RidePro E5 Mobile App
Terms of Use and Privacy Policy

Last modified: July 10, 2023

Introduction

RT Acquisition Corp. dba Ridetech, a subsidiary of Fox Factory, Inc. (“Company” or “We”) respect your privacy and are committed to protecting it through our compliance with this policy. This policy (the “TOU”) describes:

• The types of information we may collect or that you may provide when you download, install, register with, access, or use the RidePro E5 Mobile App (the “App”).
• Our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies only to information we collect in this App, via email, and other electronic communications sent through this App.

This policy DOES NOT apply to information that:
• We collect offline or on any other Company apps or websites, including websites you may access through this App.
• You provide to or is collected by any third party
• Or any other sources.

Our websites and apps, and these other third parties may have their own privacy policies, which we encourage you to read before providing information on or through them.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not download, register with, or use this App. By downloading, registering with, or using this App, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this App after we revise this policy means you accept those changes, so please check the policy periodically for updates.

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

No Information Collection

We do NOT collect information from and about users of our App except any information you provide directly to us in records and copies of your correspondence (email addresses and phone numbers).

We do NOT utilize information collection or tracking technologies. Third parties do NOT access any information from this App.

How We Use Your Limited Information

We use the information that you provide to us, including any personal information, to:
• Provide you with the App and its contents, and any other information, products, or
services that you request from us.
• Fulfill any other purpose for which you request.

Disclosure of Your Information

We may disclose aggregated information about our users, without restriction.
In addition, we may disclose personal information that we collect, or you provide:
• To our subsidiaries and affiliates.
• To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Ridetech. assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Ridetech. about our App users is among the assets transferred.
• To fulfill the purpose for which you provide it. For example, if you give us an email address to use the “email a friend” feature of our Website or App, we will transmit the contents of that email and your email address to the recipients.
• For any other purpose disclosed by us when you provide the information.
• With your consent.
• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.

Intellectual Property Rights

You hereby agree and acknowledge that Ridetech 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. Ridetech 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 Ridetech, including without limitation assigning (and you hereby assign) to Ridetech 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 App.

You acknowledge that all trademarks, service marks, and logos (collectively, “Marks”) that appear throughout the App belong to Ridetech. 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 Ridetech or the owner of the Mark, as applicable, is strictly prohibited. Ridetech 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.

Suspension, Discontinuation, or Cancellation

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

Ridetech may suspend your access to the App and terminate your right to use the App without liability, if (i) you violate the TOU or any other valid agreement with Ridetech; or (ii) Ridetech has reason to believe that you, any of your agents or any third parties are abusing the App or using it fraudulently or unlawfully.

Your State Privacy Rights

State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information. To learn more about California residents’ privacy rights, visit https://oag.ca.gov/privacy/ccpa.

Data Security

The safety and security of your information also depends on you. Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure.

Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through our App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.

Dispute Resolution

Please submit any concerns you may have regarding your use of the App to: [email protected]. 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.

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.

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.

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. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in the preceding three paragraphs by sending written notice of your decision to opt-out to [email protected]. The notice must be sent within thirty (30) days of creation of an account, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, Ridetech also will not be bound by them.

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 App, and (b) any acts or omissions of any of the Ridetech parties in connection with these TOU or the App. 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.

You must bring any claim you have against Ridetech relating to these Terms of Use and Privacy Policy within one (1) year from the date of accrual of the applicable claim.

No Warranties

AS PERMITTED BY APPLICABLE LAW, RT ACQUISITION CORP., ITS DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, SUPPLIERS, AFFILIATES, PARTNERS, SERVICE PROVIDERS, AND AGENTS (EACH A “RT PARTY” AND COLLECTIVELY THE “RT PARTIES”) DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF THE APP. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) THE APP 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 RT 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 APP, AND (iv) WARRANTIES THAT ACCESS TO OR USE OF THE APP WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED OR ERROR-FREE; AND (v) THAT YOU WILL ACCESS AND USE THE APP 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 APP – 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 RT PARTY FOR ANY DAMAGE OR LOSS RELATED TO OR ARISING OUT OF ANY ACTION TAKEN BY YOU, BASED ON DATA OBTAINED FROM THE APP, 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 APP, 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.

Limitation of Liability

AS PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL THE RT 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 APP, 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 APP, EVEN IF RT ACQUSITION CORP. 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 RT’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 RT PARTY ’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

Indemnification

AS PERMITTED BY APPLICABLE LAW, UPON OUR REQUEST, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS RT ACQUSITION CORP AND THE RT 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 RT Party in connection with or arising from any such claim, lawsuit, action, demand or other proceeding. A RT 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 RT Party in asserting any available defenses.

Electronic Communication

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 Ridetech with accurate information, Ridetech cannot be held liable if it fails to notify you. Any other communications should also be sent to that address.

International Use

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

Governing Law

This document is governed 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.

Changes to Our Privacy Policy

We may update our privacy policy from time to time. If we make material changes to how we treat our users’ personal information, we will post the new privacy policy on this page with a notice that the privacy policy has been updated.

The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you and for periodically visiting this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at: [email protected]