Fox Racing Podium Club Rewards Program
Terms and Conditions
Last Revised: March 3, 2025
PLEASE READ CAREFULLY. By participating in the Fox Racing Podium Club Rewards Program, you agree to the following Terms and Conditions. THESE TERMS AND CONDITIONS INCLUDE AN ARBITRATION CLAUSE AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE LAWSUIT:
1. Overview Rewards Program
1.1. The Fox Racing Podium Club Rewards Program (the “Program”) is a free tiered rewards program sponsored by Fox Head, Inc., with its registered office located at 16752 Armstrong Ave, Irvine, CA 92606 and its affiliated companies (“Fox Racing”), through which you will be offered the opportunity to earn rewards points (“Rewards Points”) on Qualifying Purchases (defined below) which may be applied to future Qualifying Purchases made online. Eligible participants in the Program (“Members”) may access the Program using the Fox Racing websites specifically designed by Fox Racing as eligible for the Program, including [https://www.foxracing.com/; and www.foxracing.co.uk], and other websites Fox Racing may add to or remove from time-to-time in its discretion (“Sites”).
1.2. These Program Terms and Conditions (“Program Terms”) and the Program are subject to the Fox Racing Privacy Policy found at https://www.foxracing.com/privacy-policy.html (the “Privacy Policy”). Your use of the Program is subject to the Terms of Use of the Sites, which are found at https://www.foxracing.com/legal-terms.html (the “Terms of Use”).
1.3. By signing up, or otherwise participating in the Program, you acknowledge that you have read, understood and unconditionally accept to be bound by these Program Terms, the Privacy Policy and Terms of Use (collectively, the “Fox Racing Terms”). Any updates to these Terms will be effective immediately upon the last revised date of these Program Terms which may be found at the top of this page, and your continued membership in the Program constitutes your acceptance of such modifications.
2. Eligibility
2.1. The Program is open to legal residents: (i) of the 50 United States (or the District of Columbia) (“Qualifying Territory”); and (ii) United Kingdom ((i)-(ii) the ‘Eligible Territories'), in each case who are at least 18 years of age or the minimum age of majority in their state of residence (whichever is older) at the time of enrollment. Employees of Fox Racing are not eligible to participate. Void where prohibited by law.
2.2. “Eligible Products” means those products sold on the Sites, except to the extent a product constitutes an Ineligible Product.
2.3. “Ineligible Products” means those products that Fox Racing cannot or does not sell or ship to the Member or the Member’s address due to Federal or local laws, shipping restrictions, or any other reason in Fox Racing’s sole discretion.
2.4. “Minimum Rate Spend” means (i) for US Members, a minimum spend rate of $1.00 USD on any Qualifying Purchase; and (ii) for UK Members, a minimum spend rate of £1.00 GBP on any Qualifying Purchase.
2.5. “Qualifying Purchases” means online purchases of Eligible Products from the Sites in the Qualifying Territory meeting the terms of the Program, except to the extent the purchase constitutes Non-Qualifying Purchases.
2.6. “Non-Qualifying Purchases” means: (i) any purchases of Ineligible Products; (ii) sales or similar taxes (including but not limited to VAT), duties, customs or other levies which may apply; (iii) service fees; (iv) donations to charitable organizations; (v) commercial account purchases, including, without limitation, any purchase made with a corporate credit card, unless specifically approved in writing by Fox Racing; (vi) purchases of gift cards and e-gift cards; (vii) any redemption of Rewards Points for some part or all of the purchase price; (viii) shipping and delivery charges; (ix) purchases from third-party vendors on Fox Racing-branded and Fox Racing-sponsored websites if to complete a purchase the customer is redirected to the vendor’s designated website (other than a participating Fox Racing-branded or Fox Racing-sponsored website); (x) the portion of any purchase price which is eliminated due to a coupon, rebate or other discount, (xi) purchases made from outside the Qualifying Territory, (xii) purchases made with gift cards and e-gift cards that are not issued by Fox Racing, (xiii) purchases made before enrolling in the Program, and (xiv) any other items, fees, or purchases which Fox Racing, from time to time in its sole discretion, may elect or be required to exclude based on any applicable laws or regulations or for any other reason.
3. Enrolling in the Program
3.1. Members must enroll in the Program by creating an account on one of the Sites, supplying the required information and electing to participate in the Program (“Account”).
3.2. To be eligible to receive rewards, you must register in your Account: (i) your first name, (ii) last name, (iii) phone, (iv) email address, (v) password, (vi) country. You may also register marketing preferences and other information in your Account, including your birthday. By registering your birthday at least 30 days prior to your birthday, you may be eligible for bonus rewards.
3.3. If you change your account country to one that is outside the Eligible Territories, your Member account will be deactivated. Once deactivated, you will no longer be able to accumulate or redeem Rewards Points or receive benefits under your Member account.
3.4. Limit: one (1) Account per person. The person who is the holder of the Program membership associated with the email address used to register for the Program will be deemed the Member for that Account.
4. Earning Rewards Points & Program Tiers
4.1. There are three (3) tiers within the Program: bronze, silver, and gold. By enrolling in the Program, Members are placed in the bronze tier and may advance to silver or gold tiers based on the amount of money spent on Qualifying Purchases.
4.2. For US Members: Members who spend $500 USD on Qualifying Purchases between January 1 and December 31 of each calendar year will earn silver status. Silver status is valid for twelve (12) months after achieving silver status. Members who spend a total of $2000 USD (inclusive of amounts paid prior to achieving silver status) between January 1 and December 31 of each calendar year will earn gold status. Gold status is valid for twelve (12) months after achieving gold status. After expiration of either silver or gold status, as applicable, Members will subsequently become bronze Members.
4.3. For UK Members: Members who spend £500 GBP on Qualifying Purchases between January 1 and December 31 of each calendar year will earn silver status. Silver status is valid for twelve (12) months after achieving silver status. Members who spend a total of £2000 GBP (inclusive of amounts paid prior to achieving silver status) between January 1 and December 31 of each calendar year will earn gold status. Gold status is valid for twelve (12) months after achieving gold status. After expiration of either silver or gold status, as applicable, Members will subsequently become bronze Members.
4.4. All Members enjoy additional benefits and promotional offers, which are subject to the terms and conditions of the offer. As Members move up the tiers, Members may enjoy added benefits for that tier (inclusive of benefits enjoyed in the lower tiers). All associated benefits for each tier are subject to change.
4.5. Rewards Points may only be accumulated by making Qualifying Purchases after logging into your Account. Rewards Points may also be earned for participating in certain marketing promotions or activities, subject to the terms and conditions of the associated promotion or activity.
4.6. Members earn Rewards Points at the rate of ten (10) points for every Minimum Rate Spend on a Qualifying Purchase amount from the Sites (“Rewards Points”). For example, if you are a US Member and you spend $10 USD on a Qualifying Purchase, you would earn 100 Reward Points. The same would apply for UK Members if they spend £10 on a Qualifying Purchase. If your Qualifying Purchase amount is not a multiple of the applicable Rewards Points, your Qualifying Purchase value will be rounded down to the nearest $1.00 or £1.00 (as applicable, respectively depending on whether a Member is US or UK Members). Reward Points have no cash value.
4.7. REWARDS POINTS ARE NOT EARNED ON PROGRAM-ELIGIBLE PURCHASES MADE PRIOR TO YOUR ENROLLMENT DATE OR PRIOR TO THE START DATE OF ANY ADDITIONAL REWARD POINT OFFER OR PROMOTION OR IF YOU ARE NOT LOGGED INTO YOUR ACCOUNT. POINTS ARE ALLOCATED TO YOUR ACCOUNT ONCE YOUR ENTIRE ORDER HAS SHIPPED.
4.8. Rewards Points will not appear instantly in your Account. They will be allocated once the shipping confirmation email is sent which may be up to 72 hours or more after the Rewards Points are earned. Rewards Points earned for a purchase will be visible during checkout and on the order confirmation page and email. They will not be visible in your account until the order has shipped and you receive the shipping confirmation email. You may review your Rewards Points balance in your Account on the Site (or such other site as designated by Fox Racing from time to time). You do not acquire property rights in any Rewards Points regardless of whether they have appeared in your Account.
4.9. In order to accumulate Rewards Points, Qualifying Purchases must be paid with a valid debit or credit card, or with a valid Fox Racing issued gift card or other currency (i.e., meaning any other currency which is not USD if you are US Member or GBP if you are a UK Member); promotional offers do not accumulate Rewards Points. Qualifying Purchases must total at least the Minimum Rate Spend required (excluding sales tax and subject to the other exclusions set forth in the next paragraph) in order to accumulate Rewards Points.
4.10. Some exclusions apply. Members cannot earn Rewards Points on items purchased with redeemed Rewards Points or Non-Qualifying Purchases.
4.11. If you void a Qualifying Purchase credited toward accumulation of points, your Rewards Points associated with that purchase will be deducted from your Account. Rewards Points earned for online purchases will be awarded and reflected in the Member’s total balance once the order has shipped and you receive the shipping confirmation email. Those Rewards Points will not be available to redeem until the item(s) have shipped.
5. Rewards Points Restrictions
5.1. Rewards Points expire if not used within 12 months of being earned.
5.2. Fox Racing reserves the right in its sole discretion to add, remove, or change the number of Rewards Points awarded for actions as well as the actions that you can perform to earn Rewards Points, at any time throughout the Program. Any changes in Rewards Points will be announced in due time and will not impact Rewards Points already earned.
5.3. You may not combine or transfer Rewards Points with other’s Accounts. You may not transfer, sell, or perform any other action in any manner in violation or attempted subversion of these Program Terms. Any attempt to combine, transfer, or sell Rewards Points will result in disqualification from the Program and forfeiture of all Rewards Points in your Account. Fox Racing reserves the right to take any other or additional action it deems appropriate in its sole discretion in the event that Fox Racing believes (in its sole discretion) that you (or you and others) have violated this provision.
5.4. You are responsible for the payment of all taxes, if any, which may result from the Rewards Points received as part of the Program.
5.5. Once you earn Rewards Points, the validation of the potential Rewards Points earned will be subject to verification. Rewards Points will not be awarded until after the verification process is complete. Rewards Points are void if: (a) you do not meet the eligibility criteria; or (b) you have not earned the Rewards Points in accordance with these Program Terms and through legitimate channels.
5.6. You are responsible for ensuring the accuracy of your Account and are encouraged to check your Account regularly.
5.7. If you believe that Rewards Points were not properly accrued to your Account, you must contact customer service by contacting customer service at customerservice@foxracing.com and following the instructions within 15 days of the day of the purchase date. Claims not made within 15 days of purchase will be deemed waived.
5.8. Fox Racing’s decisions regarding the awarding of Rewards Points are final and binding. Earned Rewards Points that are subsequently determined to be invalid for any reason are subject to disqualification and will be removed from your Account without notice.
5.9. You may earn Rewards Points in the manner set forth above for the duration of the Program, unless extended or otherwise modified by Fox Racing.
6. Redeeming Rewards Points
6.1. Except as provided herein, a Member may redeem his/her accrued Rewards Points in 1,000 point increments (redeemable for $5 off for US Members or £5 off for UK Members) up to 5,000 points (redeemable for a total of $25 off for US Members or £25 off for UK Members) per transaction for any non-discounted Eligible Product listed and in stock on the Sites at the time of redemption. Rewards Points may not be redeemed against Non-Qualifying Purchases. Rewards Points do not have cash redemption value and cannot be exchanged for cash, sold or transferred to another Member or shopper.
6.2. Rewards Points used for purchase will be immediately deducted from the Member’s account upon placing an order and following receipt of the order confirmation. Redemption Items will only be delivered in accordance with applicable laws, carrier restrictions, and other shipping restrictions specified on the Sites or in the Terms of Use.
6.3. Unless otherwise indicated by Fox Racing when Rewards Points are granted or in the information connected to a specific earning offer, Rewards Points that you earn will expire on the date that is twelve (12) months from the last day of the month in which your Rewards Points were earned. Any Rewards Points expired as described above will be forfeited without compensation.
6.4. Fox Racing, in its sole discretion, may revise, limit, or discontinue the Program at any time with or without notice. Fox Racing is not responsible for pricing, photographic, typographic, or system errors.
6.5. Warranty. Any warranty on a Redemption Item purchased through the Program will be limited to the warranty terms, if any, included or referenced with the Qualifying Purchase(“Warranty”).
6.6. Shipment Contract:
6.6.1. For US Members: Every Eligible Product in a Qualifying Purchase redeemed or paid for using Rewards Points (“Redemption Item”) is redeemed/purchased pursuant to a shipment contract. This means that the risk of loss and title for such Redemption Item passes to the Member upon Fox Racing’s delivery of such Redemption Item to the delivery carrier.
6.6.2. For UK Members: The risk of loss and title on such Redemption Item passes to the Member upon delivery of the Redemption Item to the Member.
6.7. In the event that a Redemption Item is lost prior to receipt by the Member, the Member shall immediately call Fox Racing at the customer service number listed on the applicable brand website for the Redemption Item so that Fox Racing can file a timely claim with the shipping carrier. If a Redemption Item arrives at the Member’s designated destination damaged or is defective, the applicable Member must contact Fox Racing within fourteen (14) days of the date the Redemption Item was shipped by Fox Racing and follow the directions in the “Redemption Item Returns and Exchanges” below.
6.8. Redemption Item Returns and Exchanges. If you make a full return of all merchandise from a transaction that includes a Redemption Item(s), you will be refunded all Rewards Points used. If you make a partial return of a Redemption Item in a multi-product order, you will be refunded the associated Rewards Points after deducting all other forms of payment (e.g., credit card or cash). All refunded Rewards Points will be applied to your Member account in about 72 hours.
7. Modifications, Cancellation, and Account Termination
7.1. Fox Racing reserves the right to shorten, extend, modify, or suspend the Program, at its discretion, at any time, where this is necessary or desirable due to supervening circumstances beyond its reasonable control. Fox Racing also reserves the right to modify any of the Program Terms set forth herein at any time, even though these changes may affect your ability to accrue or use your Rewards Points. Modifications may include, but are not limited to, the methods by which you can earn Rewards Points, the amount of Rewards Points earned for each action, the number of Rewards Points that may be redeemed through the Program, and any of the options made available to you with respect to your Account.
7.2. If a modification or change to the Program proposed by Fox Racing pursuant to section 7.1 is likely to materially impact your access to or participation in the Program or usability of your Reward Points, Fox Racing will use reasonable endeavors to notify you of such changes in advance before such change(s) are effective. Fox Racing may provide such notice by email or by placing a notice on our Sites or other some other form of communication.
7.3. Any changes Fox Racing makes will be effective upon the last updated date listed at the top of these Program Terms with or without notice. Notice, if given, may be either by posting to the Site or via electronic mail. Your continued participation in the Program after: (a) any notice of a change; and (b) the effective date of any such change, constitutes your acknowledgement and acceptance of the change. If you do not wish to accept a change to the Program or these Program Terms, you may opt-out of the Program and cancel your Account at any time. If you opt-out of the Program and/or cancel your Account, any Reward Points you have accumulated may be forfeit.
7.4. Fox Racing reserves the right to terminate the Program at any time, for any reason, with due or without notice, even though termination may affect your ability to accrue or use your Rewards Points. Fox Racing reserves the right to close your Account at its sole discretion and immediately if Fox Racing has reason to believe that you are not complying with these Program Terms or the Terms of Use, or the spirit thereof, or the Account of any Member who it reasonably believes has interfered with the fair participation or running of the Program.
7.5. In the event of termination of the Program or closing of an account (except in the event of your breach of these Program Terms), you will have at least thirty (30) days from the date Program termination is announced or your Account is closed to redeem your Rewards Points. Upon Program cancellation, notwithstanding your ability to redeem Rewards Points within the time allowed, the right to use the Program and accrue future Rewards Points ends immediately.
7.6. You are responsible for remaining knowledgeable as to any changes that Fox Racing may make to these Program Terms and all other applicable Fox Racing Terms.
8. General Terms and Conditions
8.1. The Privacy Policy will apply to this Program and to all information that we receive from your registration in the Program. Please read the Privacy Policy on the Site before registering for the Program. Please note that by accepting the Program Terms you are also accepting the terms of the Privacy Policy and Terms of Use.
8.2. By participating in the Program and unless prohibited by law, Fox Racing shall have the right, but not the obligation, to use, display and publish your name, photograph, likeness, voice, biographical information and/or statements, throughout the world in perpetuity in any media that now exists or may exist in the future including for advertising and promotional purposes. If Fox Racing makes use of any of the foregoing rights, you understand and agree that you will not receive any other consideration, or payment, notification or credit, nor will you have any approval over how the foregoing rights are used.
8.3. Fox Racing reserves the right to discontinue your participation privileges if you engage in any fraudulent activity or use the Program in a manner inconsistent with these Program Terms or any federal, municipal, provincial, state or local, laws, statutes, or ordinances. Fox Racing may also discontinue your participation privileges in its sole discretion for any suspected misuse, including abuse of program privileges. Misuse includes, but is not limited to: (i) creating multiple Accounts for the same person; (ii) using bots or automated tools to earn or redeem credits; or (iii) engaging in fraudulent transactions or returns to exploit the Fox Racing Program system. Discontinued participation privileges may result in the loss of all accumulated Rewards Points. In addition to discontinuance of participation privileges, Fox Racing shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.
8.4. Members may opt out of the Program by logging into their Member account on the applicable website and clicking “Cancel My Rewards Account” located on the “Account Overview” page or by contacting Fox Racing customerservice@foxracing.com. Opting-out of the Program will result in the loss of all accumulated Rewards Points. Any Member who opts out, then re-registers for the Program will be treated as a new Member to the Program.
8.5. The Program is provided to individuals only. Corporations, associations, organizations, dealers, distributors, retailers, buy groups, resellers, ranges or other groups (“Group”) may not participate in the Program. It is fraudulent for any individual or Group to direct, encourage, or allow individuals to use a single Account for the purpose of accumulating points for combined use.
8.6. Rewards Points do not constitute your property and may be revoked at any time by Fox Racing as set forth herein. Rewards Points may not be transferred or assigned, and are not transferable upon death, as part of a domestic relations matter or otherwise by operation of law. Rewards Points earned in the Program are not valid in, and may not be used in combination with, any other program offered by Fox Racing or third parties.
8.7. Fox Racing is not responsible for any incorrect or inaccurate information supplied by you while participating in the Program. It is your sole responsibility to keep your Account up to date.
8.8. All questions or disputes regarding eligibility for the Program, earning or redemption of Rewards Points, or your compliance with these Terms and Conditions will be resolved by Fox Racing in its sole discretion.
9. Special Offers
9.1. In addition to Rewards Points, Fox Racing may from time to time in its sole discretion make available to participants the ability to earn additional Rewards Points through special offers or other promotions, or to earn bonus points or other program benefits. The Terms applicable to any such Rewards Points, offers, promotions, or benefits will be determined by Fox Racing in its sole discretion and communicated to participants in conjunction with any such offers.
10. Limitation of Liability
10.1. Fox Racing is not responsible for incorrect or inaccurate transcription of information, including any incorrect information supplied by you, for problems related to any of the equipment or programming associated with the Program 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 the Site, or for any other technical or non-technical error or malfunction.
10.2. For US Members: TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL FOX RACING, AS WELL AS OUR PARENTS, SUBSIDIARIES, AFFILIATES OR SERVICE PROVIDERS, AND EACH OF THEIR AGENCIES, SUPPLIERS AND OTHER COMPANIES INVOLVED IN THE DEVELOPMENT OR EXECUTION OF THE PROGRAM (“RELEASEES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM OR MERCHANDISE OR ITEMS OFFERED THROUGH THE PROGRAM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF FOX RACING IMPROPERLY DENIES YOU ANY REWARDS POINTS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT AMOUNT OF REWARDS POINTS. BY PARTICIPATING IN THE PROGRAM, 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 AND SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS UNDER THIS PARAGRAPH MAY NOT APPLY TO YOU AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF COMPANY’S NEGLIGENT, FRAUDULENT, RECKLESS ACTS OR INTENTIONAL MISCONDUCT. You agree to rely solely on the manufacturer’s warranties, if any, for any items redeemed or purchased using this Program.
10.3. For UK Members: The provisions of section 10.2 shall not apply to UK Members. Fox Racing will not be responsible for (i) any losses that were not caused by any breach of these Program Terms by Fox Racing, (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, loss of goodwill, or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and Fox Racing at the time you began participating in the Program or using any Redemption Items. Fox Racing will also not be responsible for any delay or failure to comply with its obligations under these Program Terms if the delay or failure is attributable to circumstances beyond Fox Racing’s reasonable control. This provision does not affect your right to receive the relevant Redemption Items within a reasonable time, or to receive a refund if Fox Racing is unable to provide such Redemption Items to you within a reasonable time for any reason beyond its reasonable control. Nothing in these Program Terms limits or excludes Fox Racing’s responsibility to UK Members for fraudulent representations made by Fox Racing or for death or personal injury caused by Fox Racing’s negligence or willful misconduct.
11. General
11.1. Disputes (for US Members): As a condition of participating in this Program, You agree that (1) any and all disputes, claims, and causes of action arising out of or connected with this Program, or any Redemption Items obtained through the Program, shall be resolved individually, without resort to any form of class action and exclusively by arbitration under the International Arbitration Rules of the American Arbitration Association. Arbitration will take place in Orange County, California; (2) any and all claims, judgments and awards shall be limited to amounts covering direct damages within the limitations of liability described above and out-of-pocket costs incurred, including costs associated with participating in this Program, but in no event attorneys’ fees; and (3) under no circumstances will you be permitted to seek recovery for, and you hereby waives all rights to claim, punitive, incidental and consequential damages and any damages other than direct damages and/or actual out-of-pocket expenses, and waive any and all rights to have damages multiplied or otherwise increased.
11.2. Governing law and jurisdiction (for US Members): All issues and questions concerning the construction, validity, interpretation and enforceability of the Program Terms, or your or Fox Racing’s rights and obligations in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of Minnesota, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of California, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California.
11.3. Governing law and jurisdiction (for UK Members): If you are a UK Member residing in the UK, the law of your place of residence shall apply to the extent that the mandatory law of your place of residence is more favorable than the laws of the State of California. Fox Racing and you both agree to submit to the non-exclusive jurisdiction of the courts of the State of Minnesota, which means that you may bring a claim to enforce your consumer protection rights in connection with these Program Terms in Minnesota or in the UK.
11.4. These Terms and Conditions constitute the entire agreement between Program participants and Fox Racing pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings, negotiations, and discussions, whether oral or written. No waiver of any of the provisions of these Terms and Conditions shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided.
11.5. No person who is not a party to these Program Terms (excluding affiliates companies of Fox Racing) shall be entitled to enforce any of the terms.
11.6. 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.
11.7. Nothing in these Program Terms shall be deemed to exclude or restrict any of your statutory rights as a consumer.