Effective: March 24, 2017
Welcome to FordPass, a smarter way to move! FordPass is a new platform that will empower you to rethink the way you travel. Through a collection of current features, and features coming soon, FordPass will provide you with more mobility options so you can go further than you thought possible.
Ford is working to continually improve and expand the FordPass features and functionality for our customers. These Terms describe features currently available as well as features we expect to add in the future. The Terms apply to all of the features described below, but you can check the FordPass app to see which ones are currently available. Check back often as we add new features to understand what that feature can do for you!
Before we get started, we want you to know how FordPass works and we need you to click “Accept” to accept our Terms. Please review carefully.
A few important points:
You can use the Table of Contents below to easily move through these Terms:
These Terms apply to your access to and use of the FordPass application (“FordPass”), which is owned by Ford Motor Company, One American Road, Dearborn, Michigan 48126 United States of America (hereinafter “Ford”, “we”, “us”). These Terms do not alter in any way the terms of any other agreement you may have with us. If you want to retain a copy of these Terms, please visit this link and save or print them. Access to and use of FordPass under these Terms is limited to the United States.
By clicking “Accept” and/or using FordPass or its features, you agree to be bound by these Terms. You must be at least 18 years old, or the age of majority, as determined by the laws of your state or territory of residency, in order to accept these Terms, and hold a FordPass account.
FordPass allows you to set profile information and certain preferences in your account. You may not create names that are profane or obscene. If we decide any name you have created is profane or obscene, we reserve the right to remove or discontinue your use of FordPass. In addition, FordPass allows you to authorize other users to create their own profiles that will be linked to your FordPass account. You are responsible for all use by and through anyone you may authorize. If you authorize anyone that is under 18 years old, they may only use FordPass under your supervision when you are bound by these Terms.
We may modify these Terms at any time. We will alert you through FordPass of any material changes to these Terms, and allow you an opportunity to accept the modified Terms. Other modifications will be effective immediately upon being posted on FordPass or at such later time as we may specify, and your continued use of FordPass or its features will indicate your acceptance of the modified Terms. If you do not agree to these Terms or any modification of these Terms, then you must immediately stop using FordPass.
We reserve the right to change, update, improve, correct, modify, suspend, discontinue or cancel all or part of FordPass, including any of its features, functionalities or manners of operation at any time without any notice or obligation to you. Your use of FordPass after any changes are implemented will be considered acceptance of such changes. FordPass may not be available during maintenance breaks and other times.
If you object to any changes to FordPass or to these Terms, your sole recourse is to stop using FordPass.
b. System Requirements/Updates/Changes/Cancellation
Use of FordPass requires a compatible mobile telephone or handheld device, internet access (fees may apply), and software (fees may apply), and may require obtaining updates or upgrades from time to time. Contact your data carrier for more information regarding usage rates and fees.
In some cases, you may need to install the newest version before you can use FordPass again. Make sure that you can always access your vehicle even if you can’t access FordPass.
Certain FordPass features may require your vehicle to have a compatible SYNC in-vehicle system or an embedded modem (“Software”). If your vehicle is equipped with Software, you agree that we or our affiliates or service providers may remotely check and automatically update your Software according to the vehicle software End User License Agreement (“EULA”) provided in your vehicle’s Owner Guide or otherwise by us. You may be able to update your Software through FordPass if you choose. You further agree that Ford, its affiliates, service providers, and/or designated agents may periodically check the version of the Software and may remotely deliver Software updates, upgrades, supplements, or changes to the Software without any further notice or additional consent. Data usage rates and fees may apply.
Not all features or services will be available in all markets and coverage may be limited, including due to your vehicle capability and data plan coverage. Availability of features is subject to change and dependent on mobile device and vehicle capability and the internet access available to you. FordPass may be unavailable or interrupted from time to time for a variety of reasons, such as environmental or topographical conditions and data plan coverage.
You are responsible for keeping your FordPass account information and password secret, and for any activity that occurs under your account, including unauthorized activity. You agree to notify us immediately of any unauthorized use of your account or password.
To uninstall FordPass, you must use the application management tools provided with your device. Consult your device manual for assistance.
If your vehicle has embedded connectivity and you connect your vehicle through FordPass, your vehicle will continue transmitting data to Ford even if you uninstall FordPass. If you want to turn off data transmission from the vehicle, please consult your vehicle’s owner guide to turn-off data transmissions, which may require a Master Reset in the SYNC settings.
Information We Collect. We collect the following types of information through your use of FordPass or third-party services that integrate with FordPass, such as Ford GoBike, which we also may combine with other information you have previously provided, or that we have collected from other sources:
How We Use Information We Collect: We use your personal information – information that reasonably identifies you – to provide you with great functionality and services, allow you to control certain vehicle features, fulfill requests you’ve made in FordPass, personalize your experience, troubleshoot problems, develop new and improved products, services, and marketing strategies and research, to protect safety, property, privacy, and security, or to comply with legal requirements. WE MAY send communications about products, services, offers, promotions, news, and more that are customized based on your personal information, including your location, speed, and driving characteristics. You may choose not to provide certain personal information (such as not entering a VIN to connect to your vehicle or not entering a credit card to use My Wallet services), but this may limit or prevent use of certain features. We may use and share non-personal information for any purpose.
How We Share Information: We do not provide personal information obtained through FordPass to anyone for independent use without providing you a choice, except authorized dealers and our affiliates (the group of companies related by common control or ownership) and as described below.
Children’s Privacy: FordPass does not knowingly intend to collect personal information from children under 13 years of age.
How to Contact Us, Access, or Control the Use of Your Information: For more information or to request correction or removal of personal information, contact us as set forth in the Contact Us section below.
Security and Retention of Your Information: We use systems, policies, procedures, and technology to provide reasonable security to protect and maintain the security and accuracy of your information. We will only retain your personal information for so long as reasonably necessary to fulfill legitimate business purposes.
Your California Privacy Rights: To review, please visit www.ford.com/help/privacy/california/.
The following terms (“Mobile Payment Terms”) apply to the mobile payment features of designated Lincoln and Ford mobile apps (“Apps”), including My Wallet (in the FordPass App) and Lincoln Pay (in the Lincoln Way App), which allow you to store payment cards so you can make purchases through the Apps. We refer to My Wallet and Lincoln Pay generally as the “Mobile Payment” features. The Mobile Payment features are maintained and operated by Ford, Lincoln, or their third-party payment service providers.
If you use the same login information for FordPass and Lincoln Way, your Payment Card information provided through one App will automatically be imported when you access the Mobile Payment features of the other App.
By clicking “I accept,” you:
We may modify the Mobile Payment Terms at any time. We will alert you through the Apps of any material changes to the Mobile Payment Terms, and allow you an opportunity to accept the updated terms. Modifications will be effective immediately upon being posted on the App or on a future date as we may specify, and your continued use indicates your acceptance of the modified Mobile Payment Terms.
If you do not agree to the Mobile Payment Terms or any modifications to the Mobile Payment Terms or features, your only option is to stop using the Mobile Payment features.
We reserve the right to update, modify, suspend, or discontinue any part of the Mobile Payment features at any time without any notice or obligation to you. Mobile Payment features may not be available during maintenance breaks and other times.
a. Account Registration
To use the Mobile Payment features, you must register a valid credit card or debit card (“Payment Card”). Our registration process asks you for your name, address, credit card or debit card number(s) and associated information necessary to process payments with the Payment Card and make purchases. All information provided during registration must be current, accurate and complete.
You authorize Ford and Lincoln to confirm that your Payment Card is valid, including by submitting a payment authorization request or a low dollar authorization credit and/or debit to the Payment Card, in accordance with the relevant rules of the payment or credit/debit card network, such as Visa, MasterCard, American Express or Discover (“Network”). If we submit a low dollar authorization, your card is not actually being charged, and any temporary charge shown on your account will disappear in a few days.
b. How Mobile Payments Work / Our Role
The Mobile Payment features let you make payments using most Network-branded credit and debit card-based payment products, using services and technology provided by third-party payment service providers, which are subject to change at any time. These payment service providers are not banks and do not hold or transmit any of your funds or extend credit.
You authorize our payment service providers to collect, analyze and relay information generated in connection with purchases from a Merchant that you make with the Mobile Payment features (“Transactions”). Transactions are subject to the terms and conditions governing your Payment Card and to any agreements between you and the issuer of your Payment Card. You acknowledge and agree that Transactions are solely between you and the seller of goods or services you are purchasing, which may or may not be Ford or Lincoln as specified for each Transaction.
c. Supported Cards
Most US-issued credit and debit cards with a Network brand can be used with the Mobile Payment features, though certain card types may not be used. Eligible Payment Cards are subject to change at any time.
d. Recurring Payments
If a Merchant offers you the ability to use the Mobile Payment features to make recurring payments on a monthly or other periodic basis, such as a subscription or a car payment (“Recurring Payments”), you may do so by following the prompts and providing the requested information. You authorize your selected Payment Card to be charged in accordance with the schedule for such Recurring Payments. Unless otherwise stated, your Recurring Payments and the relevant billing authorization will continue indefinitely until you cancel.
e. Transaction History
When you make a payment with the Mobile Payment features, we will update your activity in the App and provide you a Transaction confirmation on your device. The Transaction confirmation will serve as your receipt and the Transaction also will appear on your Payment Card statement. Except as otherwise required by law or by the terms of another agreement between us, you are solely responsible for (a) compiling and retaining permanent records of all Transactions and other data associated with your use of the Mobile Payment features, and (b) reconciling all transactional information that is associated with the Mobile Payment features. If you believe that there is an error or unauthorized Transaction activity, you agree to contact us immediately.
Except as set forth in the Mobile Payment Terms, all Transactions are non-refundable and non-reversible. You may have additional refund or charge-back rights based on a Merchant’s policies or under your Payment Card issuer agreement or applicable state and federal laws. You should review your periodic statement received from the issuer of your Payment Card to verify your Transactions.
g. Customer Service
We provide customer service for issues relating to how the Mobile Payment features work. For other issues – like pricing, order fulfillment and cancellation, returns and refunds, product functionality or technical support, contact the appropriate merchant. For issues related to your Payment Card, contact your card issuer.
h. Periods of Inactivity
If our records indicate that you have not used the Mobile Payment features in one or more of the Apps for at least six (6) months (or another period that we may specify), we may disable your access to the Mobile Payment features.
i. Suspension or Termination
We may suspend or terminate your access to the Mobile Payment features for any reason or no reason at any time upon notice to you. Without limiting the foregoing, we may also suspend your access to any Mobile Payment features if (a) you have violated the Mobile Payment Terms, (b) you pose an unacceptable fraud risk to us, (c) you provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct, or (d) we notice suspicious activity.
j. Effect of Termination
We will not be liable to you or any third party for compensation, reimbursement, or damages in connection with your use of the Mobile Payment features, or any termination or suspension of the Mobile Payment features or your access to it, including with respect to any deletion of your information or account data. If your Mobile Payment account is terminated for any reason or no reason, you agree (a) to continue to be bound by the Mobile Payment Terms and remain responsible for any Transactions you have processed through the Mobile Payment features, (b) to immediately stop using the Mobile Payment features, (c) that the license provided under the Mobile Payment Terms shall end, and (d) that we reserve the right (but have no obligation) to delete all of your information and account data stored on our servers.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE MOBILE PAYMENT FEATURES IS AT YOUR OWN DISCRETION AND RISK, AND NONE OF FORD, LINCOLN, THEIR EMPLOYEES AND SUPPLIERS, OR THE PAYMENT SERVICE PROVIDERS ARE RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOUR USE OF THE MOBILE PAYMENT FEATURES, INCLUDING WITHOUT LIMITATION, ANY FAILURE TO COMPLETE TRANSACTIONS IN ACCORDANCE WITH YOUR INSTRUCTIONS.
l. Indemnity and Release
By using the Mobile Payment features, you agree that you will defend, indemnify, release and hold harmless us and our subsidiaries and affiliates, their respective distributors, dealers, dealer associations, suppliers, licensors, partners and advertising and promotions agencies, from and against any liabilities, claims, damages and expenses (including reasonable attorneys’ fees and costs) arising out of any use of the Mobile Payment features by or through you, your breach or alleged breach of the Mobile Payment Terms, or your violation or alleged violation of the patent, copyright, trademark, proprietary or other rights of third parties. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and, in such case, you shall agree to cooperate with our defense of such claim.
You acknowledge and agree that your app store provider has no liability, responsibility or obligation to you, including with respect to the investigation, defense, settlement or discharge of a third party’s intellectual property infringement claim.
The Mobile Payment Terms, together with the Terms and Conditions for the Apps, and any additional terms to which you agree when using particular elements of the Apps, constitute the entire agreement regarding the Mobile Payment features. The Mobile Payment Terms are governed by, and construed in accordance with, the laws of the State of Michigan (except in relation to any conflict of law provisions thereof), except to the extent local law requires otherwise. Unless local law mandates otherwise, all lawsuits arising from or relating to the Mobile Payment Terms shall be brought in the Federal or State courts located in Wayne County, Michigan. If a court determines that any term or condition is illegal, invalid, or unenforceable, then such term will be eliminated and the remaining terms and conditions will remain in full force and effect. Our failure to exercise or enforce any right or provision of the Mobile Payment Terms shall not constitute a waiver of such right or provision.
n. Contact Us
If you have any questions, comments, or claims regarding the Mobile Payment features, you may contact us by finding your local contact information by going to http://owner.ford.com/contact-us.html?pagename=Owner/Page/ContactUsPage, or contacting us in the U.S. at:
800-521-4140 (Lincoln U.S.)
800-392-3673 (Ford U.S.)
800-232-5952 (TDD for the hearing impaired)
Available M-F 8:00 am - 5:00 pm ET
Available Sat. 9:00 am – 5:30 pm ET
Lincoln Motor Company / Lincoln Concierge
Ford Motor Company / Customer Relationship Center
P.O. Box 6248
Dearborn, MI 48126
Your vehicle may have the ability to access certain operational features through FordPass, including locking and unlocking the doors, remote start and remote stop. These features may not be available on all vehicle makes and models.
Note: SYNC Connect, an optional feature on select vehicles (includes SYNC Connect service for five years from the original vehicle sale date as recorded by the Ford dealer), is required for certain features. SYNC Connect subscription fees apply after five years.
Note: Always take your key or key fob with you when you leave your vehicle. Remote unlock may not function during service interruptions or if the battery is too low.
Various features of FordPass (including My Dealer) allow you to connect with your dealer, including to schedule services, locate dealers, get directions to your dealer, and view new dealer inventory. By using the locator services you will be subject to the terms provided by the location or mapping service that you use.
All service appointments and vehicle services are the responsibility of you and your dealer. Dealers are separate legal entities, independent from us, and we are not responsible or liable for dealers’ activities, including any services you receive from your dealer or the content of dealer websites.
You may also be able to view new inventory at your preferred dealer. The inventory listed on FordPass may not be current with the exact inventory available with your dealer. Contact your dealer for the actual price and availability of any vehicle and any applicable terms and conditions that may apply.
The My Vehicle feature may allow you to access certain information related to your vehicle via FordPass. In order to register your car with the My Vehicle feature, you will need to input your VIN number. By registering your vehicle with My Vehicle you expressly opt-in to receiving notifications, including email, as well as other communications from us related to the My Vehicle feature. If you wish to opt-out of these communications, please contact Ford Guides through FordPass or stop using the My Vehicle feature by changing your preferences in the settings menu of FordPass. You must be an authorized user of a vehicle in order to link your FordPass account to the VIN of a vehicle you do not own or lease, which may have to be approved by a primary account holder and authenticated in the vehicle. You may remove your VIN from FordPass at any time, however removal of the VIN may affect certain FordPass features.
If equipped, the vehicle status feature may allow you to view certain notifications on FordPass, regarding Vehicle Health Alerts. These alerts may include electric battery health, fuel level, fuel consumption, odometer, tire pressure, VIN number, and other diagnostic information. These notifications should not be used or relied upon in place of normal vehicle maintenance. If at any time you believe there may be an issue or problem with your vehicle, consult with a professional for diagnosis and required maintenance.
If your vehicle has Wi-Fi hotspot functionality and you have activated a data plan, you can view information about your data plan through FordPass. You must sign up for wireless service directly with your vehicle’s wireless provider, and your provider is solely responsible for the wireless service, subject to separate terms and conditions you agree to when you activate your service, and for the data about your plan available through FordPass. Always pay careful attention to the road and do not drive distracted. Wi-Fi hotspot intended for passenger use only.
Parking-related services are limited to informing you of the location and potential availability of parking, and (for certain parking locations, as indicated) enabling you to reserve and pay for parking. We may use third parties to provide these services. We do not, however, sell parking, provide a parking service, operate a parking lot, or otherwise accept custody of motor vehicles. These services are provided by others, such as parking facility owners or operators, and they are in no way our agent or acting on our behalf.
You must set up Mobile Payments to reserve and pay for parking. By doing so, you consent to your payment card on file being charged the applicable amounts to pay for parking. Please review the Mobile Payment terms described above for more details.
Parking rates are set directly by the parking owner or operator, not us. Reserved rates may differ from drive-up rates (if available), and may be subject to change. You are responsible for paying the actual rates for all parking, including any costs for parking in excess of your booked time.
To receive your reserved parking, you must present the FordPass parking pass to the parking operator in accordance with the instructions included with your booking. If you do not present the parking pass to the parking owner or operator your reservation will not be honored, you will not get credit for your payment and your payment will not be refunded or otherwise compensated. Resale or transfer of a parking pass is not permitted.
Booked parking is valid only for the dates and times listed on the FordPass parking pass. You may cancel your booking for any reason for a full refund up to the start time of the reservation (unless noted otherwise). After the start time of the reservation, all bookings are non-refundable, even if you are unable to use the parking or if you do not use all the time you have paid for. We are not responsible for postponed events, partial performances, venue, date, or time changes, road closures, or traffic conditions. Except for the option described above to receive a refund prior to the start of your parking reservation time, all payments made for parking are final.
You are responsible for selecting your parking and compliance with all signs, laws, and regulations relating to parking. You also are responsible for compliance with the agreement with the operator of the parking facility as posted at the location or otherwise provided to you (which agreement will, in all cases, govern the parking arrangement). Allocation of parking spaces is not within our control and we do not guarantee the availability of a specific parking spot. Please use your best judgment when deciding on a parking facility or location and do not park at a facility or location that you do not feel is safe and secure.
If you choose to use the FordPass timer feature to set the time of your parking, the use is at your own risk. We are not responsible for any tickets or fines that you incur as a result of your use of the timer.
We do not represent or warrant the quality, suitability, safety, or security of any parking, and we disclaim all liability arising from any lack of quality, suitability, safety, or security of any parking or otherwise related to your use of parking and parking facilities and locations (including, without limitation, liability regarding the safety or security of persons or property in parking facilities and locations, and the consequences of not being able to park or delays associated with parking). This limitation does not preclude the refunds listed herein or other remedies available to you by law.
When you register with FordPass you are automatically enrolled in FordPass Perks. Perks include special offers and other promotions, which may be based on things you do through FordPass. You do not have to use Perks in order to use other parts of FordPass. The type and frequency of offers and promotions will vary, and each one is subject to its own terms or rules, which you should review. Perks are separate from any other loyalty programs offered through us or our affiliates. Perks are subject to change at any time, and some features may not be available on all vehicle makes and models.
You agree to receive Perks communications from Ford, your authorized dealership, and affinity partners, which may be customized based on personal information you provide to us through FordPass, such as location and driving characteristics.
You are solely responsible for any applicable taxes associated with Perks.
FordPass may offer certain guides and roadside assistance, subject to your vehicle’s warranty and may not be available for all makes and models of vehicles. If your warranty is expired you may not be able to access this feature. If you wish to obtain extended warranty coverage at any time, please contact us as set forth in the Contact Us section below. Furthermore, if you no longer have a warranty and wish to purchase roadside assistance through FordPass, you may do so by contacting Ford Guides.
Assistance may be provided by live chat or through email with remote Ford Guides. FordPass may allow you to provide contact information for a Guide to contact you via phone, email or text. If you provide your contact information, you are expressly consenting to a Ford Guide to contact you. Phone calls may be recorded for quality assurance purposes, and by continuing to speak with the Ford Guide you consent to having the call recorded for such purposes.
Any maps or guides available through FordPass may not accurately reflect current road conditions as these are subject to change. We will not be liable for any damage to you, your passengers, third parties or your or other vehicles due to your use of FordPass or due to faulty or poor road conditions. Please take caution when driving to ensure that road conditions are safe. Without limiting any disclaimers set forth in the vehicle warranty terms, we do not make any, and hereby expressly disclaim any representation or warranty regarding the accuracy, completeness or quality of any information or advice given in connection with this FordPass feature.
Ford Guides cannot address warranty or customer service questions or concerns about products sold by Ford. If you have a question about a Ford product or have a concern with a vehicle, please contact your authorized Ford dealer or Ford’s Customer Relationship Center as listed in the Contact Us section below.
Warning: We recommend against the use of any hand-held device while driving, riding bicycles, or any other activity that requires your full attention, and encourage the use of voice-operated systems when possible. Accessing or using FordPass on hand-held devices while driving, riding a bicycle, or other activity could distract your attention and result in loss of vehicle control, crash and injury. FordPass may send messages or push notifications to your cell phone. Do not read messages on hand-held devices while driving, riding a bicycle, or similar activities.
If you choose to communicate with us, you expressly consent to our representatives contacting you in the manner you request. You can choose whether or not to receive push notifications in the FordPass settings. You may opt-out of receiving FordPass emails by unsubscribing in the email. You may continue to receive communications within FordPass.
FordPass may use data from third-party sources, such as maps and directions, to provide services. This data and other information may not always be accurate. We are not responsible for any data provided by third-parties or your reliance upon the same. Terms applicable to location based services to which you will be bound by using FordPass include:
FordPass may contain or rely in part on certain free, shared, or public library software (“Open Source Software”). Please refer to the posted Open Source Software acknowledgements located at http://corporate.ford.com/ford-open-source.html for more information on any obligations or restrictions that may apply to the use of Open Source Software.
FordPass and any content (images, logos, music, wallpaper, badges, etc.), data or software made available through or in connection with FordPass (including via FordPass-related websites) (collectively, “FordPass Content”) is owned by us or used under license. FordPass Content is protected by worldwide copyright, trademark, patent, trade secret, or other proprietary rights whether or not a copyright notice or other proprietary mark is present. You agree to comply with all copyright laws in your use of FordPass Content, including preventing any unauthorized copying. Except as expressly provided herein, we do not grant any express or implied proprietary rights to FordPass Content.
Subject to your compliance with these Terms and any other terms communicated in connection with specific FordPass Content, we grant you a non-exclusive, non-transferable, limited right to access, view, use, display and listen to FordPass Content for your personal, non-commercial use only. You agree not to dispute our claims of ownership or validity of our rights in FordPass Content.
If you violate any of the Terms, your rights will immediately terminate and we may terminate your access to FordPass Content without notice and without any refund of fees, if applicable.
Any right or authorization granted to you by us is also subject to the following restrictions:
CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE FORDPASS OR OTHERWISE UNDERMINE OUR LEGITIMATE BUSINESS OPERATIONS MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WE RESERVE THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW.
The Ford name, and all trademarks and logos displayed on FordPass are owned or used under license by us. The unauthorized use of any trademark displayed on FordPass or included in any FordPass Content is prohibited.
If you believe that any content on FordPass infringes your copyright rights, please contact our designated agent for receiving such notifications in writing as follows:
Peter N. Tassie
330 Town Center Drive, Suite 800
Dearborn, Michigan 48126
Email address: DMCA@ford.com
Fax number: 1-313-322-7162
Your communication must comply with the “Elements of Notification” requirements set forth in 17 U.S.C. § 512.
New or confidential ideas are prohibited on FordPass. If you have an innovative idea, please use the official Ford process at: http://corporate.ford.com/innovation/innovation-ideas-submission.html.
You grant to us an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide license to (a) use, copy, transmit, distribute, modify, create derivative works, adapt, delete, sub-license, combine with other ideas or works, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your User Submission in any manner and for any commercial purpose (including, product, service or advertising).
By using FordPass you agree that you will defend, indemnify and hold harmless us and our subsidiaries and affiliates, their respective distributors, dealers, dealer associations, suppliers, licensors, partners and advertising and promotions agencies, from and against all the liabilities, claims, damages and expenses (including reasonable attorneys’ fees and costs) arising out of any use of FordPass by or through you including any of its features or services, your breach or alleged breach of these Terms, and/or your breach or alleged violation of the patent, copyright, trademark, proprietary or other rights of third parties. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and, in such case, you shall agree to cooperate with our defense of such claim.
You acknowledge and agree that your app store provider has no liability, responsibility or obligation to you, including with respect to the investigation, defense, settlement or discharge of a third party’s intellectual property infringement claim.
FordPass and/or any of its features may be unavailable, inaccurate or interrupted from time to time for a variety of reasons outside of our control. We are not responsible for any interruptions or errors of FordPass or its features. We may modify, suspend, or discontinue FordPass or any feature at any time without notice. FordPass and all the information accessible through it are provided for information purposes only on an “as is” and “as available” basis. We, our information providers and their agents make no warranties, representations, or guarantees of any kind, express or implied, including but not limited to, accuracy, currency, or completeness, the operation of FordPass, the information, materials, content, availability, and products. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SHAREHOLDERS, REPRESENTATIVES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH FORDPASS AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE, OUR INFORMATION PROVIDERS AND THEIR AGENTS ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF FORDPASS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM FORDPASS, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH FORDPASS BY ANY THIRD-PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA FORDPASS.
TO THE FULLEST EXTENT PERMITTED BY LAW WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH FORDPASS OR ANY HYPERLINKED WEBSITE OR APP, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NEITHER WE, OUR INFORMATION PROVIDERS OR THEIR AGENTS ARE PROVIDING ANY LEGAL, TAX, MEDICAL, COUNSELING, ACCOUNTING, INVESTMENT, FINANCIAL OR ANY OTHER PROFESSIONAL SERVICES OR ADVICE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OR OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SHAREHOLDERS, REPRESENTATIVES OR AGENTS BE LIABLE FOR ANY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, PROFITS, GOODWILL, DATA, OR USE OF MONEY, WHETHER IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), CONTRACT OR OTHERWISE, ARISING OUT OF OR RELATED TO ANY ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE FORDPASS OR ANY OF ITS FEATURES, FUNCTIONALITIES, CAPABILITIES OR CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This section does not affect, and is not intended to affect, any rights that a consumer has that are not able to be excluded under applicable consumer laws.
These Terms together with any additional terms to which you agree when using particular elements of FordPass constitute the entire agreement regarding FordPass and any services. Unless and to the extent local law requires otherwise, these Terms are governed by, and construed in accordance with, the laws of the State of Michigan, except in relation to any conflict of law provisions thereof. Unless local law mandates otherwise, all lawsuits arising from or relating to these Terms shall be brought in the Federal or State courts located in Wayne County, Michigan. If a court determines that any term or condition in these Terms is illegal or unenforceable, then such term will be eliminated and the remaining terms and conditions will remain in full force and effect. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
If you have any questions, comments, or claims regarding FordPass you may contact us by finding your local contact information by going to this website http://corporate.ford.com/our-company/country-websites, or contacting us in the U.S. at:
800-232-5952 (TDD for the hearing impaired)
Available 8:00 am - 5:00 pm EST
Monday - Friday
Ford Motor Company
Customer Relationship Center
P.O. Box 6248
Dearborn, MI 48126