EGIFT CARD TERMS & CONDITIONS

NOVEMBER 1, 2022

These Fox Racing eGift Card Terms and Conditions (“Terms and Conditions”) are subject to the Fox Racing Privacy Policy found at https://foxracing.ca/privacy-policy.html (the “Privacy Policy”) and Legal Terms at https://foxracing.ca/legal-terms.html (the “T&Cs of Access”) which are expressly incorporated herein. The T&Cs of Access and the Privacy Policy will apply to the purchase and issurance of eGift Cards and to all information that we receive in relation to the purchase and issurance of an eGift Card. Please read the T&Cs of Access and the Privacy Policy before purchasing an eGift Card. Please note that by accepting these Terms and Conditions you are also accepting the terms of the T&Cs of Access and the Privacy Policy. By purchasing, accepting, or using the eGift Card, you have agreed to these Terms and Conditions and any terms and conditions listed on the eGift Card.

1 General eGift Card Terms and Conditions

1.1 These Terms and Conditions apply to the purchase and distribution of eGift Cards for use on participating and eligible Fox Racing websites in the United States, including: foxraxcing.ca (“Particpating Websites”).

1.2 The eGift Cards are issued by Fox Head, Inc. (referred to as “Fox Racing”).

1.3 We currently only sell or accept eGfit Cards purchased directly from a Participating Website. Currently we do not sell or accept physical gift cards.

1.4 No fees apply to eGift Cards.

1.5 We reserve the right to require additional verification of your identity, eGift Card, or provision of an additional payment instrument before you can apply a eGift Card to a purchase

1.6 Fox Racing may provide eGift Card recipients with information about the redemption status of their eGift Cards.

2 Returns

2.1 eGift Cards are nonrefundable. Once you place your eGift Card order you may not return or cancel your eGift Card. eGift Card sales are final.

3 Checking Your eGift Card Balance

3.1 You can check your gift card balance online at Foxracing.ca/gift-card-balance. The balance you see when viewing the eGift Card balance on line is an estimately only. In most cases, the balance is adjusted immediately when you make a purchase online, but there may be occasions when the updated balance is delayed for a period of time.

4 Lost or Stolen eGift Cards

4.1 eGift Cards will not be replaced if lost, stolen, destroyed or used without your permission. We are not responsible if a eGift Card is lost, stolen, destroyed or used without your permission. eGift Cards have cash value and should be safeguarded accordingly.

5 Limitations

5.1 You may not use a eGift Card to purchase other eGift Cards. eGift Cards cannot be resold, transferred for value, or redeemed for cash, except to the extent required by law. Void if resold, transferred for value, or redeemed for cash. eGift cards do not expire, have no dormancy fees, and are nonrefundable. Resale of eGift Cards are strictly prohibited without Fox Racing’s express written consent. eGift Cards may only be redeemed toward the purchase of eligible goods available on the Particpating Websites. Eligible goods are subject to change in our sole discretion. The initial available balance on a eGift Card will be an amount set at the time of activation and/or purchase. Thereafter, the available balance will be reduced by each use of the eGift Card, subject to any applicable law. You will be able to use the remaining balance on the eGift Card to purchase additional eligible products. Any purchase amount greater than the available balance of your eGift Card must be paid with an alternative accepted method of payment (for example, through use of a credit card). Fox Racing expressly reserves the right to refuse to honor any eGift Card or offer a eGift Card for sale where it is reasonable to suspect fraud in connection therewith. Fox Racing retains the right to refuse to honor a eGift Card to the extent that its current business has terminated. Fox Racing is not responsible for any use of a eGift Card in contravention of these Terms and Conditions.

6 Risk of Loss

6.1 Ownership and risk of loss of eGift Cards passes to the purchaser as soon as we send the confirmation email to the recipient. We are not responsible for lost or stolen eGift Cards.

7 Customer Support

7.1 If you need assistance with the purchase of your eGift Card, please contact Customer Support. Please reference your order number or be ready to supply your email address. If you need assistance with the redemption of the eGift Card, please contact Customer Support.

8 Payment Methods

8.1 eGift Cards may be paid for with a valid VISA, MasterCard, Discover, or American Express.

9 Gift Card Delivery Information

9.1 All eGift Card orders are subject to a process that compares purchaser information provided on the website with information about the purchaser provided by the purchaser's financial institution (credit/debit card charge). If there is a discrepancy, your eGift Card order may be delayed until it can be corrected. If you have concerns about your order, please contact Customer Support. Please reference your order number or be ready to supply your email address. We are not responsible for eGift Cards that are undeliverable or not received due to failure to enter an accurate email address for the recipient.

10 Limition of Liability

10.1 THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC'S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

10.2 Fox Racing is not responsible for incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the purchase of an eGift Card or utilized by you, for any human error, for any interruption, downtime, deletion, omission, defect, or line failure of any telephone network or electronic transmission, for problems relating to computer equipment, software, inability to access any Particpating Website, or for any other technical or non-technical error or malfunction.

10.3 TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL FOX RACING, AS WELL AS FOX RACING’S PARENTS, SUBSIDIARIES, AFFILIATES OR SERVICE PROVIDERS, AND EACH OF THEIR AGENCIES, SUPPLIERS AND OTHER COMPANIES INVOLVED IN THE CREATION, ADMINISTRATION DISTRIBUTION, ISSUANCE OR FULFILLMENT OF ANY EGIFT CARDS (“RELEASEES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PURCHASE OF AN EGIFT CARD OR MERCHANDISE PURCHASED WITH AN EGIFT CARD, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY PURCHASING OR USING AN EGIFT CARD, YOU WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. TO THE FULLEST EXTENT ALLOWABLE BY LAW, THE RELEASEES SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE REDEMPTION ITEMS, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU AGREE TO RELY SOLELY ON THE MANUFACTURER’S WARRANTIES, IF ANY, FOR ANY PURCHASES MADE WITH AN EGIFT CARD.

11 LAW

11.1 All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or your or Fox Racing’s rights and obligations in connection with the purchase of an eGift Card, shall be governed by, and construed in accordance with, the laws of the State of Delaware, without giving effect to any choice of law or conflict of law rules or provisions (whether the State of Delaware, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Delaware.

11.2 For Quebec consumers: These terms and conditions and any dispute of any sort that might arise between you and Fox Racing and its affiliates related to your use of an eGift Card will be governed by the laws of the Province of Quebec and the laws of Canada applicable in Quebec.

12 These Terms and Conditions constitute the entire agreement between purchasers and/or users of an eGift Card and Fox Racing pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings, negotiations, and discussions, whether oral or written.

13 No waiver of any term, provision or condition of these Terms and Conditions, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver. Fox Racing’s rights to enforce any provision of these Terms & Conditions shall not be waived by any failure by it to enforce the strict performance of any provision of these Terms & Conditions.

14 If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.

15 Fox Racing may, in its sole discretion, to the extent permitted by law, at any time amend these Terms & Conditions by posting revised Terms & Conditions. Please check back here for any amendments to these Terms & Conditions. Any amendments shall apply to outstanding eGift Cards and all eGift Card transactions that occur on or after the effective date of the amendments, unless otherwise indicated by Fox Racing. By the acts of purchasing, accepting, and/or using the eGift Card after the effective date of any amendment to these Terms & Conditions, you have communicated your consent to the amendment.

16 Nothing in these Terms and Conditions shall be deemed to exclude or restrict any of your statutory rights as a consumer.