Privacy Policy, Terms and Conditions

Terms and Privacy Policy (“Terms”)

Version: 1.9

Effective: January 1,2024

FordPass is a platform that empowers you to rethink the way you travel. Through a collection of current features and programs, and features coming soon, FordPass provides you with more options so you can go further than you thought possible.

Ford is continually working to improve and expand the FordPass programs, features and functionality to meet the everchanging needs of our customers. These Terms describe FordPass programs and features currently available as well as features planned for the future. The Terms apply to all of the features described below, but you can check the FordPass website and mobile app to see which features are currently available. Some FordPass features may be available only in the App or on the Site. FordPass may also integrate with other services or devices, and these features may be subject to separate or supplemental terms or privacy practices – these will be presented to you in connection with that feature. Check back often as we add new programs and features to understand how you can get the most out of FordPass!

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:

· FordPass relies on data from you, your computer or mobile device, and from your vehicle -- such as vehicle location and driving data -- if your vehicle is equipped with connectivity features or technologies and associated to your FordPass account. This is so we can deliver to you great functionality and services, as well as communications tailored to your interests. We may share this information, including with our authorized dealers and affiliates, as described in the FordPass Privacy Policy, which you can read in Section 2 below.

· In addition to App updates and things including but not limited to wireless network strength and availability issues, dead batteries, or lost phones, make sure that you can always access your vehicle even if you can’t access FordPass – always take your key or key fob with you, and check your in-vehicle systems if any information in FordPass doesn’t seem right. And only use FordPass when it’s safe to do so.

· Periodically, we update the App to introduce new features or fix issues. In some cases, you may need to install the newest version of the App before you can use FordPass again.

· Even if you choose the Spanish version of the App, some sections of the App including certain messages regarding vehicle health may be displayed in English. If you have any questions regarding any such message please contact a Ford Guide.

· These Terms contain important disclaimers and other provisions that limit our liability to you.

1. General Information

These Terms apply to your access to and use of the FordPass and FordPass Rewards websites (the “Site(s)”) and FordPass mobile application (the “App”) (the App and Site are collectively referred to as “FordPass”), and the FordPass Rewards loyalty program (“FPR” or the “Program”) which are owned and/or administered 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. Membership in FPR is limited to U.S. residents, excluding residents of U.S. territories.

a. Acceptance

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 is only open to individuals; companies, groups and organizations cannot be members. To join, you must have a valid email address at the time of enrollment. Each email address may be only associated with one FPR member and one FordPass account (“FP Account”). Individuals may not have multiple memberships. However, a household may have more than one membership. Individuals who have the same permanent address are members of the same household (“Household”). FP Accounts cannot be merged or transferred.

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. You may register an eligible vehicle with your FP Account. Only vehicles which are owned by a member of your Household may be registered to your FP Account. In addition, FordPass allows you to authorize other users to create their own profiles that will be linked to your FordPass account. Authorized users can view vehicle information including, but not limited to, vehicle location, upcoming and past trips, and FordPass as well as vehicle usage information. Additionally, authorized users will have access to remote vehicle features such as remote lock and unlock. 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. Further, you agree to make all other drivers, passengers or guests of your vehicle aware of these Terms and subject to these Terms including owner access to Connected Vehicle Information (as defined in Section 2, below). You are solely responsible for the use of FordPass and its features, programs, and functionalities for how it interacts with your vehicle, even if you are not the one using FordPass or its features, programs, functionalities, or credentials and even if you claim later that another persons’ use was not authorized.

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. Please see Section 8 below for the FordPass Rewards Terms which differ from the modification policies for updates to FordPass Terms.

We reserve the right to change, update, improve, correct, modify, suspend, discontinue or cancel all or part of FordPass, including any of its or associated features, programs, 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 computer and internet browser, 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 internet service provider or data carrier for more information regarding usage rates and fees.

In some cases, you may need to install the newest version of the App before you can use FordPass again. Make sure that you can always access your vehicle even if you can’t access FordPass.

Do not download and install the App on a jailbroken device. Using a jailbroken device may expose your mobile device to risks, including but not limited to security vulnerabilities, stability issues, potential crashes and freezes, and a shortened battery life.

Certain FordPass features may require your vehicle to have a compatible SYNC in-vehicle system or FordPass Connect (“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. Depending on how your vehicle is equipped, you may be able to update the Software through FordPass if you choose. You further agree that Ford, its affiliates, service providers, and/or designated agents may periodically check the Software version 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, services or programs 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 also depend on your mobile device and vehicle capability and the internet access available to you. Some features may only be available through the Site or through the App. Some features may require you to register your Vehicle Identification Number (VIN) through the Site or through the App. FordPass may be unavailable or interrupted from time to time for a variety of reasons, such as environmental or topographical conditions and internet or data plan coverage.

Where available, you may be able to create a log in name by entering your email address and password, or by using your Facebook, or other social media account login information. If you choose to log in using a social media account, you allow us to access your publicly available information (e.g., name, user ID, profile picture), and other information you “Allow” that social media account to access. Please review your social media account privacy policy and terms and conditions before using this method of authentication.

You are responsible for protecting your information, including keeping your FordPass account information and password secret, and for any activity that occurs under your account, including any unauthorized activity. You agree to notify us immediately of any unauthorized use of your account or password.

To delete or uninstall FordPass from your mobile device, you must use the application management tools provided with your device. Consult your device manual for assistance. Deleting or uninstalling FordPass from your mobile device does not cancel your FordPass account.

To delete or cancel your FordPass Account ues the “Delete Account” feature in the app or contact Customer Support at Fordpass@ford.com. Deleting your Account will delete access for other authorized users of your Account with the same use email. By deleting or cancelling your FordPass Account, you will no longer be able to take advantage of all the FordPass features available for your vehicle(s) added to your account including but not limited to remote features (e.g. remote lock and unlock) connected vehicle data including location and driving data, Connected Services and Connected Service plans; plus you also will cancel your membership in FPR. All FPR membership benefits, including accrued Points (as defined below) will immediately be forfeited upon cancellation.

If your vehicle has connectivity technology (e.g. FordPass Connect or Lincoln Way modem or a Connectivity Device) and you connect your vehicle to your FordPass account, your vehicle will share Connected Vehicle Information (e.g. Vehicle Location and Driving Data) with Ford. Deleting or uninstalling FordPass from your device will not disable data sharing. Depending on how the vehicle is equipped, different in-vehicle controls may be available to you. Learn more about modems, other connectivity technology, in-vehicle controls, and in-App controls in the Owner’s Manual or call the Ford Customer Relationship Center. To stop FordPass-related vehicle data transmission and access enabled by connecting your vehicle to FordPass, contact the customer relationship center; and consult your vehicle's Owner’s Manual (and follow the procedure to disable your connectivity device which may require performing a Master Reset to stop data transmission.

Prior to selling or transferring ownership of the vehicle, complete an in-vehicle Master Reset or an in-App User Reset (available methods vary on equipment model) to return the vehicle to the default settings.If you forgot to perform a Master Reset or User Reset and no longer have possession of the vehicle, please remove the vehicle from the Garage with the FordPass App. Removing the vehicle from the Garage must be done for all associated accounts in order to remove the remote access

2. Privacy Policy

The FordPass Privacy Policy supplements the Ford Motor Company Privacy Policy located at https://www.ford.com/help/privacy/, which further describes categories of personal information, including Connected Vehicle Information collected, sources and uses, and California privacy rights of California residents as of January 1, 2020. These Policies will help you understand what personal information we collect from certain FordPass webpages located on owner.ford.com and the FordPass mobile app (collectively referenced herein as “FordPass”, “site”, “website” and “FordPass mobile app”), why we collect it, and how it is used or shared. FordPass may integrate with other services or features that are subject to different privacy policies as described in connection with those services or features. Please review those privacy policies to understand how they collect and use data.

FordPass Mobile App

This Privacy Policy incorporates by reference the FordPass mobile app Terms and Conditions.

Personal Information We Collect: We collect the following types of personal information through your use of FordPass or third-party services that integrate with FordPass:

Information you provide to create an account, sign in to an existing account, or use available services such as name, email address, photo, street address, telephone number, credit card, VIN, and vehicle service records. You must have an account to use FordPass mobile app and to access certain functionality on the FordPass website.
Depending on the vehicle’s equipment, the services/features available in the vehicle, and the settings applicable to those services/features, Connected Vehicle Information including:
- Vehicle Location: Non-precise or precise location/GPS information, including current vehicle location, travel direction, speed, charging locations used (if applicable), and information about the environment where the vehicle is operated (such as weather, road segment data, trail and road surface conditions and geometry, traffic signs, and other surroundings, may be collected from the vehicle in connection with location-based functions of FordPass. Vehicle Location may also be derived from IP address.
- Driving Data (may also be referred to as Driving Characteristics and Behavior): Information about how the vehicle is operated and used (such as speed, use of accelerator, brakes, steering, seat belts, activation of airbag deployment, collision signals, etc.).
- Vehicle Data (may also be referred to as Vehicle Information): Information about the vehicle, its components and parts, including their status and performance and diagnostics of vehicle systems (such as the VIN, hardware model and part numbers, odometer, tire pressure, fuel and fluid levels, battery and lock status, trouble codes, warning indicators, alerts, and SYNC diagnostics), vehicle charging information (if applicable), and other information about how the vehicle is performing.
- Audio/Visual (may also be referred to as Connected Voice Data, Digital Assistant, or Ford Assistant): Voice commands and other utterances captured when the vehicle’s voice recognition system is in “active listen” state.

Connected Vehicle Information collected through your use of FordPass or third-party services that integrate with FordPass may be associated with a vehicle’s unique identification number (“vehicle identification number” or “VIN”) or other identifiers, and those identifiers may be linked to you.

We may collect Connected Vehicle Information from the vehicle in de-identified form, such that the information cannot reasonably be linked back to you. We may also de-identify Connected Vehicle Information and use it for any purpose in accordance with applicable law.

Certain “Connected Services” (which are services that use Connected Vehicle Information) require connection between your account and the vehicle’s FordPass Connect modem using the FordPass app.

Mobile Device Location: Precise location information is collected from your mobile device in connection with location-based functions of FordPass. This information includes Global Positioning System (GPS) data and location derived from IP address. This information can be used to determine your device’s current location, travel direction and speed. If you have enabled location services on your device, this data may be collected when the app is running in the foreground or background. We may also derive your approximate location from other device data such as Wi-Fi access points, cell towers, and your IP address, whether location services are on or turned off, through the permission system used by your mobile operating system.
Computer or Mobile Device Information, such as software or operating system version, unique device identifiers (for example, serial numbers), IP address, and mobile network information.
Information about how you use FordPass or third-party services that integrate with FordPass, such as when and for how long you use features and when you contact us, a record of your communication.
FordPass may also use technologies that collect information about how FordPass is performing, including if it crashes, and how you use FordPass. The information collected from FordPass through these technologies may be connected to other information we have about you, including information about your activity across other Ford mobile apps or websites over time.
- These technologies may include cookies (small files that are stored on your computer or device), pixels or web beacons (small pieces of code placed on web pages and content that communicate when the page or content has been viewed), log data (logs created that include IP address, date and time of activity, and the website or location that referred you to FordPass), or third-party analytics tools, such as Adobe Analytics, Aptelligent, Amplitude, and DynaTrace).
- Some of these technologies can be limited or deactivated through your browser or device settings, but some cannot. FordPass does not respond to “Do-Not-Track” requests. FordPass does not track your activity across other companies’ mobile apps or websites.

Our Use of Personal Information:

· We use the personal information we collect to provide you with great functionality and services; allow you to control certain vehicle features; fulfill requests you’ve made in FordPass; make recommendations (if applicable) and personalize your experience, troubleshoot problems; develop new and improved products, services, and marketing strategies; conduct research; to protect safety, property, privacy, and security; and to comply with legal requirements.

· We use the Connected Vehicle Information from the vehicle to provide you with vehicle support, which may include communicating with you in the event of an accident and help you schedule towing, repair and vehicle rental services.

· If you provide us with an email address for forward-to-a-friend functionality, we will use the email solely for the purpose of forwarding to your intended recipient. WE MAY send communications about products, services, offers, promotions, news, and more that are customized based on the personal information we use, 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 combine the information we collect through your use of FordPass or third-party services that integrate with FordPass with other information you have previously provided or that we have collected from other sources.

· We may de-identify information we collect about you and use it for any purpose in accordance with applicable law.

Our Sharing of Personal Information:

We do not provide personal information we collect through FordPass to anyone for independent use without providing you a choice, except as follows:

We may share personal information obtained through FordPass and FordPass Rewards, including vehicle information and information regarding FordPass Rewards, with our authorized dealers and our affiliates (the group of companies related by common control or ownership).
We may share information related to the current status of vehicle systems and vehicle health alerts ("Vehicle Health Information") obtained through FordPass with our authorized dealers so they may more conveniently assist in the diagnosis and repair of the vehicle. You can manage your permissions relating to Vehicle Health Information in the Privacy tile of FordPass.
We share the personal information we collect with trusted service providers under agreements that limit how they may use the personal information we collect and require adequate safeguards.
We may provide personal information to external companies under contract with us to enable delivery of the services and where they are subject to confidentiality and security obligations.
We may share the personal information we collect without notice to you where we believe that doing so is reasonably necessary to: comply with a legal requirement or enforceable governmental request; protect and defend our or our affiliates’ rights or property; act under exigent circumstances to protect the personal safety of Ford or affiliate personnel, users of our vehicles, websites or apps, or the public; and detect, prevent, or otherwise address fraud, security, safety, or privacy issues.
To provide you with connected navigation services through your in-vehicle infotainment system, we use cloud-based location services provided by Telenav, Inc. (“Telenav”) or Garmin International, Inc (“Garmin”). For SYNC3 connected navigation services, Telenav obtains certain information, including: a unique user ID assigned by Ford, your current GPS location and planned route and/or destination information from your SYNC 3 in-vehicle system or mobile device, your address or point of interest search requests and search results selections, information about your use of the location search service, its performance, and your related actions and selections. Telenav may use this information to provide, improve, and enhance its products and services. For the SYNC4 Connected Navigation or Connected Built-In Navigation services, Telenav or Garmin (depending on vehicle equipment and services used) may receive information including a unique vehicle identifier, the vehicle’s current GPS location, route and/or destination information, address or point of interest search requests, results, and selections.
If you chose to provide a profile picture through Remote Vehicle Setup it will be visible when connecting with other FordPass account holders.
The first name associated with your FordPass account may be shared with other FordPass account holders, for example, when you request access to other FordPass account holders’ vehicles.

We may share de-identified information in accordance with applicable law. For example, de-identified information about the environment where the vehicle is operated may be shared with third parties.

CALIFORNIA PRIVACY RIGHTS

If you are a California resident and the processing of personal information about you is subject to the CCPA, you have certain rights with respect to that information. Click here to read how you can exercise your rights.

You may also have rights under California’s “Shine the Light” law. You can exercise your “Shine the Light” rights by clicking here.

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 at

Telephone
800-392-3673 (U.S.)
800-232-5952 (TDD for the hearing impaired)

Available M-F 8:00 am - 11:00 pm EST
Available Sat. 8:00 am – 8:00 pm EST

Mailing Address
Ford Motor Company
Customer Relationship Center
P.O. Box 6248
Dearborn, MI 48126

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 the personal information for so long as reasonably necessary to fulfill legitimate business purposes.

Privacy Policy Effective Date and Revisions: This Privacy Policy may be updated in order to reflect any changes to FordPass or our privacy practices. See the General Information section for effective date and more information.

3. Payments / Wallet

The following terms (“Payment Terms”) apply to the payment features of designated Ford and Lincoln mobile apps and websites, which allow you to make purchases and pay for goods or services through your Payment Methods (as defined below). We refer to these features generally as the “Payment” features. The Payment features are maintained and operated by Ford, Lincoln, and/or our third-party payment service providers.

If you use the same login information for other Ford and Lincoln mobile apps and websites, your Payment Methods will automatically be synched and made available for you to use when you access the Payment features of the other apps and websites.

By clicking “I accept,” you:

· agree to be bound by these Payment Terms;

· represent that you are 18 years of age or older and capable of entering into a legally binding agreement; and

· authorize Ford, Lincoln, and our third-party payment service providers to verify the validity of your Payment Methods and to process and transmit your Payment Method information to facilitate transactions as described below.

We may modify the Payment Terms at any time. We will alert you through the apps, website, and/or by email of any material changes to the Payment Terms, and allow you an opportunity to accept the updated terms. Modifications will be effective immediately upon being posted on the app or website or on a future date as we may specify, and your continued use indicates your acceptance of the modified Payment Terms.

If you do not agree to the Payment Terms or any modifications to the Payment Terms or features, your only option is to stop using the Payment features.

We reserve the right to update, modify, suspend, or discontinue any part of the Payment features at any time without any notice or obligation to you. Payment features may not be available during maintenance breaks and other times.

a. Payment Methods

To use the Payment features, you must provide a valid credit card, debit card, or an eligible bank account (if ACH payments are enabled) (“Payment Method(s)”) and, depending on the designated Ford or Lincoln mobile app or website, can elect to store your Payment Methods with us for future transactions (“Wallet”) or use your Payment Method in a one-time transaction (“Guest Checkout”). Our process requires you to enter your name, address, credit card, debit card, or bank account number(s) and associated information necessary to validate and process payments with the Payment Method. All information provided during the process must be current, accurate and complete.

For Wallets, we will store your Payment Method information for future transactions you initiate. For Guest Checkout, we will retain your name, email address, and last four (4) digits of your credit card for any troubleshooting related to the transaction you have initiated.

You authorize Ford, Lincoln and/or our third-party payment service providers to confirm that your Payment Method is valid, including by submitting a payment authorization request or a low dollar authorization credit and/or debit, in accordance with the relevant rules that Payment Method, such as the network rules of Visa, MasterCard, American Express or Discover (“Network”). If we submit a low dollar authorization for your credit or debit card, your card is not actually being charged, and any temporary charge shown on your account will disappear in a few days. You also authorize Ford and Lincoln to submit your Payment Method information to our third-party service provider(s) for the purposes of updating your Wallet, Payment Method, and/or account with us.

b. How Payments Work / Our Role

The Payment features let you make payments using your stored Payment Method for goods and services offered by Ford, Lincoln or third-party merchants, including Ford and Lincoln dealers (“Merchants”). The Payment features use services and technology provided by third-party payment service providers, which are subject to change at any time.

You acknowledge and agree that when you make a purchase using the Payment features (“Transactions”), the Transaction is solely between you and the Merchant, which may or may not be Ford or Lincoln as specified for each Transaction. You authorize our payment service providers to collect, analyze and relay information generated in connection with Transactions. Transactions are subject to the terms and conditions governing your Payment Method and to any agreements between you and your financial institution.

c. Supported Payment Methods

Most US-issued credit and debit cards with a Network brand can be used with the Payment features, though certain card types may not be used. In some cases, you may also be able to use your bank account and routing information to enable make ACH transactions from your account using the Payment features. Eligible Payment Methods are subject to change at any time.

d. Recurring Payments

If a Merchant offers you the ability to use the Payment features to make recurring payments on a monthly or other periodic basis, such as a subscription (“Recurring Payments”), you may do so by following the prompts and providing the requested information. You authorize the Merchant to charge your selected Payment Method on the specified schedule. 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 using the Payment features, we will update your activity on the website or app where you utilized the Payment feature and provide you a Transaction confirmation. In some instances, the Transaction confirmation may serve as your receipt and the Transaction also will appear on your card or account 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 Payment features, and (b) reconciling all Transaction information associated with the Payment features. If you believe that there is an error or unauthorized Transaction activity, you agree to contact us immediately.

f. Refunds

Except as set forth in the 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 agreement with your financial institution or applicable state and federal laws. You should review your periodic statement received from your financial institution to verify your Transactions.

g. Customer Service

We provide customer service for issues relating to how the Payment features work. For other issues – like pricing of goods and services, order fulfillment and cancellation, returns and refunds, product functionality or technical support – contact the appropriate Merchant. For issues related to your Payment Method, contact your financial institution.

h. Periods of Inactivity

If our records indicate that you have not used the Payment features for at least six (6) months (or another period that we may specify), we may disable your Wallet or require you to re-enter your Payment Method information.

i. Suspension or Termination

We may suspend or terminate your access to the Payment features for any reason or no reason at any time. Without limiting the foregoing, we may also suspend your access to any Payment features if (a) you have violated the 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 Payment features, or any termination or suspension of the Payment features or your access to it, including with respect to any deletion of your information or account data. If your Payment account is terminated for any reason or no reason, you agree (a) to continue to be bound by the Payment Terms and remain responsible for any Transactions you have processed through the Payment features, (b) to immediately stop using the Payment features, and (c) that we reserve the right (but have no obligation) to delete all of your information and account data stored on our servers.

k. Liability

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PAYMENT FEATURES IS AT YOUR OWN DISCRETION AND RISK, AND NONE OF FORD, LINCOLN, THEIR EMPLOYEES, SUPPLIERS, OR PAYMENT SERVICE PROVIDERS ARE RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOUR USE OF THE PAYMENT FEATURES, INCLUDING WITHOUT LIMITATION, ANY FAILURE TO COMPLETE TRANSACTIONS IN ACCORDANCE WITH YOUR INSTRUCTIONS.

l. Indemnity and Release

By using the 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 Payment features by or through you, your breach or alleged breach of the 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.

m. Miscellaneous

The Payment Terms, together with any additional terms to which you agree when using the Payment features (including the terms and conditions of the product/services you are purchasing, applicable Privacy Policies, etc.), constitute the entire agreement regarding the Payment features. The 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 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 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 Payment features, you may contact us by finding your local contact information by going to the Contact US Page by clicking here or contacting us in the U.S. at:

Telephone

800-392-3673 (Ford U.S.)
800-521-4140 (Lincoln 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

Mailing Address
Ford Motor Company / Customer Relationship Center
or

Lincoln Motor Company / Lincoln Concierge
P.O. Box 6248
Dearborn, MI 48126

4. Operate

Your vehicle may have the ability to access FordPass Connected Services and certain operational features through the FordPass app, including locking and unlocking the doors, remote start and remote stop. These features may not be available on all vehicle makes and models.

Note: FordPass Connect (optional on select vehicles) (SYNC Connect for 2017/2018 model year vehicle), the FordPass app, and Complimentary Connected Services are required for remote features. The FordPass app is required for FordPass Connected Services. In-vehicle and FordPass app screens and Connected Service product names vary by vehicle, and data sharing requirements vary by Connected Service type. Certain Connected Services plans may require additional activation and payment (if applicable) within your FordPass account.

Connected Service and features depend on compatible AT&T network availability. Evolving technology/cellular networks/vehicle capability may limit functionality and prevent operation of connected features. Connected Service excludes Wi-Fi hotspot. Certain restrictions, 3rd party terms, or message/data rates may apply.

Complimentary Connected Service includes the following remote features:

· remote start*/stop/lock/unlock

· scheduling a remote start*

· vehicle status

· Vehicle locator (locating the vehicle where it was last parked).

*Remote start and scheduling remote start not available on vehicles with manual transmission

See your Dealer for complete details and other restrictions.

Note: Always take your key or key fob with you when you leave your vehicle. Certain remote features may not function during service interruptions or if the battery is too low.

5. Dealer Services

Various features of FordPass 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.

6. Vehicle Details

The Vehicle Details feature may allow you to access certain information related to your vehicle via FordPass. In order to register your car with the Vehicle Details feature, you will need to input your VIN number. By registering your vehicle with Vehicle Details 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 Vehicle Details 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.

The Vehicle Details feature also may allow for you to view how-to videos about your vehicle. In order to view these videos, FordPass will link to the FordOwner website. This website is operated by Ford but may have unique terms and conditions. Please review the terms and conditions and privacy policy for the FordOwner website prior to viewing any how-to videos. Your use of the how-to videos is at your own risk and we are not liable for any damage to your vehicle or injuries to you or any third party based on your use of the videos. Please use these videos with caution and never attempt to perform vehicle maintenance that may require a professional.

The Monthly Fuel Report feature (“Fuel Report”) provides you with an estimate of your average monthly fuel usage and cost. The purpose of the Fuel Report is to assist you in tracking and comparing your fuel usage on a monthly basis. Your Fuel Report is an estimate only and may differ from in-vehicle fuel reports. Your estimated fuel efficiency is affected by a variety of factors, including, but not limited to, driving behaviors, temperature and weather, road and traffic conditions, and use of air conditioning or other powered accessories.

7. Parking

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 will be required to set up accounts with third party operators to reserve and pay for parking.

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.

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.

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.

8. FordPass Rewards (Not available in Puerto Rico and U.S. Virgin Islands)

When you register with FordPass you are automatically enrolled in FordPass Rewards. FordPass Rewards (“FPR”) is brought to you by Ford and participating Ford and Lincoln dealerships (“Dealers”). Participation in FPR is subject to these terms and conditions of Section 8 (collectively, the “FPR Terms”).

a. MEMBERSHIP

Membership in FPR is open to U.S. residents, excluding residents of U.S. territories, 18 years of age or older, or the age of majority in their place of legal residence, whichever is older. Membership is only open to individuals; companies, groups and organizations cannot be members. You must have a valid email address at the time of enrollment. Your FordPass account email address may only be associated with one FPR member and one membership account (“FPR Account”). Individuals may not have multiple memberships. However, a household may have more than one membership. Individuals who have the same permanent address are members of the same household (“Household”). Memberships cannot be merged or transferred. You may register an eligible vehicle with your FPR Account. Only vehicles which are owned by a member of your Household may be registered to your FPR Account.

b. EARNING POINTS

FPR allows Members to earn FordPass Rewards Points (“Points”). To earn Points, you must have an active and valid FPR membership at the time you engage in any FPR activity.

Points can be earned through multiple different activities, (“Qualifying Point Activities”), including the purchase of Ford, Motorcraft, or Omnicraft parts, and any associated labor from a Participating Dealer, as well as through use of FordPass and other Ford-related activities. If a Member uses Points to discount the price of a product or service (including but not limited to Recurring Payments), the Member will only earn Points for the net discounted price paid in cash. Points will not be awarded for paid taxes, fees, or shipping. Click here for more information about earning Points.

Members can also achieve Tier levels through a variety of Qualifying Tier Activities (“Qualifying Tier Activities”). Click here for more information about Tier levels and Qualifying Tier Activities. Qualifying Point Activities and Qualifying Tier Activities are collectively referred to as Qualifying Activities (“Qualifying Activities”).

In some cases, a Member may earn both Points and earn activities toward Tier elevation for the same Qualifying Activities. However, some activities may only earn Points and others may only be designated as a Qualifying Tier Activity. FPR may provide bonus Point earning opportunities and Tier Activities to select members at the sole discretion of Ford.

Points will typically be deposited into a [CD(1] n FPR Account within 10 days of confirmation of a Qualifying Activity and Qualifying Tier Activities will be reflected within 60 days [CD(2] of confirmation of a Qualifying Activity. A qualifying vehicle purchase may take at least sixty (60) days to be deposited or reflected. Notwithstanding the foregoing, certain Qualifying Activities may require additional time to validate, therefore you should allow additional time for Points and Qualifying Tier Activities to be deposited into or reflected in your FPR Account [NCM3] .

Points and Qualifying Tier Activities are not transferrable.

c. MEMBERSHIP TIERS

FPR has three Membership Tiers (“Tier(s)”): Bronze, Silver and Blue. Bronze is the entry level Tier. Silver and Blue Tiers may be achieved in a calendar year (“Qualification Year”) by completing Qualifying Tier Activities.

Tier status begins when Qualifying Tier Activities are reflected to your FPR Account based on your Qualification Year activity. You must earn a minimum number of Qualifying Tier Activities (“Qualifying Threshold”) during the Qualification Year to attain or renew Silver or Blue Tier status.

Silver or Blue Tier status is retained for the remainder of the year in which the Qualifying Activity took place, plus the next full calendar year.[NCM4] [MB(5] [MB(6] [NCM7]

d. REDEEMING POINTS

FordPass Rewards Points can be redeemed for various items and services from Ford; for discounts on the purchase of a vehicle, service, parts or accessories at any participating Dealer and on-line; for eligible subscriptions or Recurring Payments; or for any other rewards as determined by Ford (collectively, “Rewards”). Ford reserves the right to modify, add, or remove Rewards redemption options at any time without notice and without further obligations or FPR members.

Points will be subtracted from your FPR Account balance immediately upon completion of the redemption transaction unless otherwise indicated when redeemed. Rewards may be subject to additional terms and conditions, such as expiration dates, refunds or restrictions on use.

Once redeemed, Points cannot be refunded or returned to you, unless otherwise indicated when redeemed. If returns or refunds are permissible, the return or refund will be governed by the relevant return or refund policy. When you use your Points to pay for a Recurring Payment, you may be eligible to receive a refund of the Points you used towards the Recurring Payment, if the terms for the Recurring Payment provide for a refund. When you use your Points to pay for a Recurring Payment that is non-refundable, you will not be eligible for a refund of your Points.

e. POINTS VALUE

FordPass Rewards Points do not have any cash value. Points are only a measurement of your activities in FPR and are not considered your property. Points are not redeemable for cash, check, or any other form of credit. All aspects of Points may be modified by Ford at any time, including but not limited to the number of Points required for a Reward, the Qualifying Thresholds, qualification periods, or other aspects of the structure of FPR.

f. QUALIFYING TIER ACTIVITIES

Click here for more information regarding the Qualifying Tier Earning Activities and thresholds to achieve Silver and Blue Tiers.

g. TIER BENEFITS

Click here for more information regarding Tier Benefits. [NCM8]

h. PARTNERSHIP OFFERS

Members may receive special partnership offers or exclusive benefits, which may vary by membership Tier.

i. POINTS BALANCES AND QUALIFYING ACTIVITIES

Members can view their current Points balances, Qualifying Tier Activities, previous activity on their FPR Account Dashboard in the FordPass App [CD(9] when they add their Ford vehicle to the garage or at www.fordpassrewards.com.

The Qualifying Tier Activities will be reset on January 1 of each calendar year.

You are responsible for verifying that Points and Qualifying Tier Activities are credited to or reflected in your account. All account discrepancies must be reported within 365 days of date of the Qualifying Activity. Ford is not responsible for the delivery of incoming correspondence. You should maintain copies of receipts for your records until proper credit appears in your FordPass Rewards account.

If Points or Qualifying Tier Activities for a Qualifying Activity is not recorded in your account within 90 days, please contact us by using the Help feature in FordPass [CD(10] , the Points Assist feature[TC1] on the program website, contacting FordPass Rewards Center at (833) 385-0516 or contacting Ford as noted in the Contact Us section below (see Section 21).

If you do not receive a Point accrual, Reward, Tier elevation, or other benefit or if a Qualifying Tier Activity is not reflected in your account, Ford’s liability will be limited to the equivalent of that Point accrual, Reward, or benefit.

Ford has the right to correct any Points, Qualifying Tier Activity, or Tier elevation posted [CD(11] in error.

j. FPR CREDIT CARD

FordPass Rewards Visa® Card

With the FordPass™ Rewards Visa® Card, you’ll earn FPR Points on every purchase. Visit www.fordpassrewards.com/VISA for important details.[NCM12] [MB(13] [NCM14]

k. FPR MEMBERSHIP CANCELLATION

You may cancel your FPR membership at any time by using the Help feature in FordPass [CD(15] or contacting the FordPass Rewards Center at (833) 385-0516. Accrued Points will immediately be forfeited upon cancellation. Upon cancellation, members also forfeit their tier status and any benefits related to the Program and the Tiers.

l. POINT EXPIRATION AND ACCOUNT TERMINATION

Your FordPass Rewards Points balance expires and is forfeited when you have not earned Points, redeemed Points, or fulfilled a reward earned through FPR for two (2) consecutive calendar years.

Participation in FPR is a privilege granted to members, and as such can be suspended, revoked, or terminated at any time by Ford for any reason. If your FPR membership is terminated, all Points associated with your FPR membership and membership benefits, including Tier benefits, will be forfeited immediately upon termination. If your FPR membership is terminated due to fraudulent activity or noncompliance with these FPR Terms, you cannot participate in or rejoin FPR. Notwithstanding the foregoing, your FordPass account will remain open and active unless discontinued pursuant to Section 1(a).

m. PROGRAM CHANGES AND PROGRAM TERMINATION

Ford reserves the right to change or terminate FPR, or parts thereof, at any time without notice and without further obligations to FPR members, including, but not limited to modifications which: (a) govern Points, Tier elevation, and Rewards earned on and after the date of change; (b) change the value of Points, Rewards or benefits associated with the different Tiers; (c) change the number of Points required for a Reward, Qualifying Thresholds, or qualification periods; (d) change the list of Rewards; or (e) modify, add, or remove Rewards redemption options. No Points will be earned and no Points redeemed after the effective date of termination. Members will also no longer be able to access the Tier benefits after the date of termination. Any and all changes and/or amendments to these FPR Terms will become binding upon all members immediately.

n. TRANSFER OF RIGHTS

Ford’s rights and obligations under FPR may be assigned or transferred by Ford to any other related or unrelated entity at any time, and performances shall be the responsibility of that entity.

o. INTERPRETATION OF FPR TERMS

All interpretations of these FPR Terms will be at Ford’s sole discretion and Ford’s decisions will be final.

9. FordPass Connected Service Plan

Through designated Ford mobile apps and websites, you can purchase a FordPass Connected Service with a connected service plan (“Connected Service Plan”) from Ford Smart Mobility (“FSM”), a wholly-owned subsidiary of Ford Motor Company (collectively, “Ford”). Your Connected Service Plan will continue until (i) it is cancelled by you, (ii) it is cancelled by us (see Section (b) below), or (iii) it expires, whichever comes first. Please be aware that a Connected Service Plan may be operated on Ford’s behalf by a third party pursuant to Section 13.

Ford reserves the right to change, update, improve, correct, modify, suspend, limit, discontinue or cancel all or part of a Connected Service Plan, including any of its features, programs, functionalities or manners of operation at any time without any notice or obligation to you. Your use of a Connected Service Plan after any changes are implemented will be considered acceptance of such changes. A Connected Service Plan may not be available during maintenance breaks and other times. We will not be liable to you in the event that any part of the Connected Service Plan provided by us is unavailable or modified in any way [CD(16] .

Connected Service Plan is specific to the vehicle and is non-transferable. Connected Service Plan(s) depend on compatible AT&T network availability. Evolving technology/cellular networks/vehicle capability may limit functionality and prevent operation of connected features.

a. Order Process and Payments

i. To purchase a Connected Service Plan, you must be at least 18 year of age or older, or the age of majority in your place of legal residence, whichever is older.

ii. Your order is an offer to purchase a Connected Service Plan from us. When you are placing an order, the following steps have to take place before a contract for the sale of a Connected Service Plan (“Contract”) is made between us in relation to your order:

a. Ordering: you place your order by completing the check-out process and submitting your order and payment details to us.

b. Reviewing your order: Before placing your order, the check-out process will give you the opportunity to review and, if necessary, to change your selection and/or correct any errors in your order information. Please take the time to read and check your order at each step of the order process, and to fix any errors before proceeding.

c. Accepting our terms: You may be asked to click to confirm that you accept any applicable terms and conditions for your order (“Contract Documents”). If you do not wish to be bound by what you read, you should not place on order. If Contract Documents are not presented at time of placing your order, these Terms apply.

d. Acknowledgement of your order: Once you have submitted your order details, you will see an on-screen acknowledgement that your order has been placed. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in Section (F) below.

e. Our acceptance of your order: We will confirm our acceptance of your order by sending you an email confirmation (“Order Confirmation”). Please note that the Contract between us will only be formed when we send you the Order Confirmation. If we are unable to accept your order, we will inform you as soon as possible.

f. As part of the check-out process, the cost of the Connected Service Plan will be displayed. You agree to pay the cost to Ford or the selling party if otherwise stated at check-out using the Wallet. As a result, you authorize Ford to charge your selected payment card for the Connected Service Plan cost in accordance with the Terms. Please refer to Section 2 for the FordPass Terms-Privacy Policy and Section 3 for Payments/Wallet. We will also send you a receipt for your records.

b. CANCELLATION/EXPIRATION

Some Connected Service Plans have a defined expiration date, at which time the Connected Service Plan will expire unless you purchase an additional term of the Connected Service Plan. The term, expiration, and renewal details will be set forth in your Contract Documents. If you have questions about a Connected Service Plan, please contact the Customer Relations Center. Unless otherwise stated in your Contract Documents, the cost of a Connected Service Plan is non-refundable.

We may terminate any or all Connected Service Plan(s), or suspend temporarily part or all of your access to the Connected Service Plan(s) at any time (acting reasonably) by written notice (including by e-mail to your current registered email address) for reasons including (but not limited to) the following:

a) you do not pay the Connected Service Plan Fees owing by the due date;

b) you commit a serious or persistent breach of a term;

c) circumstances arise where (in our reasonable opinion) such action will mitigate an identified risk or prevent the Connected Service Plan(s), FordPass or associated systems from being abused, manipulated or otherwise undermined by you or your device; or

d) where we decide to no longer offer any Services through FordPass [CD(17] .

c. WARRANTY AND LIABILITY

THE SERVICES ARE PROVIDED ON “AS-IS” AND “AS AVAILABLE” BASIS AND YOU USE THEM SOLELY AT YOUR OWN RISK. FORD DOES NOT REPRESENT OR WARRANT THE FUNCTIONALITY OF ANY OF THE CONNECTED SERVICES OR THAT ANY CONNECTED SERVICE OR ANYTHING RELATING TO YOUR USE OF A CONNECTED SERVICE PLAN WILL BE IN GOOD REPAIR OR ERROR-FREE OR FREE FROM DELAYS, DEFECTS, OMISSIONS, INTERRUPTIONS OR INACCURACIES. ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED BY FORD TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

i. Ford is not liable for any loss or damage which arises from use of a Connected Service Plan or breach of these Terms.

ii. Except as set out otherwise in the Terms, Ford will only be liable to you to the extent that any loss or damage that you incur results from our failure to comply with our obligations under the Terms in relation to use of a Connected Service Plan, and we otherwise exclude all conditions, warranties, representations or other terms, express or implied, which may apply to the use of a Connected Service Plan to the fullest extent permitted under applicable law.

iii. Ford cannot guarantee that a Connected Service Plan will be available uninterrupted and in a fully operating condition at all times and will not be responsible for any failure or delay in the operation of a Connected Service Plan or liable in the event that any part of a Connected Service Plan provided by Ford is unavailable or modified in any way.

iv. You agree to use a Connected Service Plan for your personal use and shall not use a Connected Service Plan for commercial, business or resale purposes. Ford is not liable to you for any losses you suffer when using a Connected Service Plan other than as a consumer.

v. For the avoidance of doubt and as permitted under applicable law, we will only be liable for those losses which are reasonably foreseeable as a consequence of the breach.

vi. Nothing in this Agreement shall limit Ford’s liability for:

(a) death or personal injury resulting from Ford’s negligence;

(b) fraud or fraudulent misrepresentation; and

d. Class or Collective Action

Pursuant to Section 21 - Each Party may bring Claims against the other only on an individual basis and not as a plaintiff or class member in a class,

10. Guides

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 the vehicle is no longer under warranty and you wish to purchase roadside assistance through FordPass [CD(18] , you may do so by contacting Ford Guides.

Assistance may be provided by live chat or through email with remote Ford Guides. FordPass [CD(19] 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 [CD(20] 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.

11. Safety

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.

12. Communications

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 device settings. You may opt-out of receiving FordPass marketing emails by unsubscribing in the email. You may continue to receive communications within FordPass.

13. Integration with Other Ford Services / Third Party Services

FordPass may integrate with, or contain links to other websites or services, or enable services (each, an “Additional Service”). Additional Services may be subject to additional terms that may be presented in connection with their use, and by using an Additional Service, you agree to the applicable terms and conditions. Some Additional Services may be operated by Ford or its related entities; others are not owned or controlled or endorsed by us, including but not limited to links to websites for our dealers (“Third Party Service”). We have no control over and, to the fullest extent permitted by applicable law, assume no responsibility for, the content, privacy policies, or practices of any Third Party Service. In addition, we will not and cannot censor or edit the content of any Third Party Service, including if the practices of a Third Party affects your vehicle. By clicking on links, you expressly relieve us from any and all liability arising from your use of any Third Party Services, or from the content or effect of any Third Party Service. When using a Third Party Service, you should be aware of when you leave FordPass and read the terms and conditions and privacy policy of each Third Party Service that you visit or use. Terms of Service and Privacy Policy applicable to Roadside Assistance can be found here:

https://ford.rsahelp.com/tos.html

https://ford.rsahelp.com/pp.html

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:

https://here.com/services/terms/

https://here.com/privacy/privacy-policy/

https://legal.here.com/terms/supplier-requirements/hlp-developers/

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 https://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.

14. Limited Licenses

FordPass and any content (images, logos, text, music, sounds, 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:

· you may not, nor allow third parties to, create derivative works, use any data mining, robots, or similar data gathering and extraction tools, create a database, download or store FordPass Content other than as licensed above, link or frame FordPass Content, extract, derive or attempt to extract or derive any source code or structure of all or any portion of FordPass Content by reverse engineering, disassembly, decompilation or any other means;

· you may not use FordPass Content in any manner that is unlawful, abusive, defamatory, deceptive, or invasive of another’s privacy;

· you may not use FordPass Content with other content or in a manner that impersonates any person, business or entity, including us;

· you may not interfere, try to interfere, disrupt, or try to disrupt our servers or networks, or disobey any of our network access or security requirements;

· you may not use FordPass Content to engage in conduct that reflects poorly upon or disparages our reputation or goodwill; and

· you may not use FordPass Content in conjunction with adult content or that promotes illegal activities, gambling, or the sale of tobacco or alcohol.

· If you are not the bill payer for the mobile telephone or device being used to access FordPass Content, you will be assumed to have received permission from the bill payer to use FordPass Content or Features.

15. Interference

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.

16. Trademark Notice

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.

17. Designated Agent for Copyright Notification

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:

DMCA Agent
330 Town Center Drive, Suite 800
Dearborn, Michigan 48126

Email address: DMCA@ford.com

Telephone: (313) 323-2875

Fax number: 1-313-322-7162

Your communication must comply with the “Elements of Notification” requirements set forth in 17 U.S.C. § 512.

18. User Generated Content

To the extent you submit information or content to us (“User Submissions”), you understand and agree that they will not be treated in confidence by us except for personal information pursuant to the FordPass Privacy Policy. You are solely responsible for your User Submissions and any consequences of posting or publishing them. You understand that many people from around the world will be able to see your postings and comments. You also agree that we and our third party service providers may contact you via email about any submission.

New or confidential ideas are prohibited on FordPass. If you have an innovative idea, please use the official Ford process at: https://corporate.ford.com/innovation/innovation-ideas-subsmission.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).

19. Indemnity and Hold Harmless

By using FordPass and FordPass Rewards 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 or FordPass Rewards 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.

20. Disclaimer

FordPass and FordPass Rewards and/or any of their 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 unavailability, interruptions or errors of FordPass or its features. We may modify, suspend, or discontinue FordPass, FordPass Rewards or any feature at any time without notice. FordPass, FordPass Rewards and all the information accessible through each 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, FordPass Rewards, 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.

21. Class or Collective Actions

For purposes of this section: “Us” or “We” shall mean Ford Motor Company, its Assignees, and their employees, directors, officers, agents, predecessors, successors, subsidiaries, and affiliates. “You” shall include yourself, and/or your successors and beneficiaries. “Party” shall mean either You or Us.

AGREEMENT TO ARBITRATE: Arbitration is a method of resolving any claim, dispute, or controversy (collectively, a “Claim”) in front of one or more neutral individuals instead of filing a lawsuit in court and having a trial in front of a judge or jury.

Each Party may bring Claims against the other only on an individual basis and not as a plaintiff or class member in a class, collective, representative, public injunctive relief, or private attorney general action. The arbitrator may not preside over any consolidated, representative, class, collective or private attorney general action involving You and Ford. The arbitrator may award relief only to the extent necessary to provide relief necessitated by the Claims. The arbitrator cannot, without consent of all parties: 1) combine one claim with another, 2) facilitate notification to others of potential claims, or 3) arbitrate any type of representative or multi-plaintiff proceeding.

If the bar to Claims or remedies for public injunctive relief or private attorney general actions is held unenforceable, You and Ford agree any such Claims or remedies shall be severed and stayed before a Court with applicable jurisdiction pending final resolution of the arbitration on any remaining Claims or remedies subject to arbitration.

22. Miscellaneous

These Terms together with any additional terms to which you agree when using particular elements of FordPass or FordPass Rewards constitute the entire agreement regarding FordPass, FordPass Rewards 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.

23. Contact Us

If you have any questions, comments, or claims regarding FordPass or FordPass Rewards you may contact us by finding your local contact information by going to this website https://corporate.ford.com/operations/locations/global-links.html or contacting us in the U.S. at:

Telephone
800-392-3673 (U.S.)
800-232-5952 (TDD for the hearing impaired)
800-565-3673 (Canada)
Available 8:00 am - 5:00 pm EST
Monday – Friday

Email
FordPass@ford.com

Mailing Address
Ford Motor Company
Customer Relationship Center
P.O. Box 6248
Dearborn, MI 48126