Welcome to Fair!

Because transparency is important to us, we want you to have all the information about your Fair experience available to you at any time. Whether you're the kind of person who likes to skim the highlights, dig into details, or pore over a good legal document, we've got everything about how to use Fair app and services right here, right at your fingertips. Enjoy!

These terms and conditions, along with any documents incorporated by reference (collectively, "Terms of Use") govern your use of and access to the Services, including:

In these Terms of Use, the following terms have the specified meanings:

"We," "us," "our," and "Fair" means Fair Servicing, LLC or Fair Rideshare Servicing, LLC, and/or its current or future affiliates, agents, assignees, and service providers.

"You" and "your" means the person giving consent, and each additional account owner, authorized signer, representative, and/or user identified on any mobile application, product, service, or account that you download, request, administer, use, or access from or with us.

"Services" refers to any product or service made available through or by Fair.

PLEASE NOTE THESE TERMS OF USE CONTAIN AN ARBITRATION AGREEMENT THAT GOVERNS HOW CLAIMS BETWEEN YOU AND US CAN BE BROUGHT (SEE SECTION 14 BELOW). THIS MEANS THAT DISPUTES BETWEEN YOU AND US MUST BE HANDLED BY ARBITRATION, AND THAT YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, USE A JURY, OR BE PART OF A CLASS ACTION (YOU MUST BRING CLAIMS AS AN INDIVIDUAL, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING). YOU CAN OPT OUT OF THIS PER SECTION 14.

  1. Acceptance of Terms of Use.

    You should read these Terms of Use carefully and print them for future reference. By clicking the button to proceed, or by accessing or using the website, Services or downloading the App or any content from or through the Services, you are agreeing to these Terms of Use. The Terms of Use along with our Privacy Policy explain how we provide the Services, collect, hold, and process your information, and govern your access to and use of the Services, including any content, functionality and services offered on or through the App. If you do not want to agree to these Terms of Use or the Privacy Policy, you may not use the Services.

  2. Modification.

    We may revise and update these Terms of Use from time to time in our sole discretion by posting an updated version to reflect those changes, and such changes will go into effect on the date indicated. We will provide notice of the updated Terms of Use by posting a notice and the revised terms on the App and/or Website. Should any changes occur to these Terms of Use in the future, you will be able to determine this by referring to the Terms of Use and checking the version date at the bottom. By continuing to use the App or Services after the date of any change to these Terms of Use, you agree to be bound by the rules contained in the most recent version. If you find the Terms of Use unacceptable at any time, you may discontinue your use of the Services by deleting the App, but any contractual obligations will remain.

    We want to make the App as useful and efficient as possible. We reserve the right to change, amend, or update the contents, operation, or any other features of the App or any or all of Services at any time in our sole discretion and without notice, except as required by law. Note you may need to update to the latest operating system of your mobile device or install the updates to the App to continue using the App. We will not be liable if for any reason all or any part of the App or Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services or the App to users, including registered users. You are responsible for making all arrangements necessary on your end to have access to the Services and ensuring that all persons who access the Services through your internet connection are aware of and comply with these Terms of Use.

  3. Accessing and Using the App/Services.

    1. When you download our App, you may do so through a third party's app store to your mobile device solely for your own personal, non-commercial use. Subject to your acceptance of these Terms of Use and other agreements between you and us, we hereby grant to you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use the App and certain third party or other platforms accessible through the Services. We are offering the App to use for your own personal use, but you should be aware that you cannot send it on to anyone else, and you're not allowed to copy or modify any part of the App or our trademarks in any way. You agree to only use the App on a device or product that runs the operating system for which the App was intended and in compliance with the applicable app store's terms of service or its equivalents. You acknowledge that these Terms of Use are between you and us and not the applicable app store. We may stop providing the Services or the App, and may terminate use of it at any time without giving notice of termination to you. Upon termination, the rights and licenses granted to you in these terms will end.
    2. To use the App, you must provide your own access to an active internet connection via a wireless network and pay any cellular or data service, communication, use, access and connection fees as may be applicable with such network access. The connection can be Wi-Fi or provided by your mobile network provider, but we cannot take responsibility for the full functionality of the App if you don't have access to the internet. If you're using the app outside of Wi-Fi, the terms of agreement with your mobile network provider will still apply. Data and/or roaming charges may apply.
    3. To access the Services, you may be asked to provide certain registration details or other information and create a user account, with a username and password. We may set standards for your username and password. It is a condition of your use of the Services that all the information you provide is correct, current and complete, and you agree to maintain and update your user account information, if any, as soon as possible as it changes. The App stores and processes personal data that you have provided to us so that you can conduct business with us. We may require security and authentication procedures for access and additional authentication controls for certain transactions. It is your responsibility to keep your phone and access to the App secure, including protecting your username and password, if any. If a password is created, we recommend that you change it regularly, and select a unique username and password combination for use only with the Services. We also recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone's security features and it could mean that the App won't work properly or at all. You must notify us immediately if you suspect fraudulent activity on your account, the App, or the Services.
    4. We display vehicle inventory information provided by licensed motor vehicle dealers with whom we have agreements ("Fair Dealers"), so that you can browse through the available vehicles of multiple dealers. Our App allows you to shop from eligible vehicles based on a prequalification. Once you have selected a vehicle, we will make a final determination on approval for our program. Please note any preowned vehicle is subject to prior sale. For the avoidance of doubt, we are not a vehicle broker or agent for vehicle sellers or dealers. Until you sign a final contract with us, you are not required to accept any vehicle and you may select another vehicle or a traditional form of financing. You always have the right to lease, purchase, or otherwise obtain a similar vehicle from a traditional financing source at a different price.
    5. Through the App and as part of the Services, we utilize third party vendors in order for us to pre-qualify you and to show you what vehicle payment options are available to you from us based on the information you provided. You acknowledge and agree that pre-qualification is not a credit application, and does not affect your credit score. You understand prequalification is an estimate based upon preliminary information and is not a guarantee of final pricing. We make a final decision once you select a vehicle, we verify your information, and you consent to a full credit check, subject to market conditions.
    6. Once you select a vehicle and are ready to proceed, the information provided by you through the App along with your electronic consent will be considered your application. We will rely in part on this information to evaluate your eligibility for the Fair program. You understand that we may keep your application and any other information provided by you in the processing of your request for any required retention period, whether or not you are approved.
    7. Products and services may not be available in all states.
  4. Electronic Communications.

    1. By using the Services, you acknowledge and agree that you are contracting with us electronically, and that we may provide you with any and all notices and disclosures in electronic format (e.g. via email or via the App or Website). Any notice, disclosure, agreement, acknowledgement, form, consent, statement, policy, record, document, preference, privacy policy, or other information we provide to you, or that you submit, agree to, or sign at our request (each, a "Communication") will be provided in electronic form and will be provided either: (1) via the App on your mobile device, (2) via e-mail or text message, or (3) via a website. You have the option to view, save, or print PDF versions of your account documents from the App via desktop, tablet or mobile device. You may download and store such Communications and agree that we may make retention copies of Communications available via the App.
    2. You expressly consent and agree that we can contact you using written, electronic, or verbal means, including by manual dialing, emails, in-app messaging, leaving prerecorded/artificial voice messages or using an automatic telephone dialing system to call or text your mobile/cellular telephone number, as necessary to complete transactions requested by you and to service your account and as the law allows, even if those phone numbers are registered by you on any federal or state Do-Not-Call/Do-Not-email registry. You agree that we may use any email address or telephone number you provide as set forth here, now or in the future, including mobile phone numbers. You also agree that we may monitor and record calls regarding your account to ensure the quality of our service or for other reasons. Message and data rates may apply. You may withdraw your consent from account related texts by replying HELP then STOP at any time to any account related text received from us. By entering a mobile phone number, you certify that this is your number or that you have the authority to provide this number for contact. The account texts we send may be seen by anyone with access to your phone, and you should safeguard the confidentiality of your devices.
  5. Ownership.

    1. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. The App, the Services, and their contents, features and functionality and all intellectual property located on the App or in the materials published or otherwise made available through the Services (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the App and the Services for your personal, non-commercial use only. Except for the Communications as specified in these Terms of Use, you may not reproduce, reverse engineer, attempt to extract the source code, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the App.
    2. These terms do not grant you the right to use any branding or logos used in our Services. You should not remove, obscure, or alter any legal notices displayed in the App or along with our Services.
  6. Prohibited Uses.

    1. You may use the App or the Services only in accordance with these Terms of Use. You agree not to use the App or the Services in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," or "spam" or any other similar solicitation; to impersonate or attempt to impersonate us, one of our employees, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); and to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the App and the Services, or which, as determined by us, may harm Fair or users of the App or the Services or expose them to liability.
    2. You must not modify copies of any materials from the App or related to the Services; use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; and delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the App or related to the Services. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the App or Services in breach of these Terms of Use, your right to use the App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the App or Services is transferred to you, and all rights not expressly granted are reserved by us.
    3. Additionally, you agree not to use the App or the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the App or the Services, including their ability to engage in real time activities through the App or the Services; use any robot, spider or other automatic device, process or means to access the App or the Services for any purpose, including monitoring or copying any of the material on the App or the Services; use any manual process to monitor or copy any of the material on the App or the Services or for any other unauthorized purpose without our prior written consent; use any device, software or routine that interferes with the proper working of the App or the Services; introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the App or the Services, the server on which the App or the Services are stored, or any server, computer or database connected to the App or the Services; and otherwise attempt to interfere with the proper working of the App or the Services. Should you use this App to commit a criminal offense, we may disclose information about the user, including the user's identity and other personal information, to law enforcement authorities and immediately suspend or terminate the user's right to use the App.
    4. You will not and will not permit any third party to: (i) copy, translate, create a derivative work of, reverse engineer, reverse assemble, disassemble, or decompile the Services or any part thereof or otherwise attempt to discover any source code or modify the Services in any manner or form unless expressly allowed; (ii) access or use the Services to circumvent or exceed account limitations or requirements; (iii) use the Services for the purpose of building a similar or competitive product or service, (iv) obtain unauthorized access to the Services (including without limitation permitting access to or use of the Services via another system or tool, the primary effect of which is to enable input of requests or transactions by other than authorized users); (v) use the Services in a manner that is contrary to applicable law or in violation of any third party rights of privacy or intellectual property rights; (vi) publish, post, upload or otherwise transmit data that contains any viruses, Trojan horses, worms, time bombs, corrupted files or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any systems, data, personal information or property of another; or (vii) use or permit the use of any tools in order to probe, scan or attempt to penetrate or benchmark the Services.
  7. Privacy.

    We are committed to protecting your privacy. Any information (including personally identifiable information and bank account information) you submit to us when using the Services is governed by our Privacy Policy. The Privacy Policy encompasses any and all information you may provide to us either for purposes of creating an account, submitting an order or inquiry or to receive further information, updates and promotions about or related to the Services

  8. Third Party Service Providers.

    We may use certain third party service providers to gather data and authenticate information regarding you, your device, and your accounts. In some instances, this may require you to accept third-party software tools and products through the Services. You further agree we may place cookies and other identifiers on the mobile devices you use to access the Services, as specified in these Terms of Use or in the Services.

    1. We use Plaid Technologies, Inc. ("Plaid") to authenticate and gather your data from your banks or financial institutions. Plaid enables our App to connect with your bank accounts. By using our Services, you authorize us and Plaid to act on your behalf to access and transmit your personal and financial information from your banks or financial institutions. You agree to your personal and financial information being transferred, stored, and processed by Plaid in accordance with Plaid's privacy policy found at https://plaid.com/legal.
    2. To enable and enhance secure access to the App or Services, you agree that we may access detailed information about the mobile devices or computers you use to access the App or Services and provide such data to third party service providers, and you consent to use of third party software as needed for the foregoing and to fulfill transactions as requested by you. This could include telephone numbers, cookies, flash tokens, or other unique internal and network identifiers for your mobile devices or computers. We also use cookies and other technology for information security and other legitimate business purposes. You further authorize your wireless operator (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) or other third parties to use your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status details, if available, to allow verification of your identity and to compare information you have provided to us with your wireless operator account profile information for the duration of the business relationship.
  9. Eligibility.

    The App and the Services are offered and available to users who are 18 years of age or older. Further eligibility requirements must be met to obtain a vehicle. By using this App or accessing the Services, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the App or the Services. You further represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (bi) you are not listed on any U.S. Government list of prohibited or restricted parties.

  10. Updating Your Information.

    You agree to update your contact information with us, including your email address, through the account settings in the App.

  11. Term.

    These Terms of Use will be in effect from the date you agree and at all times while you're accessing or using the App or Services. Either you or we can terminate these Terms of Use at any time and without notice.

  12. Communications in Languages Other than English.

    Please note, we may be unable to fulfill Services in a language other than English. Our communications to you may be in English only. If you are not fluent in English, please consider obtaining the services of an interpreter or taking other steps to ensure you understand the transaction before entering into it and to explain any future communications in English.

  13. Governing Law.

    All matters relating to these Terms of Use shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

  14. Dispute Resolution: Arbitration Provisions and Class Action Waiver

    This Section constitutes the arbitration agreement between you and us ("Arbitration Agreement"), and includes a jury trial waiver and a class action waiver. This means you are giving up your right to go to court to assert or defend your rights under these Terms of Use. This section governs disputes about the interpretation of these Terms of Use (including this Arbitration Agreement, the definition of "dispute", and whether the dispute itself is arbitrable or covered by this Arbitration Agreement), the Services, and your access and use of the App (the "Covered Disputes"). A dispute is generally any unresolved disagreement between or among you and us, and all such matters will be decided by arbitration.

    1. Dispute Resolution Without Courts, Judges, or Juries. You and we agree that upon demand by either you or us, any Covered Disputes between you and us will be resolved by the arbitration process outlined in this section, regardless of when it arose. This means:

      • You and we are choosing arbitration rather than litigation to resolve disputes.
      • You and we are each waiving the right to a jury trial or a trial before a judge in a public court (except for small claims court).
    2. Binding Arbitration. Binding arbitration lets a neutral and independent third party resolve a Covered Dispute instead of the court system, judges or juries. Either you or we may require the submission of a Covered Dispute to binding arbitration at any reasonable time, even if a lawsuit or other proceeding has already been filed or started. If either you or we don't submit to binding arbitration following a lawful demand, the one who fails to do so must pay for all costs and expenses (including attorney's fees and expenses) incurred by the other in compelling arbitration.

      Binding arbitration means, to the extent permitted by law, that neither you nor we will be entitled to:

      • join or combine Covered Disputes with those of others in any arbitration
      • include in any arbitration any Covered Dispute as a representative or member of a class; or
      • act in the interest of the general public or in a private attorney-general capacity in any arbitration.
    3. Arbitration Procedure. Each arbitration, including the selection of the arbitrator, will be at the claimant's election, administered by (1) the American Arbitration Association ("AAA"), (2) JAMS, or (3) or any other arbitration forum as you and we may agree. If there are differences between this Arbitration Agreement and the rules of any arbitration association, this Arbitration Agreement will control. The arbitrator(s) must be a member of the state bar where the arbitration is held, with expertise in the substantive laws applicable to the subject matter of the Covered Dispute (hereinafter "Arbitrator").

      You and we each acknowledge and agree that in this relationship:

      • You and we are participating in transactions involving interstate commerce.
      • The Arbitrator will decide any dispute regarding the enforceability of this Arbitration Agreement.
      • Any and all claims, controversies, or disputes arising out of or related in any way to these Terms of Use or your use of the Services shall be subject to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code) and, to the extent any provision of that Act is inapplicable, unenforceable or invalid, the laws governing the Covered Dispute arising out of the relationship between you and us.
      • THE ARBITRATOR SHALL NOT CONDUCT CLASS ARBITRATION; THAT IS, THE ARBITRATOR SHALL NOT ALLOW YOU OR US TO SERVE AS A PRIVATE ATTORNEY GENERAL, AS A REPRESENTATIVE, OR IN ANY OTHER REPRESENTATIVE CAPACITY FOR OTHERS IN THE ARBITRATION.
    4. Small Claims Not Affected. Notwithstanding anything to the contrary in this section, this Arbitration Agreement does not affect your or our right to pursue disputes in small claims court in the state where you reside if the court has jurisdiction over the dispute.

    5. Opt-out Right. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: Fair, Attn: Legal Department, P.O. Box 20367, Phoenix, AZ 85036 within 30 days of entering into these Terms of Use. If you send this notice, then the Arbitration Agreement will not apply to either party. If you do not send this notice, then you agree to be bound by this Arbitration Agreement.

    6. Miscellaneous.

      • You and we each agree to take all steps and execute all documents necessary for the implementation of arbitration proceedings. You can participate without representation or may choose to be represented by an attorney or other authorized representative, unless that choice is prohibited by applicable law.
      • Arbitration fees shall be determined by the rules or procedures of the arbitration association, unless limited by applicable law. The Arbitrator may, but is not required to, award reasonable expenses and attorneys' fees to the prevailing party if allowed by statute or applicable law and by the rules of the arbitration forum.
      • The Arbitrator may hear and rule on appropriate dispositive motions as part of the arbitration proceeding, such as motions for judgments on the pleadings, summary judgment, or partial summary judgment.
      • If any of the provisions of this Arbitration Agreement dealing with class action, class arbitration, private attorney general action, other representative action, joinder, or consolidation is found to be unlawful or unenforceable, that invalid provision shall not be severable and this entire arbitration agreement shall be unenforceable.
      • All parties (the Arbitrator(s), you and we) must, to the extent feasible, take any action necessary to ensure that an arbitration proceeding, as described in this Arbitration Agreement, is completed within 180 days of filing the Covered Dispute. You and we agree not disclose the existence, content, or results of the arbitration, except for disclosures of information required in the ordinary course of business or permitted by applicable law or regulation. The Arbitration shall take place in a location determined by the Arbitrator in the federal district of your residence, at a location determined by the Arbitrator.
      • All statutes of limitations that apply to any Covered Dispute apply to any arbitration between you and us.
      • This Arbitration Agreement constitutes the entire agreement between you and us and supersedes all prior arrangements and other communications about dispute resolution. The provisions of this Arbitration Agreement will survive termination, amendment, or expiration of your account with us, these Terms of Use, or any other relationship between you and us.
  15. No Agency Relationship.

    Except where provided for in a separate agreement between or among you and us, no agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by the Terms of Use. Without limiting the foregoing, except as expressly set forth herein, we are not acting and do not act as an agent for any user of the Services.

  16. Third Party Links.

    If the App or Services contain links to or accepts links from other sites and resources provided by third parties, these are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any such third party resources, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. Any concerns regarding any such service or resource or any link thereto, should be directed to the particular outside service or resource.

  17. Disclaimer of Warranties.

    You understand that we cannot and do not guarantee or warrant that the App or Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our App for any reconstruction of any lost data.

    YOUR USE OF THE APP, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP IS AT YOUR OWN RISK. THE APP, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE APP OR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE APP, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE APP OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  18. Limitation of Liability.

    IN NO EVENT WILL WE OR OUR LICENSORS, OR OUR EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APP OR SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. STHE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  19. Indemnification.

    To fullest extent permitted by law, you agree to defend, indemnify and hold harmless us and our licensors, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to, a third-party claim, action, or allegation of infringement, misuse, or misappropriation based on information, data, files, or other content or materials you submit to us, any fraud, manipulation, or other violation of these Terms of Use or the Services, your violation of any other applicable laws or rights of a third party, including but not limited to rights of privacy, publicity or other property rights, or any use of the App, its content, the Services and products other than as expressly authorized in these Terms of Use.

  20. General.

    • The Terms of Use (together with the Privacy Policy) and the agreements entered into by you through the Services represent the parties' sole and entire agreement relating to the use of the Services and supersedes any prior or contemporaneous, conflicting or additional, communications.
    • Each of the terms in these Terms of Use stands alone, and any term or condition that is inconsistent with the laws governing the Services or the App will be deemed to have been modified by us and applied in a manner consistent with such laws. If any provision of these Terms of Use or portion thereof is held to be unenforceable or invalid for any reason, then such provision or portion thereof shall be modified or deleted in such manner as to render the Terms of Use as modified to be legal and enforceable to the maximum extent permitted under applicable laws.
    • You may not assign these Terms of Use without our prior written consent but these Terms of Use may be assigned, transferred, delegated, and sublicensed by us. Any purported assignment in violation of this section shall be void. Any and all rights not expressly granted herein are reserved by us.
    • Headings are for reference only and don't define, limit, construe, or describe the scope or extent of a section.
    • We may agree to waive a provision of these Terms of Use. We may revoke any waiver, and any failure to act with respect to a breach of the Terms of Use by you or others doesn't waive our right to act with respect to subsequent or similar breaches.
    • The words "include" and "including," when used at the beginning of a list of one or more items, indicates that the list contains examples – the list is not exclusive or exhaustive, and the items in the list are only illustrations. They are not the only possible items that could appear in the list.
    • Any and all rights not expressly granted to you are hereby reserved by us.
    • NOTICE: The automotive images or video contained herein are owned by EVOX Productions LLC ("EVOX") and are protected under United States and international copyright law.
  21. Contact Us.

    If you have any questions about these Terms of Use, or have any other feedback, comments, requests for technical support and other communications relating to the App, we invite you to contact us at: support@fair.com. We will do our best to respond promptly and to try to resolve any issue.