hold DUX WRX, its affiliates, officers, agents, and employees harmless from any claims, demands, or damages, including reasonable attorneys’ fees, arising from your use of the Website or Services, your User Content, or your violation of these Terms or any applicable Law.

DUX WRX may terminate or suspend your access to the Website or Services at its sole discretion, with or without notice, for any reason, including if you breach these Terms. Upon termination, your right to use the Website and Services will cease immediately. For Customers under an SLMA, termination is governed by the SLMA (https://duxwrx.com/legal/software-license-and-maintenance-en.pdf), and this Section 12 shall not apply to the extent of any conflict.

These Terms are governed by the laws of the State of Arkansas, United States, without regard to its conflict of law principles. Any disputes arising from these Terms shall be resolved in the courts located in Benton County, Arkansas, unless otherwise agreed by the parties or as provided in Section 13.2. You consent to the personal jurisdiction of such courts.

For disputes where Arkansas law applies, any controversy or claim relating to these Terms may, at DUX WRX’s discretion, be settled by binding arbitration in Rogers, Arkansas, under the rules of the American Arbitration Association. The arbitrator’s decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction. For Customers under an SLMA, dispute resolution is governed by the SLMA (https://duxwrx.com/legal/software-license-and-maintenance-en.pdf), which may specify different venues or arbitration, and this Section 13 shall not apply to the extent of any conflict.

Entire Agreement: These Terms, together with the Privacy Policy at www.duxwrx.com/privacy and carmstudio.com/privacy.html, constitute the entire agreement between you and DUX WRX regarding your use of the Website and Services, superseding any prior agreements, except that for Customers under an SLMA, the SLMA (https://duxwrx.com/legal/software-license-and-maintenance-en.pdf) shall supersede these Terms to the extent of any conflict.

Severability: If any provision of these Terms is found unenforceable, it shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force.

Waiver: DUX WRX’s failure to enforce any provision of these Terms does not constitute a waiver of that provision.

Contact Us: If you have questions about these Terms, contact us through our website’s contact page.