BDS Performance Towing | Terms of Use

BDS PERFORMANCE TOWING PRODUCT AND SERVICES
TERMS OF USE

Effective Date: November 2, 2026

These BDS Performance Towing Terms of Use (“Terms” or “TOU”) are between you and Fox Factory, Inc. (“Fox,” “we,” or “us”) and apply to the BDS Performance Towing product (the “Product”) and related mobile app (the “App”) (together, the “Service”) used in connection with your vehicle (“Vehicle”).

You may access the Service conditioned upon your acceptance of these TOU.

BY AGREEING AND/OR BY ACCESSING OR USING THE SERVICE, YOU REPRESENT THAT YOU ARE AUTHORIZED TO USE THE SERVICE AND THAT YOU AGREE TO BE BOUND BY THE CURRENTLY POSTED TOU. SUBJECT TO SECTION 6.2 BELOW, CONTINUED USE OF THE SERVICE FOLLOWING POSTING OF ANY CHANGES TO THE TOU CONFIRM ACCEPTANCE OF THOSE CHANGES.

USE OF THE SERVICE IS OFFERED TO YOU CONDITIONED UPON YOUR ACCEPTANCE OF THESE TOU WITHOUT ANY MODIFICATIONS. THE TOU CONTAIN DISCLAIMERS OF WARRANTIES AND LIABILITY. THESE PROVISIONS FORM AN ESSENTIAL PART OF OUR BARGAIN.

If you do not agree with these TOU, you should not use our Service.

Notice Regarding Dispute Resolution: These TOU contain provisions governing how claims you and Fox have against each other are resolved (see Legal Disputes and Arbitration Section below), which will, subject to limited exceptions, require you to submit claims you have against us to binding arbitration, unless you opt-out in accordance with the Legal Disputes and Arbitration Section below.

  1. Service
  2. Notice to California Residents
  3. Notice to Residents of Colorado, Connecticut, Nebraska, Texas, Utah, and Virginia
  4. Authorized Users and Use; Limitations.
  5. Registration
  6. Grant of License; License Restrictions
  7. Consent to Transmission and Use of Data; License and Aggregate Data; Compliance with Laws
  8. Modification of Services
  9. No Warranties
  10. Limitation of Liability
  11. Indemnification
  12. Intellectual Property Rights
  13. Suspension, Discontinuation or Cancellation of Service
  14. Severability
  15. International
  16. Legal Disputes and Arbitration
  17. Governing Law
  18. General Provisions

1.   SERVICE

The Service is designed to control the Product installed in your Vehicle, including the Electronic Control System (“ECU”), compressor, exhaust valve, sensors, and air-spring plumbing over Bluetooth to display system status and pressure and to command pressure targets/presets. The personal information collected by the Service and the uses of such personal information are as set forth in the BDS Performance Towing Product Notice at Collection (“Notice at Collection”) here. The installation of the Product in your Vehicle constitutes your acceptance of these TOU.

The features of the Service may change from time to time, including but not limited to the types of Data to be transferred/monitored, forms of reports, etc. as detailed in the Notice at Collection. Your access to the Service takes effect when you have accepted these TOU and will continue in effect until terminated by you or Fox as permitted in these TOU.

The Service may be subject to additional terms and conditions posted when you access the Service.

The availability of the Service may be affected, inter alia, by planned and unplanned maintenance periods, technology upgrades and as otherwise set forth in these TOU or any description of the Service.

WARNING: THE DELETION OF YOUR ACCOUNT WILL RESULT IN THE DELETION OF ALL ASSOCIATED DATA. IF YOU DELETE YOUR ACCOUNT WE CANNOT GUARANTEE THAT YOU WILL BE ABLE TO RECOVER ANY SAVED SETTINGS OR INFORMATION THAT YOU MAY MAINTAIN IN THE APP.

2.   NOTICE TO CALIFORNIA RESIDENTS

If you are a California resident, this section applies to you in addition to the rest of the TOU. As detailed in the Notice at Collection, the Service collects certain personal information when you interact with the Service. The Notice at Collection provides the categories of personal information that the Service collects from consumers and the purposes that information is used for.

Additionally, you have certain rights regarding your personal information.

You have a right to know the personal information collected. You may request up to twice in a twelve-month period that Fox provides you with copies of the specific personal information the Service collected, sold, or disclosed about you. However, your right to know does not apply if fulfilling the request would violate other laws, compromise legal privilege, or interfere with a criminal or internal investigation.

You have a right to delete. You may request that we delete certain personal information collected about you, with certain exceptions.

You have a right to correct. You may request that we correct inaccurate personal information that we maintain about you.

You have a right to ask once per year whether your personal information was shared with third parties for direct marketing purposes under California’s “Shine the Light” law.

To exercise your rights, please submit a request to us by sending a detailed email with your request to privacy@ridefox.com. Please include (1) the right you are exercising with your name and mailing address and (2) any additional information to verify your identity such as the email address that you use for your user account. We will not discriminate against you if you choose to exercise your rights.

We will try to respond to your request within 45 days. If we require more time, we will contact you and inform you of the reason that an extension is necessary. We will deliver our response by mail or electronically. To the extent that we cannot comply with your request for any reason, we will explain those reasons to you.

3.   NOTICE TO RESIDENTS OF NEBRASKA, TEXAS, AND VIRGINIA

If you are a resident of Colorado, Connecticut, Utah, or Virginia, this section applies to you in addition to the rest of this TOU.

You have certain rights regarding your personal information.

You have the right to correct. You may request that we correct inaccurate personal information that we maintain about you.

You have the right to delete. You may request that we delete certain personal information we have collected about you, with certain exceptions.

You have the right to access information maintained about you. You have the right to confirm whether we are processing your personal information and to access such personal information, and, under certain circumstances, to receive a copy of such personal information.

To exercise your rights, please submit a request to us by sending a detailed email with your request to privacy@ridefox.com. Please include (1) the right you are exercising with your name and mailing address and (2) any additional information to verify your identity such as the email address that you use for your user account. We will not discriminate against you if you choose to exercise your rights.

We will try to respond to your request within 45 days. If we require more time, we will contact you and inform you of the reason that an extension is necessary. We will deliver our response by mail or electronically. To the extent that we cannot comply with your request for any reason, we will explain those reasons to you.

If you are a resident of Nebraska, Texas or Virigina, you have a right to appeal our refusal to take action on any request made above within 30 days of receipt of our decision by contacting us as stated above. We will try to inform you of our decision on your appeal request within 45 days or inform you of the reason an extension is required. If you are a resident of Nebraska or Texas, we will try to respond to you within 60 days. If your appeal is denied or if you have concerns about the results of an appeal, you may contact your state’s attorney general by clicking the appropriate link below.

4.   AUTHORIZED USERS AND USE; LIMITATIONS

4.1  Authorized Users. You agree that the Service will be accessed and used only by you (“Authorized User”). You are responsible to assure that your access credentials are used only by you as the Authorized User and no other person.

4.2  Connectivity. We are not responsible for problems with or failures of Bluetooth or other electronic communications beyond our control.

4.2  Limitations on Use. You understand and acknowledge that the Service is not intended to be used for any emergency, mission critical or safety-related use or application or other ultra-hazardous activities and you shall not use the Service in that manner.

4.3  Eligibility for Use of the Services. You must be at least 18 years old, or under the supervision of a parent or guardian, or the age of majority as determined by the laws of your state of residency, to assume the obligations set forth in these TOU. You are solely responsible for the use of the Service in your Vehicle, even if you are not the one using it, and even if you later claim the use was not authorized.

5.   REGISTRATION

5.1  Account. In order to log on to the App and use the Service, you will need to create an account and activate it with credentials that you create. In the process of creating the account and access credentials you will be asked to provide true, accurate, current and complete information, such as email address and information related to your vehicle’s make, model, and year, and to update such information as necessary. Should we have reasonable grounds to suspect that any information provided in relation to you is inaccurate, incomplete or untrue, we have the right to suspend or terminate your right to access and use the Service.

5.2  Access & Password; Security. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur on the App under your designated username and password. We may require you to change your designated username in the event we determine, in our sole discretion, that any username is offensive or for any other reason. You agree to immediately notify Fox of any unauthorized use of your username, password, or any other breach of security, and to ensure that you logout at the end of each session. You acknowledge that Fox cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

6.   GRANT OF LICENSE; LICENSE RESTRICTIONS

6.1  Limited License. Subject to your compliance with these TOU, Fox grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license (without the right to sublicense) to use the Service. All rights not expressly granted to you herein are reserved by Fox and its suppliers and licensors.

6.2  License Restrictions - No Misuse of Services. Your use of the Service is limited to those uses expressly permitted under these TOU. As a condition of your use of the Service, you agree that you will not use it for any purpose that is unlawful or prohibited by these TOU. We may restrict or cancel the Service to you if there is a reasonable suspicion of, or any actual misuse or fraudulent use by you. You will be responsible for any costs incurred by us or any other party (including attorneys’ fees) as a result of such misuse or fraudulent use. You may not: (i) reproduce, modify, publish, distribute, publicly display, adapt, alter, translate, or create derivative works from the Service, or any Third Party Software/Services; (ii) merge any Service-related software or Third Party Software/Services with other software; (iii) sublicense, lease, sell, rent, loan, or otherwise transfer the Service or associated software or Third Party Software/Services to any third party; (iv) reverse engineer, de -compile, disassemble, or otherwise attempt to derive the source code for any Service-related software, including any Third Party Software/Services; (v) otherwise use or copy the Service or associated software or Third Party Software/Services except as expressly allowed under the TOU, including this Section 4; (vi) use the Service or associated software or Third Party Software/Services in a “service bureau” or similar structure whereby third parties obtain use of the Service or Third Party Software/Services through you; (vii) remove, obscure, or alter any copyright, trademark, or other proprietary notices embedded in, affixed to or accessed in conjunction with the Service and/or associated software; (viii) damage, disable, overburden, interfere with, disrupt or impair the Service, or servers or networks connected to them, in any manner; (ix) interfere with any other party’s access, use or enjoyment of the Service in any manner; (x) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, laws and regulations related to export; or (xi) impersonate any person or entity or misrepresent your affiliation with a person or entity.

6.3  Third-Party Software/Services. You hereby acknowledge and agree that any Third-Party Software/Services that may be bundled with the Service are being provided to you by third-party suppliers and not by Fox. You hereby acknowledge and agree that your access or use of any such Third-Party Software/Services is governed by such third party’s terms of use, end user license agreement or other like agreement, and in absence of such terms or agreement, by these TOU. FOX EXPRESSLY DISCLAIMS ANY LIABILITY IN CONNECTION WITH ANY THIRD-PARTY SOFTWARE OR SERVICES OR YOUR USE THEREOF.

7.   CONSENT TO TRANSMISSION AND USE OF DATA; LICENSE AND AGGREGATE DATA; COMPLIANCE WITH LAWS

7.1  Consent to Data Transmission and Use. You acknowledge that Fox retains all rights, title and interest in and to the data transmitted to or from the Service and any interest you may have therein is hereby assigned to Fox. The data transmitted may include such information that is described in the service description and the Notice at Collection here.

Data is processed on your behalf. You agree to permit the Service to transfer data to Fox Parties (defined below).

Certain information (feeds, definition files, etc.) may be synchronized or updated automatically from time to time via the Service, including when: (i) the Service is successfully installed by you; (ii) you fail to install the Service successfully; (iii) the Service has been successfully configured and / or (iv) the Service is uninstalled. You may be required to download software (Service-related or otherwise) and we may automatically update the software installed on the Product when a new version is available.

Data may be transmitted and used via the Service for the following purposes: (a) providing the Service to you; (b) supporting or maintaining the Product; (c) other pertinent machine information regarding your Service-connected Vehicle; (d) evaluating or improving the Service and/or other products and services; and (e) complying with legal requirements and valid court orders, as applicable. Fox may also combine the data received from the Product with that of other users of the Service to create aggregated data (“Aggregated Data”) for the principal purposes of tracking trends and improving the Service. Fox may disclose some or all of the collected data, as well as Aggregated Data, with its vendors who help provide the Service to you and to governmental entities, as required and/or permitted by applicable law.

7.2  License and Aggregate Data. To the extent that you have any ownership or other interests in the data, you hereby grant to Fox, our service providers, other vendors, licensors, and affiliates, a non-exclusive, perpetual, worldwide, paid-up, and irrevocable license to use, process, manipulate and/or modify, copy, perform, compile and create derivative works from the data, including using the data for any lawful business purpose. All other data and information that is collected, transmitted, recorded, or accessed by or through the Service that is not data identifiable to you, and all data, reports, derivative works, compilations, modifications and other materials created from or with use of data will be, in each case, the sole and exclusive property of Fox; and you, on your behalf, hereby assign all of your and their right, title and interest, if any, in and to such items to Fox without any fees and without rights to future royalties.

7.3  You agree that you shall not (directly or indirectly) export, re-export, import, transfer, or divert the Service or confidential information in whole or in part (i) without all necessary authorizations required by law, or (ii) to any prohibited destination or to any prohibited person, entity or end user as specified by U.S. export control laws. You agree to comply with all applicable local laws of the jurisdictions in which you conduct business, including the laws and regulations of the United States and of other jurisdictions (national, state and local) to the extent that they may govern your use of the Services and confidential information and performance of your other activities under this TOU. You will indemnify and hold Fox harmless for all costs, damages, fines, or other expenses and liabilities (including attorneys’ fees) incurred by Fox arising from your failure to comply with these TOU, which shall also be considered a material default hereof entitling Fox to immediately terminate this TOU in addition to any other remedy available at law or equity. Your obligations under this provision shall survive the termination of this TOU for any reason whatsoever.

8.   MODIFICATION OF THE SERVICE

8.1  Fox may, at any time, modify, suspend or permanently discontinue the Service, or any portion of it, with or without advance notice. Fox will not be liable to you or to any third party for any such modification, suspension or discontinuance.

8.2  Fox may modify and update this TOU. Your continued use of the Service following the effective date of any such changes will constitute confirmation of your acceptance of the updated TOU.

9.   NO WARRANTIES

AS PERMITTED BY APPLICABLE LAW, FOX, ITS DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, SUPPLIERS, AFFILIATES, PARTNERS, SERVICE PROVIDERS, AND AGENTS (EACH A “FOX PARTY” AND COLLECTIVELY THE “FOX PARTIES”) DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF THE SERVICE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) THE SERVICE IS PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU; (b) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE FOX PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, (i) WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (ii) WARRANTIES ARISING THROUGH COURSE OF DEALINGS OR USAGE OF TRADE, (iii) WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICE, AND (iv) WARRANTIES THAT ACCESS TO OR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED OR ERROR-FREE; AND (v) THAT YOU WILL ACCESS AND USE THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM(S) OR LOSS OF DATA THAT RESULTS FROM SUCH ACCESS AND USE.

NOTWITHSTANDING YOUR USE OF THE SERVICE - AND REGARDLESS OF ANY INFORMATION PROVIDED THROUGH IT (WHETHER ACCURATE OR INACCURATE) REGARDING THE OPERATION, MAINTENANCE OR PERFORMANCE STATUS OF YOUR VEHICLE - YOU REMAIN SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISK RELATED TO, THE PROPER OPERATION, SUPPORT AND MAINTENANCE OF SAID VEHICLE. YOU AGREE THAT YOU ARE SOLELY LIABLE AND WILL NOT SEEK RESTITUTION FROM ANY FOX PARTY FOR ANY DAMAGE OR LOSS RELATED TO OR ARISING OUT OF ANY ACTION TAKEN BY YOU, BASED ON DATA OBTAINED FROM THE SERVICE, INCLUDING, BUT NOT LIMITED TO, UTILIZING OR ACTIVATING ANY FEATURE ON THE PRODUCT THAT MAY IMPACT THE OPERABILITY, PERFORMANCE, AND FUNCTIONING OF YOUR VEHICLE.

YOU ARE RESPONSIBLE FOR ANY RISK OF LOSS FOR ANY ITEMS REQUIRED TO COMMUNICATE WITH OR THROUGH THE SERVICE, INCLUDING, WITHOUT LIMITATION, DUE TO VEHICLE FAILURE, THEFT, FIRE, COLLISION, TAMPERING, AND VANDALISM.

THERE ARE NO WARRANTIES THAT EXTEND BEYOND THOSE EXPRESSLY GRANTED IN THESE TOU.

10.   LIMITATION OF LIABILITY

AS PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL THE FOX PARTIES BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, THIRD PARTY OR CONSEQUENTIAL (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, INTERRUPTION OR DISABLING OF THE SERVICE, LOSS OF DATA, LOSS OF BUSINESS INFORMATION, VIRUS INFECTIONS, SYSTEM OUTAGES AND THE LIKE) ARISING OUT OF, BASED ON OR RESULTING FROM THESE TOU OR YOUR ACCESS TO, USE OF, MISUSE OF OR INABILITY TO USE THE SERVICE, EVEN IF FOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING DAMAGES INCURRED BY THIRD PARTIES). THE EXCLUSION OF DAMAGES UNDER THIS SECTION 10 IS INDEPENDENT OF ANY REMEDY PROVIDED UNDER THESE TOU AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER DAMAGES ARISE FROM BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. TO THE EXTENT THAT APPLICABLE LAW DOES NOT PROHIBIT SUCH EXCLUSIONS AND LIMITATIONS, IN NO EVENT WILL FOX’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED ONE HUNDRED THOUSAND US DOLLARS ($100,000).

THE PRECEDING LIMITATIONS OF LIABILITY DO NOT APPLY TO LIABILITIES THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWS, SUCH AS IN THE EVENT OF STATUTORILY MANDATED LIABILITY (INCLUDING LIABILITY UNDER APPLICABLE PRODUCT LIABILITY LAW) IN NEW JERSEY OR ELSEWHERE OR IN THE EVENT OF PERSONAL INJURY ARISING SOLELY FROM A FOX PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

11.   INDEMNIFICATION

AS PERMITTED BY APPLICABLE LAW, UPON OUR REQUEST, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF THE FOX PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, DEMANDS, ACTIONS OR OTHER PROCEEDINGS BROUGHT AGAINST IT BY ANY THIRD PARTY DUE TO, ARISING OUT OF OR RELATED TO YOUR (A) VIOLATION OF THESE TOU, OR (B) YOUR VIOLATION OF ANY LAW, REGULATION OR THIRD PARTY RIGHTS.

You shall pay any and all costs, damages and expenses, including, without limitation, reasonable attorneys’ fees and costs awarded against or otherwise incurred by a Fox Party in connection with or arising from any such claim, lawsuit, action, demand or other proceeding. A Fox Party may, at its own expense, assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with such Fox Party in asserting any available defenses.

12.   INTELLECTUAL PROPERTY RIGHTS

12.1  You hereby agree and acknowledge that Fox and its licensors (and as applicable, third-party suppliers of any software you may license in connection with the Service) own all right, title and interest in and to all Intellectual Property Rights (defined below) in connection with or relating to the Service. “Intellectual Property Rights” means any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary or moral rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You will have no right, license, or interest therein, expressly or impliedly, except for any license expressly granted herein. Fox or its licensors, as the case may be, will own all right, title and interest in and to any replacements, improvements, updates, enhancements, derivative works and other modifications (including, without limitation, the incorporation of any ideas, methods or processes provided by or through you) to Intellectual Property Rights made by any person, even if paid for by you and regardless of whether or not they are similar to any of your Intellectual Property Rights. You will undertake any and all action necessary to vest such ownership in Fox, including without limitation assigning (and you hereby assign) to Fox all rights in and to such Intellectual Property Rights, including, without limitation, patent applications, patents, moral rights and copyrights arising from or relating to the Service.

12.2  You acknowledge that all trademarks, service marks, and logos (collectively, “Marks”) that appear throughout the Service belong to Fox or the respective owners of such Marks and are protected by U.S. and international trademark and copyright laws. Any use of any of those Marks without the express written consent of Fox or the owner of the Mark, as applicable, is strictly prohibited. Fox may, in appropriate circumstances and at its sole discretion, disable and/or terminate the accounts of Authorized Users who may be infringing the Intellectual Property Rights of others.

13.   SUSPENSION, DISCONTINUATION OR CANCELLATION OF SERVICE

Fox may suspend your access to the App and terminate your right to use the Service without liability, if:

(i) you violate the TOU or any other valid agreement with Fox; or

(ii) Fox has reason to believe that you, any of your agents or any third parties are abusing the Service or using it fraudulently or unlawfully.

14.   SEVERABILITY

In the event any provision or part of these TOU is found to be invalid or unenforceable, only that particular provision or part so found, and not the entire Agreement, will be inoperative.

15.   INTERNATIONAL

Fox makes no representation that Services are appropriate or available for use in locations outside the United States or in territories where the Service is illegal is prohibited. If you choose to access the Service from locations outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.

16.   NOTICES AND ELECTRONIC COMMUNICATIONS

When you send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the App. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may update your e-mail address by visiting the location on the App where you have provided contact information. If you do not provide Fox with accurate information, Fox cannot be held liable if it fails to notify you. Any other communications should also be sent to that address.

17.   LEGAL DISPUTES AND ARBITRATION

17.1  Initial Dispute Resolution. Please submit any concerns you may have regarding your use of the Service to: legal@ridefox.com. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.

17.2  Terms of Service and Arbitration Agreement. If any dispute should arise between the parties which cannot be resolved through negotiation, the parties shall endeavor to settle the dispute by arbitration. Either party may request in writing that the other party arbitrate the dispute; such notice shall set forth the subject of the dispute and the relief requested. Unless the parties otherwise agree, the arbitration shall be conducted by an arbitrator affiliated with and under the rules of JAMS or the International Institute for Conflict Prevention and Resolution (formerly known as the CPR Institute for Dispute Resolution). The selection of an organization by the parties shall be made within ten (10) business days after a party requests arbitration of a dispute pursuant to this provision. If an organization/judge and applicable rules have not been agreed upon within such ten (10)-day period, then the dispute shall be arbitrated by a single neutral arbitrator chosen by JAMS. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial.

17.3  Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that a case or arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

17.4  Exception – Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

17.5  Exclusive Venue for Litigation. Solely to the extent the arbitration provisions set forth above do not apply, or for purposes of either party enforcing an award granted to it pursuant to arbitration, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Gwinnett County, Georgia (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Gwinnett County, Georgia for any litigation other than small claims court actions. The parties irrevocably consent to personal jurisdiction in Gwinnett County, Georgia for any litigation and hereby waive, for all purposes, their right to challenge the lack of personal jurisdiction of Gwinnett County, Georgia over any litigation arising in connection with, out of, or as a result of (a) these TOU or the Service, and (b) any acts or omissions of any of the Fox Parties Entities in connection with these TOU or the Service. The prevailing party in any dispute or legal action resolved in litigation in court shall be entitled to recover from the other party its reasonable attorneys’ fees and costs of suit in addition to any other relief granted by the court.

17.6  Timing of Claims. You must bring any claim you have against Fox relating to these Terms or the Service within one (1) year from the date of accrual of the applicable claim.

18.   GOVERNING LAW

The TOU are governed by and construed in accordance with the laws of the State of Georgia and applicable United States federal law, without reference to “conflicts of laws” provisions or principles.

19.   GENERAL PROVISIONS

These TOU and/or any other valid agreement between you and Fox for use of the Service, constitute the entire agreement between you and Fox and govern your use of the Service, superseding any and all prior agreements, negotiations and communications (whether written, oral or electronic) between you and Fox with respect to the subject matter hereof. No change, modification, or waiver of the TOU will be binding on Fox unless made in writing, with Fox’s approval. Any rights not otherwise expressly granted under the TOU are reserved by Fox. The failure of Fox to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any part of the TOU is held invalid or unenforceable, by a court of competent jurisdiction, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of Fox, and the remaining portions shall remain in full force and effect.