Terms of service

Last Updated: October 18, 2024

The following terms and conditions (the "Terms and Conditions") govern your use of any website or any application (collectively, the “Online Services”) that posts a link to these Terms and Conditions and that is provided to you by Fox Factory, Inc. or its subsidiaries, each of which has adopted these Terms and Conditions with regard to its website (collectively, "FOX," “we,” or “us”) which FOX associates with these Terms and Conditions, and any content, features or functionality made available from or through the Online Services, including any subdomains thereof. The Online Services are made available by FOX.

Depending on where you are located, you may be entitled to different rights or FOX may be subject to different obligations. We have indicated the respective differences below by differentiating according to jurisdiction: if a clause begins with "US Users", this clause only applies to those users who are located in the USA; if a clause begins with “Canada Users”, this clause only applies to those users who are located in Canada; if a clause begins with “EU-Users”, then this clause only applies to individuals located in the EU. For any avoidance of doubt, clauses that contain none of these statements are generally applicable to all users.

We may change the Terms and Conditions from time to time, at any time and, subject to the applicable law, without notice to you, by posting such changes on the Online Services.

BY USING AN ONLINE SERVICE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE ONLINE SERVICES. Please refer to Section 21 for details and specific EU-User provisions.

You also acknowledge our data practices as described in our Privacy Policy.

US Users and Canada Users: These Terms and Conditions affect your legal rights, responsibilities, and obligations and govern your use of the Online Services, are legally binding, and to the fullest extent permitted by law, limit our liability to you and require you to indemnify us and to settle certain disputes through individual arbitration. If you do not agree to these Terms and Conditions or do not wish to be bound by these Terms and Conditions, do not access or otherwise use the Online Services and you must uninstall all Online Service downloads and applications.

US Users and Canada Users: Dispute Resolution. NOTE: this provision is not applicable to residents of the province of Quebec. To the fullest extent permitted by law, you agree to arbitrate disputes and waive jury trial and class actions as prescribed in these Terms and Conditions.

1. Proprietary Rights.

As between you and us, we own, solely and exclusively, all rights, title and interest in and to the Online Services, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles, Shockwave files, etc.), code, data and materials thereon, the look and feel, design and organization of the Online Services, and the compilation of the content, code, data and materials on the Online Services, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein and is protected by US and other international copyright, trademark, trade dress, patent, and/or other intellectual property rights and laws to the fullest extent possible. Your use of the Online Services does not grant to you ownership of any content, code, data or materials you may access on or through the Online Services.

2. Limited License.

These Terms and Conditions include only narrow, limited grants of rights for you to use and access the Online Services and content. No other right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU ARE RESERVED BY US AND OUR LICENSORS AND OTHER THIRD PARTIES. Any unauthorized use of any content or the Online Services for any purpose is prohibited.

You may access and view the content on the Online Services on your computer, mobile device, or other device. Unless otherwise specifically indicated in these Terms and Conditions or on the Online Services, use of the Online Services and the services offered on or through the Online Services, are only for your personal, non-commercial, lawful use. Your right to use the Online Services is subject to your strict compliance with these Terms and Conditions and shall automatically terminate upon any violations. These rights are non-exclusive, limited, and revocable by us at any time in our sole discretion without advance notice or liability. As your right to use the Online Services and the content is personal to you, you may not assign nor transfer your right; any attempt to do so is void.

3. Prohibited Use.

Unless expressly allowed herein or on the Online Services, you may not copy, download, post, display, publish, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Online Services. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Online Service, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. Unless otherwise specifically indicated in these Terms and Conditions or on the Online Services, any commercial or promotional distribution, publishing or exploitation of the Online Services, or any content, code, data or materials on the Online Services, is strictly prohibited unless you have received the express prior written permission from our authorized personnel or the otherwise applicable rights holder. You acknowledge that you do not acquire any ownership rights by using any copyrighted material, or any other material, from or through the Online Services. If you make other use of the Online Services, or the content, code, data or materials thereon or available through the Online Services, except as otherwise provided above, you may violate copyright and other laws of the United States, Canada, other countries, as well as applicable state, provincial or territorial laws and may be subject to liability for such unauthorized use. You will not insert any code or product to manipulate any content on the Online Services in any way that adversely affects any user experience or the Service.

US Users and Canada Users: Please note that the Online Services is not targeted at children under the age of 18, and they are not permitted to use the Online Services. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the Online Services, you affirm you are at least 18 years old.

EU-Users: Please note that the Online Services are not targeted at children under the age of 18.

4. Intellectual Property.

As between you and us, the trademarks, logos, service marks, trade names, copyrights, patents, and all other intellectual property rights therein (collectively the "Intellectual Property") displayed on the Online Services or on content available through the Online Services are owned or controlled by us and are our registered and unregistered Intellectual Property or are owned by others and used with permission or license. All Intellectual Property not owned by us that appear on the Online Services or on or through the services on the Online Services, if any, are the property of their respective owners. Nothing contained on the Online Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Intellectual Property displayed on the Online Services without our prior written permission or that of the third party that may own the applicable Intellectual Property. Your misuse of the Intellectual Property displayed on the Online Services or on or through any of the services on the Online Services is strictly prohibited.

5. User Information.

In the course of your use of the Online Services and/or the services made available on or through the Online Services, you may be asked to provide certain personal information to us (such information referred to hereinafter as "User Information"). Please see our Privacy Policy available at https://www.ridefox.com/tos.php?p=privacy for our information collection and use policies regarding such User Information. You acknowledge and agree that you are solely responsible for the accuracy and content of your User Information.

6. Submitted Materials Licenses.

Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information, ideas, or other material from you or even suggested improvements to our products or services, including, without limitation, ideas, concepts, inventions, or designs for websites, apps, software, or otherwise through the Online Services, by e-mail or in any other way (collectively, “Unsolicited Ideas or Materials”). Any Unsolicited Ideas or Materials you submit are deemed Submitted Materials (as defined below) and licensed to us as set forth below. In addition, we retain all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. FOX’s receipt of your Unsolicited Ideas and Materials it not an admission by FOX of their novelty, priority, or originality, and it does not impair our right to contest existing or future Intellectual Property rights relating to your Unsolicited Ideas and Materials.

Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us (including, for example and without limitation, that which you submit or post to our product review pages,  video or picture comment boxes, or survey responses, or send to us via e-mail) ("Submitted Materials") will be deemed not to be confidential or secret and will treated as non-proprietary, and may be used by us for any purpose, including commercial purposes, in any manner consistent with our Privacy Policy and these Terms and Conditions. By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any "moral rights" in Submitted Materials have been waived (and to the extent you hold any such moral rights, you waive them yourself), and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, unconditional, unlimited, cost-free, and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and incorporate in other works any Submitted Materials (in whole or part) in any form, media, or technology now known or later developed, including for promotional and/or commercial purposes. We cannot be responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time.  

Each time you submit any Submitted Materials, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside and are the parent or legal guardian or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any Submitted Materials you submit and that, as to that Submitted Materials, (a) you are the sole author and owner of the Intellectual Property and other rights to the Submitted Materials, or you have a lawful right to submit the Submitted Materials and grant FOX the rights to it that you are granting by these Terms and Conditions, all without any FOX obligation to obtain consent of any third-party and without creating any obligation or liability of FOX; (b) the Submitted Materials is accurate; (c) the Submitted Materials do not and, as to FOX’s permitted uses and exploitation set forth in these Terms and Conditions, will not infringe any Intellectual Property or other right of any third-party; and (d) the Submitted Materials will not violate these Terms and Conditions, or cause injury or harm to any person.

We have no obligation to monitor or enforce your Intellectual Property rights to your Submitted Materials, but you grant us the right to protect and enforce our rights to your Submitted Materials, including initiating actions in your name and on your behalf (to the extent permitted by law, at FOX’s cost and expense, to which you hereby consent and irrevocably appoint FOX as your attorney in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).

7. User Submissions.

FOX may, from time to time, request members of the public to submit content, such as reviews, suggestions, ideas, comments, questions, pictures and / or videos ("Content") relating to their experiences with FOX products or services, or other topics. For any Content that represents a review of your experiences with FOX products or services, you warrant that your review represents your true and honest opinion and experiences with FOX, its products, and services, and you will disclose any benefit you received or were provided for your review, and any connection you may have with FOX.

FOX does not encourage, and does not seek videos or other Content that result from or show any activity that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, defamation, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; or (iii) may constitute a crime, a violation of any law or regulation, or a tort. You agree that you have not and will not engage in any of the foregoing activities in connection with producing your submission. Without limiting the foregoing, you agree that you will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, will not enter onto private property without permission, violate the privacy of other individuals, and will not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the Content. FOX will reject any submissions in which FOX believes, in its sole discretion, any such activities have occurred.

If notified of a submission that allegedly violates any provision of these Terms and Conditions, FOX reserves the right to determine, in its sole discretion, if such a violation has occurred, and to remove any such submission from the Online Services. US Users and Canada Users: Moreover, FOX reserves the right in its sole discretion to remove any videos or other Submitted Materials, at any time, for any reason, and without any notice. EU Users: FOX reserves the right to block content where such content is deemed an offense under applicable law or is discernably intended to assist in preparation for criminal acts.

IMPORTANT: IF YOU ARE UNDER THE AGE OF MAJORITY WHERE YOU RESIDE, DO NOT SUBMIT SUBMITTED MATERIALS OR CONTENT TO FOX.

Any Content submitted to FOX is "Submitted Material" subject to the license granted to FOX in Section 6 above.

8. Prohibited User Conduct.

You warrant and agree that, while using the Online Services and the various services, features and functionality offered on or through the Online Services, you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party's advertising, branding or other promotional content into any of the Online Services' content, materials or services (for example, without limitation, product reviews, online broadcasts, videos, RSS feed or a podcast received from us or otherwise through the Online Services), or, except as otherwise specifically authorized in these Terms and Conditions or on the Online Services, use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through the Online Services. You shall not: (i) engage in “spidering,” "screen scraping," "database scraping," harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Online Services or the services offered on or through the Online Services, including without limitation any information residing on any server or database connected to the Online Services or the services offered on or through the Online Services; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iii) use the Online Services or the services made available on or through the Online Services in any manner that could interrupt, damage, disable, overburden, or impair the Online Services or such services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests; (iv) use the Online Services or the Online Services' services or features in violation of our or any third party's Intellectual Property or other proprietary or legal rights; or (v) use the Online Services or the Online Services' services in violation of any applicable law. You further agree that you shall not attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Online Services or the Online Services' services, or any content thereof, or make any unauthorized use thereof, unless you are an EU-User and the foregoing is necessary in particular (i) to duly use the Online Services and ensure its inter-operability if not provided by FOX, (ii) to correct an error, (iii) to ensure a copy is made to securing future usage and other permitted purposes . You agree that you shall not use the Online Services in any manner that could interfere with any other party's use and enjoyment of the Online Services or any of its services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Online Services.

9. Right to Monitor.

We reserve the right, but do not have an obligation, to monitor and/or review all materials posted to the Online Services or through the Online Services' services or features by users, and we are not responsible for any such materials posted by users. However, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms and Conditions, our policies or applicable law. We may also restrict your access to part or all of the Online Services, without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, this Terms and Conditions, and other of our terms and conditions or applicable law; US Users and Canada Users: we may do the foregoing for any other reason without notice or liability.

10. Private or Sensitive Information in Submitted Materials.

It is important that you are careful and selective about the personal information that you disclose about yourself, and in particular, you should not disclose sensitive, embarrassing, proprietary or confidential information in any Submitted Materials. Please see our Privacy Policy for our information collection and use policies regarding Submitted Materials.

11. Linking to the Online Services.

Unless otherwise specifically indicated in these Terms and Conditions or on the Online Services, you agree that: (i) if you include a link from any other Online Services to the Online Services, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of this Online Services; (ii) you are not permitted to link directly to any image hosted on the Online Services or our services, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another Online Services; and (iii) you agree not to download or use images hosted on this Online Services on another Online Services, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other Online Services to this Online Services in any manner such that the Online Services, or any page of the Online Services, is "framed," surrounded or obfuscated by any third party content, materials or branding, and you may not in any other manner link to the Online Services in a manner that suggests or implies you are affiliated with or endorsed by us, without our prior written approval. We reserve all of our rights under the law to insist that any link to the Online Services be discontinued, and to revoke your right to link to the Online Services from any other Online Services at any time upon written notice to you.

12. Indemnification.

US Users and Canada Users: To the fullest extent permitted by applicable law, you hereby agree to defend (if requested by FOX), indemnify and hold us and our affiliates and our and our affiliates' respective directors, officers, employees and agents harmless from and against any and all claims, damages, losses, investigations, liabilities, judgements, fines, penalties, settlements, interest, costs and expenses, including attorneys' fees, arising from, or related to any claim, suit, action, demand, or proceeding arising out of or in connection with in any way from: (i) your use of the Online Services and your activities in connection with the Online Services; (ii) any Submitted Materials you may submit or post, your placement or transmission of any message, content, information, software or other materials through the Online Services, (iii) your breach, alleged breach, or violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Online Services or your activities in connection with the Online Services; (iv) your breach or alleged breach of these Terms and Conditions; (v) information or material transmitted through your device, even if not submitted by you, that infringes, violates, or misappropriates any Intellectual Property rights of any person or entity; (vi) any misrepresentation made by you; and (vii) (except if you are a resident of the province of Quebec) FOX’s use of the information that you submit to us (including your Submitted Materials) (all of the foregoing, “Claims and Losses”). We reserve the right to assume the exclusive defense and control of any Claims and Losses otherwise subject to indemnification by you, and in such case, you agree to cooperate as fully required by FOX in the defense of any Claims and Losses. Notwithstanding the foregoing, FOX retains the exclusive right to settle, compromise, and pay any and all Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of FOX. This section is not intended to limit any causes of action against us that you may have but are not waivable under applicable law.

EU Users: You shall indemnify and hold FOX harmless against all claims made by third parties against FOX based on infringements of their rights or based on violations of law arising due to offers and/or content uploaded by you insofar that you are responsible for. You shall also assume the costs of FOX' legal defense in this respect, including all court fees and lawyers' fees.

13. Orders for Products and Services.

US Users and Canada Users: We may make certain products or services available to visitors and registrants of the Online Services. If you order any products or services, you hereby represent and warrant that you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to us. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products or services that you purchase and/or download on or through the Online Services may be subject to additional terms and conditions presented to you at the time of such purchase or download.

EU-Users: Please note terms and conditions applicable for online purchases and your terms of use can be found here [hyperlink].

14. Third Party Online Services.

You may be able to link from the Online Services to third party websites and third party websites may link to the Online Services ("Linked Sites"). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such Linked Sites or the information, content, products, services, advertising, code or other materials presented on or through such Linked Sites. The inclusion of any link to such sites on our Online Services does not imply our endorsement, sponsorship, or recommendation of that site. FOX disclaims any liability for links (i) from any Linked Sites to the Online Services and (ii) to any Linked Sites from our Online Services. FOX cannot guarantee the standards of any Linked Sites nor shall we be held responsible for the contents of such sites, or any subsequent links. We do not represent or warrant that the contents of any third party Linked Sites is accurate, compliant with state, provincial/territorial, or federal law, or compliant with copyright or other Intellectual Property laws. Also, we are not responsible for any form of transmission received from any Linked Sites, or for the information and privacy practices of such sites. Any reliance on the contents of a third party Linked Sites is done at your own risk and you assume all responsibilities and consequences resulting from such reliance. Use caution when dealing with third parties and consult their terms of use and privacy policies.

15. US Users: Copyright Agent.

We respect the Intellectual Property rights of others and require that the people who use the Online Services, or the services or features made available on or through the Online Services, do the same.

DMCA Notice. If you are a copyright owner and believe that your work has been copied on the Online Services in a way that constitutes copyright infringement, please forward the following information to our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) (“DMCA”), named below:

• A legend or subject line that says: “DMCA Copyright Infringement Notice – Ridefox.com”;
• Your full name, address, telephone number, and email address;
• A description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
• A description of where the alleged infringing material is located that is reasonably sufficient to permit us to locate the material (please include the full URL of the page(s) on the Online Services on which the material appears);
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• Your electronic or physical signature or the electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

FOX will only respond to DMCA notices (“DMCA Notices”) that it receives by mail or email to its Designated Agent at the addresses below:

Fox Factory, Inc.
Attn: Legal Department
2055 Sugarloaf Circle, Suite 300
Duluth, GA 30097
Phone: 1-800-369-7469
E-mail: ip@ridefox.com

Please Note: For Usage and/or Other Permission Requests, please contact:
Email: ip@ridefox.com

It is often difficult to determine if your copyright has been infringed. FOX may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and FOX may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.

Without limiting FOX’s other rights, FOX may, in appropriate circumstances, terminate a repeat infringer’s access to the Online Services and any other website owned or operated by FOX.

DMCA Counter-Notification. If access on the Online Services to a work that you submitted to FOX is disabled or the work is removed as a result of a DMCA Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:

• a legend or subject line that says: “DMCA Counter-Notification”;
• a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the full URL of the page(s) on the Online Services from which the material was removed or access to it disabled);
• a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
• your full name, address, telephone number, email address, and the username of your Account;
• a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Central District of California), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and
• your electronic or physical signature.

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Online Services. You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Notice.

16. US Users and Canada Users: DISCLAIMER OF REPRESENTATIONS AND WARRANTIES.

NOTE: THIS SECTION IS NOT APPLICABLE TO RESIDENTS OF THE PROVINCE OF QUEBEC. TO THE FULLEST EXTENT PERMITED BY APPLICABLE LAW, THE ONLINE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, FEATURES, CONTENT, FUNCTIONS AND MATERIALS PROVIDED THROUGH THE ONLINE SERVICES, ARE PROVIDED "AS IS," "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE ONLINE SERVICES OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS PROVIDED THROUGH THE ONLINE SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE ONLINE SERVICES OR THE PROVIDED SERVICES WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE ONLINE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE AND OUR AFFILIATES ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE ONLINE SERVICES OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE ONLINE SERVICES. IF YOU ARE DISSATISFIED WITH THE ONLINE SERVICES OR ANY CONTENT ON THE ONLINE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE ONLINE SERVICES. WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE ONLINE SERVICES IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE, REMOVE, OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE ONLINE SERVICES AT ANY TIME AND WITHOUT ANY PRIOR WARNING. NOTE: THE FOLLOWING SENTENCE IS NOT APPLICABLE TO RESIDENTS OF THE PROVINCE OF QUEBEC. WE NEITHER ENDORSE NOR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE ONLINE SERVICES, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE, INDECENT, UNLAWFUL OR INFRINGING POSTING MADE THEREON BY ANYONE OTHER THAN OUR AUTHORIZED EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES (INCLUDING, WITHOUT LIMITATION, OTHER USERS OF THE ONLINE SERVICES). IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE ONLINE SERVICES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT.

ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE ONLINE SERVICES ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED. THE INFORMATION ON THE ONLINE SERVICES IS NOT AN OFFER OR SOLICITATION BY ANYONE TO ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.

NOTE: THE FOLLOWING SENTENCE IS NOT APPLICABLE TO RESIDENTS OF THE PROVINCE OF QUEBEC. WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE ONLINE SERVICES, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE ONLINE SERVICES OR IN CORRESPONDENCE WITH US OR OUR AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE ONLINE SERVICES ARE PROVIDED BY US "AS IS," EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND US OR OUR LICENSOR OR SUPPLIER.

17. LIMITATIONS OF OUR LIABILITY.

US Users and Canada Users: NOTE: THE FOLLOWING SECTION IS NOT APPLICABLE TO RESIDENTS OF THE PROVINCE OF QUEBEC. TO THE FULLEST EXTENT PERMITED BY APPLICABLE LAW, IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE, OUR AFFILIATES, OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE ONLINE SERVICES OR THE CONTENT, FEATURES, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, BUT NOT LIMITED TO, YOUR PROVISION OF INFORMATION VIA THE ONLINE SERVICES, ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS OR OTHER RIGHTS OWNERS; ANY DAMAGE TO ANY USER’S COMPUTER, HARMWARE, OR OTHER EQUIPMENT, ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY FOX OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR ACCESS TO THE ONLINE SERVICES, AND/OR LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE ONLINE SERVICES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE ONLINE SERVICES EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE ONLINE SERVICES OR PURCHASE OF PRODUCTS VIA THE ONLINE SERVICES; PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A COURT OR TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE. FOR PURPOSES OF CLARITY, THE PRIOR SENTENCE DOES NOT EXPAND OR LIMIT ANY EXPRESS, WRITTEN PRODUCT WARRANTY THAT IS PROVIDED BY FOX OR A MANUFACTURER OF A PHYSICAL PRODUCT.

EU Users: We are liable for intent and gross negligence. Further, we are liable for the negligent breach of obligations, whose fulfillment is essential to enable the ordinary implementation of a contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance you as a user may regularly rely on. In the last-mentioned case, we are only liable for the foreseeable, typical contractual damage. The same applies to breaches of duty by our vicarious agents.

The abovementioned exclusions of liability do not apply in case of damage of life, body and health. Liability pursuant to the product liability law remains unaffected.

FOX assumes no liability for any disruptions within its Online Services for which it is not responsible.

FOX shall bear liability for losses of data in line with the subsections above where such a loss would have been unavoidable even if appropriate backup measures had been taken by the user.

18. Photosensitive Seizures

A very small percentage of people may experience a seizure when exposed to certain visual images, such as flashing lights or patterns that may appear in video games or other electronic or online content. Even people who have no history of seizures or epilepsy may have an undiagnosed condition that can cause these "photosensitive epileptic seizures" while watching video games or other electronic content. These seizures have a variety of symptoms, including lightheadedness, disorientation, confusion, momentary loss of awareness, eye or face twitching, altered vision or jerking or shaking of arms or legs. If you experience any of the foregoing symptoms, or if you or your family has a history of seizures or epilepsy, you should immediately stop using the Online Services and consult a doctor.

19. Applicable Laws.

We control and operate the Online Services from our offices in the United States of America. We do not represent that materials on the Online Services are appropriate or available for use in other locations. Persons who choose to access the Online Services from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

EU-Users: Please review the information contained in the footer of the respective Online Service.

20. Termination.

We may terminate, change, suspend or discontinue any aspect of the Online Services or its services at any time. We may restrict, suspend or terminate your access to the Online Services and/or its services if we believe you are in breach of our Terms and Conditions or applicable law, US Users and Canada Users: We may do the foregoing for any other reason without notice or liability. We maintain a policy that provides for the termination in appropriate circumstances of the Online Services use privileges of users who are repeat infringers of Intellectual Property rights.

EU-Users: We will take the legitimate interests of the users into consideration in each case.

21. Changes to These Terms and Conditions.

We reserve the right, at our sole discretion, to change, modify, add or remove any portion of the Terms and Conditions, in whole or in part, at any time. Where permitted by applicable law, changes in the Terms and Conditions will be effective when posted. Where required by applicable law, or at our discretion, we will post the changes to the Terms and Conditions at least thirty (30) days before the amendment comes into effect. In addition, where required by applicable law, or at our discretion, we will provide you notice using email and/or your mailing address, or any other contact information we have for you, in our discretion, and setting out: (a) the new clauses; (b) and/or the amended clauses and how they read formerly; and/or the date on which the change will come into effect and, if required by applicable law (c) a mention of your rights, under applicable law, to refuse the amendment and rescind these Terms and Conditions without cost, penalty or cancellation indemnity, by sending us notice to that effect no later than thirty (30) days after the amendment comes into force.

Your continued use of the Online Services and/or the services made available on or through the Online Services after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.

EU-Users: Further to the above, we will draw your attention to the consequences of your ongoing use of after the change of the Terms and Conditions have been announced. The fiction of consent does not apply to changes that affect the main performance obligations of the contract and the fees for main services, as well as to changes that are aimed at a payment from you, are equivalent to the conclusion of a new contract, or would significantly shift the previously agreed ratio of performance and consideration in our favor. If we make use of the fiction of consent, you may terminate the contract affected by the change without notice and free of charge before the proposed date of entry into force of the changes. We will specifically point this out to you in our change notice.

22. Governing Law.

a) If you are not a resident of the province of Quebec, these Terms and Conditions and the relationship between you and us, shall be governed by the laws of the State of Georgia, United States of America.

b) if you are a resident of the province of Quebec, these Terms and Conditions and the relationship between you and us, including any dispute or claim you may have against FOX, shall be exclusively governed by the laws of the Province of Quebec and the applicable federal laws of Canada. You agree to the courts of the Province of Quebec having exclusive jurisdiction over the resolution of any claims or disputes you may have against FOX.

c) Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect.

d) EU-Users: Please review the information contained in footer of the respective Online Service.

23. US Users and Canada Users: Arbitration and Dispute Terms.

A. Forum Selection/Jurisdiction- Global (except Quebec). Jurisdiction and venue for any controversy, allegation, or claim arising out of or relating to the Online Services, your Submitted Materials, (collectively, “Dispute”) shall be in Duluth, Georgia. Each party submits to personal jurisdiction and venue in Duluth, Georgia for any and all purposes.

B. Forum Selection/Jurisdiction- Quebec. For residents of the province of Quebec, you agree to the courts of the Province of Quebec having exclusive jurisdiction over the resolution of any controversy, allegation, claim, or dispute arising out of or relating to the Online Services, your Submitted Materials or any other controversy, allegation, claim, or dispute you may have against FOX.

C. Pre-Arbitration Notification. NOTE: this provision is not applicable to residents of the province of Quebec. FOX and you agree that it would be advantageous to discuss and hopefully resolve any Disputes before formal proceedings are initiated; provided, however, that FOX need not do so in circumstances where its claims of Intellectual Property rights are concerned (“IP Disputes,” with all other disputes referred to as “General Disputes”). The party making a claim – whether you or FOX – shall send a letter to the other side briefly summarizing the claim and the request for relief. If FOX is making a claim, the letter shall be sent, via email, to the email address listed in your FOX account, if applicable. If no such information exists or if such information is not current, then we have no notification or delay obligations under this Section 23.C. If you are making a claim, the letter shall be sent to Fox Factory, Inc. 2055 Sugarloaf Circle, Suite 300 Duluth, GA 30097 (Attn: Legal Department). If the Dispute is not resolved within sixty (60) days after notification, the claimant may proceed to initiate proceedings as set forth in this Section 23. Either you or FOX, however, may seek provisional remedies (such as preliminary injunctive relief, subject to Section 23.E) before the expiration of this sixty (60)-day period.

D. Arbitration of Claims. NOTE: this provision is not applicable to residents of the province of Quebec. Unless you give us notice of opt-out within five (5) business days of your first use of the Service, addressed to: 2055 Sugarloaf Circle, Suite 300 Duluth, GA 30097 (Attn: Legal Department), all actions or proceedings arising in connection with, touching upon or relating to any Dispute, or the scope of the provisions of this Section, shall be submitted to JAMS (www.jamsadr.com) for final and binding arbitration under its Comprehensive Arbitration Rules and Procedures if the matter in dispute is over $250,000 or under its Streamlined Arbitration Rules and Procedures if the matter in dispute is $250,000 or less, to be held in Duluth, Georgia, before a single arbitrator. If the matter in dispute is between FOX and a consumer, the matter shall be submitted to JAMS in accordance with its Policy on Consumer Arbitration Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by JAMS. We may have the right to pay the JAMS fees if required for arbitration to be enforceable. If you are a consumer, you have the right to an in-person hearing. The arbitration shall be a confidential proceeding, closed to the general public; provided, however, that a party may disclose information relating to the arbitration proceedings to its and its affiliates’ lawyers, insurance providers, auditors and other professional advisers. The fact that there is a dispute between the parties that is the subject of arbitration shall be confidential to the same extent. The parties may engage in the discovery or exchange of non-privileged information relevant to the dispute. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. Neither party shall be entitled or permitted to commence or maintain any action in a court of law with respect to any matter in dispute until such matter shall have been submitted to arbitration as herein provided and then only for the enforcement of the arbitrator’s award; provided, however, that prior to the appointment of the arbitrator or for remedies beyond the jurisdiction of an arbitrator, at any time, either party may seek pendente lite relief (subject to the provisions of these Terms and Conditions waiving or limiting that relief) in a court of competent jurisdiction in the State of Georgia, Gwinnett County, United States of America or, if sought by FOX, such other court that may have jurisdiction over you, without thereby waiving its right to arbitration of the dispute or controversy under this Section; provided further, however, that the losing party shall have fifteen (15) business days after the issuance of the arbitrator’s decision to fully comply with such decision, after which the prevailing party may enforce such decision by a petition to the court or, in the case of you, such other court having jurisdiction over you, which may be made ex parte, for confirmation and enforcement of the award.

E. Limitation on Injunctive Relief. NOTE: THIS PROVISION IS NOT APPLICABLE TO RESIDENTS OF THE PROVINCE OF QUEBEC. AS PERMITTED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE ONLINE SERVICES, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS (WITHOUT LIMITATION) THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, SUBMITTED MATERAILS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY FOX PARTY (INCLUDING YOUR LICENSED SUBMITTED MATERIALS) OR A LICENSOR OF FOX.

F. Class Action Waiver. NOTE: this provision is not applicable to residents of the province of Quebec. As permitted by applicable law, both you and FOX waive the right to bring any Dispute as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any Dispute brought by anyone else. Notwithstanding any provision in the JAMS Comprehensive Arbitration Rules and Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the Disputes of different persons into one proceeding. Notwithstanding the arbitration provision set forth above, if the provision regarding waiver of class, collective, representative, and private attorney general claims of this Section 23 is found to be void or otherwise unenforceable, any such class, collective, representative, or private attorney general claims must be heard and determined through an appropriate court proceeding, and not in arbitration.

G. Jury Waiver. NOTE: this provision is not applicable to residents of the province of Quebec.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON OR RELATING TO THESE TERMS AND CONDITIONS, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.

H. Small Claims Matters. NOTE: this provision is not applicable to residents of the province of Quebec. Notwithstanding the foregoing, either of us may bring qualifying claim of General Dispute (but not IP Disputes) in small claims court.

I. NOTE: this provision is not applicable to residents of the province of Quebec. The provisions of this Section 23 shall supersede any inconsistent provisions of any prior agreement between the parties. This Section 23 shall remain in full force and effect notwithstanding any termination of your use of the Online Services or these Terms and Conditions.

24. Language/Langue

The parties hereby consent to these Terms and Conditions being drawn up exclusively in English and to have all related documents be drawn up in English only. Les parties consentent à ce que ce contrat soit rédigé exclusivement en anglais et à ce que tous les documents qui s’y rattachent soient uniquement en anglais.

25. Supplemental Terms.

Getty Images Notice:

Getty Images' still images and visual representations (including, without limitation, from Getty Images wholly-owned Sport, MLB, NHLI, AFP Sport, and Bongarts Sports) may not be republished, retransmitted, reproduced, downloaded or otherwise used, except for downloading for personal, non-commercial use.

You are not authorized to download and/or use, copy or post any photos or images from the Online Services without prior permission from FOX.

26. SMS and Mobile Services

You may receive text messages or calls from us related to certain products or services. If you access the Online Services via your mobile phone, we do not currently charge for this access. However, if you access the Online Services using your mobile phone or provide a mobile phone number to us in order to be contacted by voice or text message, your carrier's normal rates and fees will still apply. To find out more about how we use information regarding your mobile device, including your phone number, review our Privacy Policy.

27. Contact Info.

Contact us at legal@ridefox.com if you have any questions.

For any questions related to sales, please contact:

Fox Factory, Inc.
2055 Sugarloaf Circle, Suite 300
Duluth, GA 30097
1-800-369-7469