Terms and Conditions
Effective date: December 15, 2021
The following terms and conditions (the “Terms and Conditions”) govern your use of the website at https://shop.ridefox.ca , any purchases made through the website, or any application provided to you by RFE Holding (Canada) Corp., Fox Factory, Inc., or any of their subsidiaries or brands(all entities collectively, “FOX”) which FOX associates with these Terms and Conditions, and any content, features or functionality made available from or through this website, including any subdomains thereof, or application (the “Website”). The Website is made available by Fox Factory, Inc., or its subsidiaries (“we” or “us” or “our”), each of which have adopted these Terms and Conditions with regard to its website. 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 Website. BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE WEBSITE. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Website.
1. Proprietary Rights.
As between you and us, we own, solely and exclusively, all rights, title and interest in and to the Website, 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 Website, and the compilation of the content, code, data and materials on the Website, 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. Your use of the Website does not grant to you ownership of any content, code, data or materials you may access on or through the Website.
2. Limited License.
You may access and view the content on the Website on your computer or other device. Unless otherwise specifically indicated in these Terms and Conditions or on the Website, use of the Website and the services offered on or through the Website, are only for your personal, non-commercial use.
3. Prohibited Use.
Unless expressly allowed herein or on the Website, 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 Website. 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 Website, 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 Website, any commercial or promotional distribution, publishing or exploitation of the Website, or any content, code, data or materials on the Website, 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 Website. If you make other use of the Website, or the content, code, data or materials thereon or available through the Website, except as otherwise provided above, you may violate copyright and other laws of the United States, Canada, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
Please note that the Website is not targeted at children under the age of 13, and they are not permitted to use the Site. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the Website, you affirm you are at least 13 years old.
The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Website or on content available through the Website are our registered and unregistered Trademarks or are owned by others and used with permission or license. All Trademarks not owned by us that appear on the Website or on or through the Website’s services, if any, are the property of their respective owners. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without our prior written permission or that of the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Website or on or through any of the Website’s services is strictly prohibited.
5. User Information.
6. Submitted Materials Licenses.
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 this Agreement, FOX reserves the right to determine, in its sole discretion, if such a violation has occurred, and to remove any such submission from the Website. Moreover, FOX reserves the right in its sole discretion to edit or remove any videos or other Submitted Materials, at any time, for any reason, and without any notice.
IMPORTANT: IF YOU ARE UNDER THE AGE OF 18 OR THE AGE OF MAJORITY WHERE YOU RESIDE, FOX WILL NOT CONSIDER YOUR SUBMITTED MATERIALS OR CONTENT WITHOUT YOUR PARENT OR GUARDIAN'S CERTIFICATION THAT THEY CONSENT TO YOUR SUBMITTED MATERIALS OR CONTENT AND APPROVED THE ACTIVITIES INVOLVED WITH OR DEPICTED IN YOUR SUBMITTED MATERIALS OR CONTENT BEFORE YOU BEGAN PRODUCING IT.
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 Website and the various services, features and functionality offered on or through the Website, 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 Website’s 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 Website), or, except as otherwise specifically authorized in these Terms and Conditions or on the Website, 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 Website. 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 Website or the services offered on or through the Website, including without limitation any information residing on any server or database connected to the Website or the services offered on or through the Website; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iii) use the Website or the services made available on or through the Website in any manner that could interrupt, damage, disable, overburden, or impair the Website or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use the Website or the Website’s services or features in violation of our or any third party’s intellectual property or other proprietary or legal rights; or (v) use the Website or the Website’s 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 Website or the Website’s services, or any content thereof, or make any unauthorized use thereof. You agree that you shall not use the Website in any manner that could interfere with any other party’s use and enjoyment of the Website 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 Website.
9. Public Forums.
We may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through the Website. In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you shall not upload, post, transmit, distribute or otherwise publish through the Website or any service or feature made available on or through the Website, any materials which (i) restrict or inhibit any other user from using and enjoying the Website or the Website’s services, (ii) are fraudulent, unlawful, threatening, abusive, harassing, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, violation of law, give rise to civil liability or otherwise violate any local, state, provincial/territorial, national or international law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus, spyware, or other harmful component, (vi) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including us or our personnel. You also may not offer to buy or sell any product or service on or through your comments submitted to our forums, product review pages, blogs, message boards, chat services, or any other such services available on or through the Website. You alone are responsible for the content and consequences of any of your activities.
10. Right to Monitor and Editorial Control.
11. Private or Sensitive Information on Public Forums and in Submitted Materials.
It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on our Website and elsewhere on the Internet. Such comments are likely to be accessible for a long time, and you have no control over who will read them eventually. It is therefore 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 your comments to our public forums or in any Submitted Materials.
12. Linking to the Website.
Unless otherwise specifically indicated in these Terms and Conditions or on the Website, you agree that: (i) if you include a link from any other Website to the Website, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of this Website; (ii) you are not permitted to link directly to any image hosted on the Website or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another Website; and (iii) you agree not to download or use images hosted on this Website on another Website, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other Website to this Website in any manner such that the Website, or any page of the Website, is “framed,” surrounded or obfuscated by any third party content, materials or branding, and you may not in any other manner link to the Website in a manner that suggests or implies you are affiliated with or endorsed by us, without out prior written approval. We reserve all of our rights under the law to insist that any link to the Website be discontinued, and to revoke your right to link to the Website from any other Website at any time upon written notice to you.
You agree to defend, indemnify and hold us and our affiliates and our and our affiliates’ respective directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including attorneys’ fees, arising in any way from your use of the Website and any Submitted Materials you may submit or post, your placement or transmission of any message, content, information, software or other materials through the Website, or your breach or violation of the law or of these Terms and Conditions. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
14. Orders for Products and Services, Payment.
We may make certain products or services available to visitors and registrants of the Website. If you order any products or services, you hereby represent and warrant that you are 18 years old or older and able to enter a binding contract where you reside.
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. We reserve the right, in our sole and absolute discretion, to change the permitted methods of payment, including without limitation, the credit cards and/or other types of payment options we are able to accept, at any time.
You will be billed for your order at the time your order is placed. You agree to pay all applicable taxes and specified shipping and handling and other fees. Applicable taxes will be charged at the time you are billed. Applicable sales tax will also be applied to the shipping and handling, return shipping and gift packaging or other charges. Taxes may depend on delivery location. If complete payment for your order is not received and verified by us, your order will not be processed. If you do not complete or improperly complete your order it may not be accepted or acknowledged.
Unless otherwise indicated, all dollar amounts on the website are in Canadian Dollars. We reserve the right, in our sole and absolute discretion, to change the prices offered on the Website at any time.
Certain products or services that you purchase and/or download on or through the Website may be subject to additional terms and conditions presented to you at the time of such purchase or download.
When you place an order on our Website, we will ship your order to the address provided by you as long as that shipping address is within Canada. Purchases will only be shipped to a valid mailing address (as we determine in our sole and absolute discretion). However, please note that we may not be able to ship to all valid addresses and, in such circumstances, we reserve the right in our sole and absolute discretion to cancel your order. The estimated delivery date will be provided with your order; however, as we use a third party to deliver orders, it is possible that your order will arrive before or after the estimated delivery date.
Please note that multiple orders may not always be shipped together. In addition, depending on the size of your order you may receive several shipments to complete your order.
16. Exchanges and Returns
Please see our return and exchange policy at: https://shop.ridefox.ca/pages/returns.
17. We May Limit Orders
Without limiting the generality of any other section of these Terms and Conditions, we reserve the right to limit or refuse any order you place with us. Further, we reserve the right to verify the validity of all orders and/or cancel any order if we find evidence of fraud, tampering and/or any other violation of these Terms and Conditions. We may, in our sole and absolute discretion, limit or cancel quantities purchased per person, per household or per order with or without notice. These restrictions may include orders placed by or under the same account, the same credit card or other means of payment, and/or orders that use the same billing and/or shipping address. We also reserve the right, in our sole and absolute discretion, not to ship items ordered or purchased through a Website to certain addresses. In the event that we are unable to or choose not to ship an item, you will be notified accordingly and the amount for that item charged in relation to your order will be reduced accordingly. We also reserve the right at our sole discretion, to prohibit sales to distributors or resellers.
18. Verification of Orders.
All orders are subject to verification by us at any time and for any reason. We reserve the right, in our sole and absolute discretion, to require proof of identity (in a form acceptable to us): (i) for the purposes of verifying the legitimacy of any order and/or other information; and/or (ii) for any other reason we deem necessary, in our sole and absolute discretion, for the purposes of fulfilling an order in accordance with our interpretation of the terms and conditions of this Agreement. In order to help protect you and us from fraudulent transactions, we may provide your transaction-related information to a reputable third party organization to perform a verification.
19. Third Party Websites.
You may be able to link from the Website to third party Websites and third party Websites may link to the Website (“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 Websites or the information, content, products, services, advertising, code or other materials presented on or through such Websites. The inclusion of any link to such sites on our Site does not imply our endorsement, sponsorship, or recommendation of that site. FOX disclaims any liability for links (i) from another Website to this Website and (ii) to another Website from this Website. FOX cannot guarantee the standards of any Website to which links are provided on this Website 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 Website 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 or any form of transmission received from any linked Website, or for the information and privacy practices of such sites. Any reliance on the contents of a third party Website is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
20. Embedded Video Links.
21. Copyright Agent.
We respect the intellectual property rights of others, and require that the people who use the Website, or the services or features made available on or through the Website, do the same. If you believe that your work has been copied on the Website 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), named below:
• Your address, telephone number, and email address;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the alleged infringing material is located;
• 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;
• An 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 Factory, Inc.
Attn: Legal Department
2055 Sugarloaf Circle, Suite 300
Duluth, GA 30097
Please Note: For Usage and/or Other Permission Requests, please contact:
22. DISCLAIMER OF WARRANTIES.
TO THE FULLEST EXTENT PERMITED BY APPLICABLE LAW, THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, FEATURES, CONTENT, FUNCTIONS AND MATERIALS PROVIDED THROUGH THE WEBSITE, 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 WEBSITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS PROVIDED THROUGH THE WEBSITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEBSITE 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 WEBSITE 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 WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE WEBSITE. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY CONTENT ON THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE. WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE WEBSITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE, REMOVE, OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE WEBSITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE NEITHER ENDORSE NOR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE WEBSITE, 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 WEBSITE). IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITE. 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.
PRIOR TO THE EXECUTION OF A PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT, YOU ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL ADVISOR TO VERIFY PRICING AND OTHER INFORMATION. WE SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED UPON, OR THE RESULTS OBTAINED FROM, THE CONTENT PROVIDED HEREIN. NOTHING CONTAINED IN THE WEBSITE SHALL BE CONSTRUED AS INVESTMENT ADVICE. WE ARE NOT A REGISTERED BROKER-DEALER OR INVESTMENT ADVISOR AND DO NOT GIVE INVESTMENT ADVICE OR RECOMMEND ONE PRODUCT OVER ANOTHER.
ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE WEBSITE ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED. THE INFORMATION ON THE WEBSITE 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.
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 WEBSITE, 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 WEBSITE OR IN CORRESPONDENCE WITH US OR OUR AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE WEBSITE 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.
23. LIMITATION OF LIABILITY.
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 ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE CONTENT, FEATURES, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEBSITE, 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. 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 WEBSITE. 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 WEBSITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE WEBSITE OR PURCHASE OF PRODUCTS VIA THE WEBSITE.
24. 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 Website and consult a doctor.
25. Applicable Laws.
We control and operate the Website from our offices in the United States of America. We do not represent that materials on the Website are appropriate or available for use in other locations. Persons who choose to access the Website 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. All parties to these terms and conditions waive their respective rights to a trial by jury.
We may terminate, change, suspend or discontinue any aspect of the Website or the Website’s services at any time. We may restrict, suspend or terminate your access to the Website and/or its services if we believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability. We maintain a policy that provides for the termination in appropriate circumstances of the Website use privileges of users who are repeat infringers of intellectual property rights.
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 the new clause, or the amended clause and how it read formerly, and the date on which the change will come into effect. You may refuse the amendment and rescind, or cancel your participation 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, using the information in the notice or provided below.
Your continued use of the Website and/or the services made available on or through the Website after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.
a) For users who are not individuals residing in the province of Quebec, the 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. You agree that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in the State of Georgia, Jackson County, United States of America. You agree to submit to the personal and exclusive jurisdiction of the courts located within Jackson County in the State of Georgia.
b) Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the 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 the Terms and Conditions remain in full force and effect.
c) You agree to the use of electronic signatures and documents. You agree that your and our name and signature shall be affixed to this agreement and constitute your electronic signatures to the same extent as if you had used your written signature.
29. 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 Website without prior permission from FOX.
30. Contact Info.
Contact us at TheShop-Ca@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