Terms & Conditions and Privacy
UNITED STATES SITE AND PRICING
Ford administers this Site from Michigan, United States of America and this Site is only intended for viewing in the United States. All materials and information contained on this Site apply to the United States market only. Ford makes no representation that the Site is appropriate or available for use outside the United States. If you choose to access the Site from outside the United States, you do so at your own initiative and are responsible for compliance with applicable laws. You agree to comply with all export and re-export laws, restrictions and regulations of your government in connection with your use of the Site.
All pricing is in U.S. dollars and the vehicles described are offered for sale in the U.S. only. This Site in no way constitutes an offer to buy or sell vehicles from Ford or to provide financing or leasing. Ford makes reasonable efforts to ensure that the pricing and product information contained on this Site is correct. Prices, product specifications and all other information shown on this Site are for information purposes only, are subject to change at any time without obligation, may vary from region to region, and may not be completely up to date or accurate. Most pricing refers to MSRP. Unless otherwise indicated, MSRP is the manufacturer suggested retail price and excludes destination and delivery charges, any applicable taxes, any applicable fees, such as title and registration, or environmental charges or fees, any industry specific fee, any applicable consumer rebates or incentives, and the cost of any dealer added options. Optional equipment is not included unless specifically indicated. Any calculation of any price, tax, incentive, lease or finance terms is for your reference only, is an estimate, and may not be completely accurate. Individual dealers set the actual transaction price. Contact your selected dealer for the actual price of any vehicle and any applicable terms and conditions that may apply. The promotional programs and/or incentives offered on this Site are only available in the United States and may be limited to particular states and subject to restrictions and/or qualifications, as disclosed by the program.
DEPICTION OF VEHICLES
Vehicles shown on this Site are for general illustration only. Vehicles shown are typically a sample vehicle only of the same model year. Details of a selected vehicle may vary from the vehicle shown depending on the features you choose. Vehicle availability may be limited.
THIRD PARTY INFORMATION SUCH AS COMPARATOR VALUES
Competitive Comparison data is provided by R. L. Polk & Company, is not the opinion of Ford, and is provided for information purposes only. Neither R. L. Polk & Company nor Ford make any warranty or guarantee of any kind regarding the comparator data, including as to currency, accuracy or completeness. Configured vehicles are compared to the same series vehicle chosen without additional options. All prices, specifications and equipment are subject to change without notice.
Copyright 2010, Ford Motor Company. All rights reserved. This Site, including all materials, is protected by worldwide copyright laws and treaty provisions whether or not a copyright notice is present on the materials. All text, images, graphics, animation, videos, music, sounds and other materials on this Site are subject to the copyrights and other intellectual property rights of Ford, its affiliated companies and its licensors. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the materials. Except as expressly provided herein, Ford does not grant any express or implied right to you under any patents, trademarks or copyrights.
Subject to your continued compliance with these terms and conditions, Ford grants you a non-exclusive, non-transferable, limited right to access, use, display and listen to this Site and the information, images, sounds and text ("materials") thereon. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. You agree not to dispute Ford's claims of ownership or validity of its rights in the materials on this Site.
Ford authorizes you to view and download the materials at this Site only for your personal, non-commercial use. Ford may suspend or terminate this authorization at any time for any reason. This authorization is not a transfer of title in the materials and copies of the materials and is subject to the following restrictions:
? you must retain, on all copies of the materials downloaded, all copyright and other proprietary notices contained in the materials;
? you may not modify the materials in any way or reproduce or publicly display, perform, distribute, or otherwise use them for any public or commercial purpose;
? you must not transfer the materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use.
LINKING, CRAWLING AND ARCHIVING
If you would like to link to this Site, you must comply with the following guidelines:
1 - do not incorporate any content from this Site into your site (e.g., by in-lining, framing or creating other browser or border environments around the website content). You may only link to, not replicate, the Site content;
2 - you may not use any Ford trademarks, logos, designs or service marks in your links;
3 - you may not create the appearance of a relationship or affiliation with Ford; and
4 - your site may not contain offensive, distasteful, illegal or inappropriate content.
If you would like to use a web crawler or other search tool to gather information from the Site, you must comply with the provisions of the robots.txt file of the site and you may not circumvent CAPTCHA or other security measures.
CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE, TAMPER WITH THE SUBMISSION PROCESS, OR OTHERWISE UNDERMINE FORD’S LEGITIMATE BUSINESS OPERATIONS MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, FORD RESERVES THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW.
This Site is intended as a resource and discussion forum for people interested in Ford Motor Company vehicles, projects and initiatives. Unfortunately, this isn’t the place to address warranty or customer service questions or concerns or products sold by Ford Motor Company. If you have a question about a Ford Motor Company product, please contact Ford's Customer Relationship Center calling 1 800-392-3673 in the United States or 1 800-565-3673 in Canada during normal business hours.
The Ford name, and all trademarks and logos displayed on this Site are owned or used under license by Ford. These trademarks include, but are not limited to, product brand names (e.g., Ford, Lincoln, Motorcraft?), vehicle model names (e.g., Mustang, Taurus, Explorer, F-150, Focus, Ranger), slogans (e.g.,Built Ford Tough), and logos and emblems. The unauthorized use of any trademark displayed on this Site is strictly prohibited.
CHANGES TO THE SITE
Ford and its affiliates reserve the right to change, modify, suspend, discontinue or permanently cancel this Site's operation or portions thereof without any notice to you, including but not limited to product specifications or prices, at any time and from time to time without notice and without incurring any obligations. Your use of this Site after any changes are posted will be considered acceptance of such changes.
INDEMNITY AND HOLD HARMLESS
By using this Site you agree that you will defend, indemnify and hold harmless Ford and its subsidiaries and affiliates, their respective distributors, dealers, dealer associations and advertising and promotions agencies, together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorneys' fees and costs) arising out of your use of this Site, your breach or alleged breach of these Terms and Conditions, and/or your breach or alleged violation of the patent, copyright, trademark, proprietary or other rights of third parties. Ford reserves 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 Ford's defense of such claim.
DESIGNATED AGENT FOR COPYRIGHT NOTIFICATION
If you believe that any content on this Site infringes your copyright rights, please contact Ford's designated agent for receiving such notifications in writing as follows:
Ford Motor Company
330 Town Center Drive
Dearborn, Michigan 48126
Email address: DMCA@ford.com
Phone number: (313) 323-2875
In your communication, please include:
1 - Your physical or electronic signature.
2 - Identification of the copyrighted work you claim to have been infringed, or, if there are multiple copyrighted works, a representative list of such works.
3 - Identification of the material that you claim to be infringing, and information reasonably sufficient to permit us to locate the material.
4 - Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address.
5 - A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you or the law.
6 - A statement that the information your notification is accurate.
If the communication is submitted by someone on your behalf, the communication must also contain a statement that, under penalty of perjury, the submitter is authorized to act on your behalf.
Ford may at any time revise these Terms and Conditions by updating this posting. You are bound by such revisions and should therefore visit this page to review the current Terms and Conditions from time to time. NOTE THAT THESE TERMS AND CONDITIONS APPLY ONLY TO THIS SITE, OTHER WEBSITES PROVIDED BY FORD OR ITS AFFILIATES MAY HAVE DIFFERENT TERMS AND CONDITIONS THAT APPLY TO THE USE OF THOSE SITES. YOU ARE RESPONSIBLE FOR READING AND UNDERSTANDING THE TERMS AND CONDITIONS OF THOSE SITES.
This Site and all the information it contains is provided for information purposes only on an "as is" basis and could include technical, typographical or other errors. In certain areas, the information provided may represent an opinion or judgment. Ford, 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 the Site, the information, materials, content, availability, and products. To the extent permitted by applicable law, Ford disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Ford is not responsible for the content of any Site linked to this Site and is not directly or indirectly implying any approval, endorsement or affiliation with any linked Site.
YOU AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FORD'S OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SHAREHOLDERS, REPRESENTATIVES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS SITE AND YOUR USE THEREOF. FORD, ITS INFORMATION PROVIDERS AND THEIR AGENTS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES 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 OUR WEB SITE, (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 OUR WEB SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEB SITE BY ANY THIRD-PARTY, AND/OR (V) 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 THE WEB SITE. FORD DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE WEB SITE OR ANY HYPERLINKED WEB SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FORD WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING 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 FORD, INFORMATION PROVIDERS OR THEIR AGENTS ARE PROVIDING ANY LEGAL, TAX, MEDICAL, COUNSELING, ACCOUNTING, INVESTMENT, FINANCIAL OR ANY OTHER PROFESSIONAL SERVICES OR ADVICE.
These Terms and Conditions together with any additional terms to which you agree when using particular elements of this Site constitute the entire agreement regarding the Site and any services, and supersede all prior or contemporaneous communications, whether electronic, oral or written between you and us with respect to the Site or the services provided on the Site. The Site is operated from Ford's offices in the United States of America. These terms and conditions are governed by, and construed in accordance with, the laws of the State of Michigan, regardless of principles of conflicts of laws that may require the application of the laws of another jurisdiction. If a court determines that any term or condition in these Terms and Conditions is illegal or unenforceable, then such term will be eliminated and the remaining terms and conditions will remain in force and effect. Ford's failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions 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 and Conditions remain in full force and effect. All lawsuits arising from or relating to these Terms and Conditions shall be brought in the Federal or State courts located in Wayne County, Michigan, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.
Effective Date: March 3, 2011
Effective Date: September 14, 2020
Last updated: March 28, 2020
Ford is committed to be a trusted steward of the personal information you share with us. We collect and use this data to help fulfill and build on Henry Ford’s vision of providing affordable, safe transportation to everyone. Today, we rely on data to incorporate state-of-the-art technology into our products and services to improve quality, minimize environmental impact, and make them safer and more enjoyable to drive, own, and use.
· Ford Pass: https://www.fordpass.com/en_us/privacy.html
· MyFordMobile: https://myfordmobile.com/content/mfm/tnc/NA_PS.pdf
Additional privacy details may be provided in your vehicle owner’s manual. Owner’s manuals are available at the following links:
· Ford Vehicles: https://owner.ford.com/tools/account/how-tos/owner-manuals.html
· Lincoln Vehicles: https://owner.lincoln.com/tools/account/how-tos/owner-manuals.html
· Ford Credit: If you have applied for or received financing through Ford Credit or are a Ford Interest Advantage investor, the personal information you provide as part of applying for, obtaining, and managing your account or investment is subject to the Ford Credit privacy notices available at https://www.ford.com/finance/privacy.
Additionally, Ford internally maintains privacy policies that pertain to employees, contractors, agency personnel, and retirees, and applicants when they are obtaining services related to employment (employees), or services related to a former, current, or potential engagement with Ford which are available upon login on the Life@Ford internal site under My Ford Resources > Other Workplace Policies and Guidelines, the internal Privacy website, and on the AXZ website.
· Categories and Sources of Personal Information
· Cookies and Similar Technology
· Our Use of Personal Information
· Our Sharing of Personal Information
· Choice and Control of Personal Information
· Connected Vehicle Privacy
· California Privacy Rights
· European Data Protection Rights
· Retention of Personal Information
· Location of Personal Information
· Security of Personal Information
· How to Contact Us
CATEGORIES AND SOURCES OF PERSONAL INFORMATION
The personal information we collect depends on how you interact with us, the products you use, and the choices you make. We collect personal information about you from different sources and in various ways:
Information You Provide to Us. You may choose to share information with us when you create or modify an account, request services, contact the Customer Relationship Center, or otherwise communicate with us. For example, we collect the following:
· Contact Information: Depending on the nature of your interaction with us, we collect personal or business information such as name, email address, postal address, and phone number. We may also ask you to provide contact lists or email addresses of others, for example if you use a “tell-a-friend” tool.
· Demographics: When creating or modifying an account, you may also provide additional information such as your age, nationality, and gender.
· Payment Data You Provide: If you make a purchase, we collect credit card numbers and other payment or billing information.
· Preferences: We may collect your preferences such as communication, language, and time zone.
· Audio/Visual: In some cases, you can upload a photo for a profile image when creating an account, or you may provide your photo at an event or as part of a contest or sweepstakes.
· Identification Numbers You Provide: Unique identification numbers associated with you.
· Security: When you create an account, we collect passwords, security questions, etc.
· Content of Communications: We will collect your communications with us, such as emails, customer service requests, survey responses, or social media posts or messages.
· Vehicle Service History: we collect vehicle service history when you share it with us on our sites.
When you are asked to provide personal information, you may decline (such as not entering a credit card to use MyWallet services in the FordPass application). But if you choose not to provide or allow information that is necessary for certain products or features, those products or features may not be available or function correctly.
Information From Your Vehicle. Ford and Lincoln vehicles have systems that record data about how the vehicle is performing, how it is driven, where it is located, and the environment in which it is driven. Some vehicles have connectivity features that send connected vehicle information to Ford to enable connected services.
If your vehicle does not have connectivity features (or does not have them enabled), data is stored in the vehicle and not accessible to Ford or others without physical access to the vehicle. We may receive the following information from your vehicle at service visits,
· Vehicle Data: Information about the vehicle, its components, and parts, including their status and performance and diagnostics of vehicle systems (e.g., VIN, hardware model and part numbers, odometer, tire pressure, fuel and fluid levels, battery and lock status, trouble codes, warning indicators and alerts) and other information about how the vehicle is performing.
If you have a connected vehicle or use connected vehicle services, we may receive Vehicle Data and additional categories of Connected Vehicle Information including Vehicle Location, Driving Data, Media Analytics, and Vehicle Analytics with Media Analytics. See the Connected Vehicle Privacy section, and your owner’s manual, for additional information.
Information From Your Devices. When you use our websites and online services, we automatically collect some information from your devices (such as mobile phone, tablet, smartwatch, or computer). For example:
· Device Details and Network Information: Some devices share, and our servers log, information such as type of device, hardware model, MAC Address, operating system, version, settings, configuration, and network-related information (for example, IP address, mobile network provider, etc.). We may also collect device motion information if you enable that functionality within your FordPass or Lincoln Way app. As further described in the Cookies section below, our websites and online services store and retrieve data using cookies set on your device.
· Digital Activity: When you connect to our online services, we collect information about your online activity and usage patterns, such as access times, webpages or content viewed, other websites visited, app features used, vehicles and options viewed, etc.
You may use app or device controls to prevent certain types of automatic data collection. But if you choose not to provide or allow information that is necessary for certain products or features, those products or features may not be available or function correctly
Information We Generate About You. We infer new information from the data we collect, such as:
Other Sources of Information About You. In addition to information we collect from you, your vehicle, and your devices and the information we generate or infer, we obtain information from others when you direct them to share information with us and also in the following cases:
We may combine personal information you provide to us, information from your vehicle, information from your devices, information about you we receive from others, and information we generate about you.
We also collect information in a form that cannot reasonably be linked back to you.
COOKIES AND SIMILAR TECHNOLOGIES
Cookies on our websites are used to store your preferences and settings, enable you to sign-in, provide interest-based advertising, combat fraud, analyze how our products perform, personalize your experience and the content you see on our website (such as showing you information about our products and services that you have previously viewed or accessed or may be interested in), and fulfill other legitimate purposes.
Our websites may also contain electronic images known as web beacons (also called single-pixel gifs) that we use to help deliver cookies on our websites, count users who have visited those websites, and gather usage and performance data. We also include web beacons in our promotional email messages or newsletters to determine whether you open and act on them, and in our ads appearing on other sites to measure the performance of those ads.
Our websites often include web beacons and cookies from third-party service providers. In some cases, that is because we have hired the third party to provide services on our behalf, such as site analytics or advertising. In other cases, it is because our web pages contain third-party content (such as embedded videos, maps, plug-ins, or ads) that contain web beacons used to determine the effectiveness and track your interaction with that content. When your browser connects to a third party’s web server to retrieve content and/or web beacons, that third party is able to set or read its own cookies on your device and may collect information about your online activities over time and across different websites or online services that also contain that third party’s content or web beacons.
For example, many of our websites use Mouseflow, a third-party analytics tool, to track page content and click/touch, movement, scroll, and keystroke activity. You can find more information on Mouseflow’s privacy practices at https://mouseflow.com/privacy/ or opt-out at https://mouseflow.com/privacy/ . https://mouseflow.com/opt-out/. We also use Google Analytics and other Google services to support the operation of our websites. To learn about how Google uses and shares data it collects through these services, we encourage you to visit https://www.google.com/privacy.html and https://www.google.com/policies/privacy/partners/.
Pages of our website that collect information that may be used by such advertising partners for interest-based advertising purposes are identified by a link to AdChoices in the footer of the page. To see a list of third-party advertising and analytics providers that set cookies from our websites, along with links to manage your preferences, click on the AdChoices link.
Industry-wide opt-outs. Many of these companies are also members of associations, which provide a simple way to opt out of analytics and ad targeting, which you can access at:
Mobile advertising ID controls. Apple and Android mobile devices each generate an advertising identifier that can be accessed by apps and used by advertisers in much the same way that cookies are used on websites. Each operating system provides options to limit tracking and/or reset the advertising ID.
Browser cookie controls. Web browsers vary on whether they are set to accept various types of cookies by default. You can go to your browser settings to learn how to delete or reject cookies. If you choose to delete or reject cookies, this could affect certain features or services of our website. If you choose to delete cookies, settings and preferences controlled by those cookies, including advertising preferences, may be deleted and may need to be recreated.
Do Not Track. Some browsers have incorporated “Do Not Track” (DNT) features that can send a signal to the websites you visit indicating you do not wish to be tracked. Because there is not a common understanding of how to interpret the DNT signal, our websites do not currently respond to browser DNT signals. Instead, you can use the range of other tools to control data collection and use, including the cookie controls and advertising controls described above.
Email web beacons. You can disable web beacons in email messages by changing the settings on your email client to prevent the automatic downloading of images.
Adobe Experience Cloud Device Co-op controls. Ford participates in the Adobe Experience Cloud Device Co-op. This Co-op allows Adobe to better understand how websites and apps are used by linking various devices that appear to be used by the same person. In turn, it helps companies who are members of the Co-op, including Ford, create websites, apps and ads customized for you, across all your devices. You can learn more about the Co-op, how it works, and how to opt-out at https://cross-device-privacy.adobe.com.
OUR USE OF PERSONAL INFORMATION
We use the personal information we collect for purposes described in this Policy or otherwise disclosed to you. For example, we have used personal information for the following purposes over the past 12 months:
Purposes of Use
Categories of Personal Information
Product and Service Delivery. To provide and deliver our products and services, including operating, securing, and troubleshooting; providing support for vehicle service, warranty, and recall; providing customer service and technical support; and providing credit and financing services.
Contact Information, Demographics, Payment Data You Provide, Preferences, Audio/Visual, Identification Numbers You Provide, Security, Content of Communications, Vehicle Data, Vehicle Location, Driving Data, Vehicle Service History, Device Details and Network Information, Digital Activity, Device and Mobile Location, Inferred Preferences, Identification Numbers We Generate, Payment Data We Generate
Product Improvement. To improve existing products and services.
Contact Information, Demographics, Preferences, Audio/Visual, Content of Communications, Vehicle Data, Vehicle Location, Driving Data, Vehicle Service History, Media Analytics, Vehicle Analytics with Media Analytics, Device Details and Network Information, Digital Activity, Device and Mobile Location, Identification Numbers We Generate, Payment Data We Generate, Inferred Preferences
Research and Development. To conduct research and develop new products and services.
Demographics, Preferences, Audio/Visual, Content of Communications, Vehicle Data, Vehicle Location, Driving Data, Vehicle Service History, Media Analytics, Vehicle Analytics with Media Analytics, Device Details and Network Information, Digital Activity, Device and Mobile Location, Inferred Preferences, Identification Numbers We Generate, Payment Data We Generate
Personalization. To understand you and your preferences to enhance and personalize your experience.
Contact Information, Demographics, Preferences, Audio/Visual, Content of Communications, Vehicle Data, Driving Data, Vehicle Service History, Media Analytics, Vehicle Analytics with Media Analytics, Device Details and Network Information, Digital Activity, Device and Mobile Location, Inferred Preferences, Identification Numbers We Generate, Payment Data We Generate
Dealer Support. To support the dealer operations.
Contact Information, Audio/Visual, Content of Communications, Vehicle Data, Vehicle Service History, Device and Mobile Location, Inferred Preferences, Identification Numbers We Generate, Payment Data We Generate
Contact Information, Demographics, Preferences, Audio/Visual, Content of Communications, Vehicle Data, Vehicle Service History, Device Details and Network Information, Digital Activity, Device and Mobile Location, Inferred Preferences, Identification Numbers We Generate, Payment Data We Generate
Business Operations. To operate our business, such as accounting, finance, tax, regulatory compliance, litigation, information security, fraud detection and prevention, supplier and vendor management, human resources, information technology, and improving our internal operations.
Contact Information, Demographics, Payment Data You Provide, Preferences, Audio/Visual, Identification Numbers You Provide, Security, Content of Communications, Vehicle Data, Vehicle Location, Driving Data, Vehicle Service History, Device Details and Network Information, Digital Activity, Device and Mobile Location, Inferred Preferences, Identification Numbers We Generate, Payment Data We Generate
In carrying out these purposes, we combine data we collect from different sources to give you a more seamless, consistent, and personalized experience.
Finally, we may use de-identified information for any purpose in accordance with applicable law.
OUR SHARING OF PERSONAL INFORMATION
We share personal information with your consent, when you direct us to share it with others, or as necessary to complete your transactions or provide the products you have requested or authorized. For example, when you provide payment data to make a purchase, we will share that data with banks and other entities as necessary for payment processing, fraud prevention, credit risk reduction, or other related financial services. We also share personal information with:
CHOICE AND CONTROL OF PERSONAL INFORMATION
Access, correction, and deletion. You can access, edit or delete some of the personal information we have collected by logging into your account and accessing the information displayed in your profile or account settings.
For example, if you sign in on to https://owner.ford.com and then select your profile, you can view and change your personal information and information about your vehicle(s), as well as change your email contact preferences.
If you are a participant in Ford’s New Vehicle Purchase Plan (for eligible Ford Motor Company employees, retirees, Family and Friends, and certain employees of Ford dealerships, suppliers, and other partners), you can access your personal information related to the New Vehicle Purchase Plan by signing in and choosing “My Profile” on www.axz.ford.com (for employees and retirees), www.myplan.ford.com (for friends and family), or www.dplan.dealerconnection.com (for dealership employees). Ford partners can make corrections to personal information collected through the www.fordpartner.com website by calling the AXZ Call Center at 800-348-7709.
If you cannot access certain personal information we have via the links above or directly through the Ford products you use, you can always contact us as described at the bottom of this Policy. However, to the extent permitted by applicable law, we reserve the right to charge a fee or decline requests that are unreasonable or excessive, where providing the data would be prohibited by law or could adversely affect the privacy or other rights of another person, or where we are unable to authenticate you as the person to whom the data relates.
Communications preferences. You can choose whether to receive promotional communications from us by email, physical mail, and telephone by contacting our Customer Relationship Center (see How To Contact Us at the bottom of this Policy). As noted above, you can access and change your email communications preferences by logging into your profile on https://owner.ford.com. If you receive promotional email messages from us and would like to stop, you can do so by following the directions in that message. If you receive text (SMS) messages from us, you can stop delivery of further messages of that type by following the instructions provided or replying “STOP,” after which you will receive a single message confirming your choice. These choices do not apply to mandatory service communications that are part of certain of our products (e.g., recall notices).
Vehicle Controls. To delete certain data stored on your vehicle, you may be able to perform a Master Reset. For controls related to connected vehicles, please see the Connected Vehicle Privacy section of this Policy. Additional details and instructions may be available in your vehicle owner’s manual.
Choices for Cookies and Similar Technologies. See the Cookies section for choices about cookies and other analytics and advertising controls.
CONNECTED VEHICLE PRIVACY
For information on items not addressed specifically in this Connected Vehicle Privacy section, refer to other sections of our Policy. For example, for information on use, see the Our Use of Personal Information section.
Connected Vehicle Information. As noted in the “Information from Your Vehicle” section above, Ford and Lincoln vehicles have systems that record data about how the vehicle is performing, how it is driven or used, where it is located, and the environment in which it is driven. In general, data is stored in the vehicle and not accessible to Ford or others without physical access to the vehicle, unless available and equipped, Connected Services are used or when the vehicle is serviced by Ford dealers. Please see the owner’s manual for details about information that is stored on the vehicle (for example, the SYNC system).
Some Ford and Lincoln vehicles have Connectivity Services or features that collect Connected Vehicle Information. The specific Connected Vehicle Information collected will depend on the services/features available in the vehicle and the settings applicable to those services/features. Connected Vehicle Information may be associated with a vehicle's unique identification number (“vehicle identification number” or “VIN”) or other component identifiers, which may be linked to an owner or lessee.
Connected Services are Ford and Lincoln services that use Connected Vehicle Information. You may also direct the sharing of Connected Vehicle Information to third parties, in which case the third party’s terms and conditions and privacy policies (and not this Policy) apply to its use of the information.
Connected Vehicle Information may be transmitted to us remotely through FordPass Connect (SYNC Connect), Lincoln Connect, AppLink, Wi-Fi, or obtained directly from the vehicle at service visits.
Connected Vehicle Information includes the categories below.
Depending on the vehicle model, SYNC software version and in-vehicle settings (if equipped), these categories may apply and be identifiable to the vehicle.
Connected Vehicle Information Categories
(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 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) and other information about how the vehicle is performing, as well as the environment in which it is driven (such as the temperature outside the vehicle and road surface conditions).
(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, etc.).
(may also be referred to as Precise Location Information)
Location information including its current location (latitude and longitude of the vehicle) travel direction, speed, and charging locations used (if applicable).
Information about what is listened to in the vehicle (such as radio presets, volume, channels, media sources, title, artist, and genre).
Vehicle Analytics (may also be referred to as SYNC Analytics or In-Vehicle Services Information) with Media Analytics
Information about the usage of vehicle features, services, and technology (such as which features are used), and information about what is listened to in the vehicle (such as radio presets, volume, channels, media sources, title, artist, and genre).
Depending on the vehicle model, Media Analytics and Vehicle Analytics with Media Analytics can be turned "on" in the vehicle. When either Media Analytics or Vehicle Analytics with Media Analytics are turned "on," Vehicle Location information is also used. We also collect the following information in a form that cannot reasonably be linked back to you:
Vehicle Analytics: (may also be referred to as SYNC Analytics or In-Vehicle Services Information) when used without Media Analytics: Non-personal information about the usage of vehicle features, services, and technology (such as which features are used)
Failed Voice Commands: Non-personal information regarding failed voice commands
Connected Vehicle Controls. As described below, a variety of technologies work together to provide the ability to access Connected Services and features. Depending on how the vehicle is equipped, different in-vehicle controls may be available to you. Learn more about modems, other connectivity technology, and in-vehicle controls in the owner’s manual or call the Ford Customer Relationship Center (see How to Contact Us below). Owner’s manuals are available at the following links:
Lincoln Vehicles: https://owner.lincoln.com/tools/account/how-tos/owner-manuals.html
You can use these controls and take other steps to protect your privacy with respect to Connected Services. For example, we recommend the following:
1. Read your vehicle owner’s manual and familiarize yourself with how the vehicle you are driving (or riding in) is equipped, for example vehicle connectivity options and data sharing settings.
2. Read this Connected Vehicle Privacy section so you are aware of what Connected Vehicle Information may be collected and how it is used.
3. Inform passengers and other drivers of the vehicle that Connected Vehicle Information is being collected and used by us and our service providers.
4. Prior to selling or transferring ownership of the vehicle, complete a MASTER RESET (see below) to remove imported personal data like contact lists, names of paired devices and/or connected networks to return the vehicle to the default factory settings and:
a. For vehicles with modems: this will also disassociate any FordPass/Lincoln Way account(s) connected to the vehicle and stop any account-related data sharing
b. For vehicles with a Connectivity Device: you must remove the VIN from your FordPass/Lincoln Way account(s) to disassociate the vehicle from the account and stop any account-related data sharing
Note: Account-related data sharing will continue unless (a) or (b) is performed.
Please contact us if you have any questions.
5. If you purchase or lease a pre-owned Ford or Lincoln vehicle, please visit www.FordConnected.com or www.ConnectedLincoln.com to check if a vehicle has connectivity technology. Based on how the vehicle is equipped, perform a MASTER RESET and complete the appropriate action detailed in number 4 (above). Please read the “How to Tell If a Vehicle Is Sharing Data” section to learn more. Connected Services such as FordPass Connect (SYNC Connect) and Lincoln Connect, if equipped and activated, may send us Connected Vehicle Information and may have associated multiple accounts that may allow the account user to access vehicle location and services, such as remote start, lock and unlock, and information about vehicle status, such as fuel level.
6. Review the terms and conditions and privacy policies for any third-party services or applications to which you subscribe and/or use while in a Ford or Lincoln vehicle.
7. If you rent a connected vehicle, perform a MASTER RESET before you drive the vehicle and before you return the vehicle to the rental company. Please contact the rental company with any questions.
Performing a Master Reset returns the vehicle’s modem to the factory settings and removes any imported personal data like cellular phone contact lists, names of paired devices and/or connected networks. Master Reset also disconnects modem-equipped vehicles from any FordPass / Lincoln Way accounts. See 4 above.?
Deleting the FordPass/Lincoln Way app from your device will not disable data sharing.
PEFORM A MASTER RESET:
BEFORE SELLING OR TRANSFERRING OWNERSHIP
AFTER PURCHASING OR LEASING A PRE-OWNED VEHICLE? ?
BEFORE AND AFTER RENTING A VEHICLE FROM A RENTAL COMPANY
When you are asked to provide personal information, you may decline (such as not associating a VIN to a FordPass/Lincoln Way account). But, if you choose not to provide or allow information that is necessary for certain products or features, those products or features may not be available or function correctly.
Connected Vehicle Services and Technologies. Having a connected vehicle means, depending how it is equipped and enabled, the vehicle may be able to use Connected Services, communicate with us and our service providers, and use apps on mobile devices. A variety of technologies work together to provide the ability to access Connected Services and features. To check if a Ford or Lincoln vehicle is equipped with connectivity technology, please visit www.fordconnected.com or www.connectedlincoln.com, read the vehicle’s owner’s manual or visit your dealer. We work with AT&T as our current cellular network provider for our connectivity services in the United States.
Our Connected Services include:
Note: To stop the Connectivity Device from sharing this information, see your Connectivity Settings through the FordPass / Lincoln Way app. You may also remove the vehicle from your FordPass / Lincoln Way account.
For other vehicle models, please see the owner’s manual, check the in-vehicle settings (if equipped) or contact your dealer for more information about what connectivity equipment is installed in the vehicle, and how to tell if the vehicle is sharing data. You can also find out how to deactivate vehicle connectivity in the owner’s manual.
Sharing a Vehicle or Driving a Shared Vehicle. If you share a vehicle with others, please tell them about the connectivity and privacy settings for the vehicle. For example, inform passengers within the vehicle and other drivers of the vehicle that Connected Vehicle Information is being shared with us and our service providers. And, let them know where they can find the information needed to connect to the vehicle's Wi-Fi Hotspot (if equipped and activated) and where they can turn off vehicle location and other connected vehicle data sharing settings, if equipped.
Multiple accounts can be created on the FordPass app/Lincoln Way app, and more than one account can be connected to a single vehicle. If you drive a vehicle with more than one account connected to it, the user(s) of each account will have access to:
· the vehicle's location;
· services that allow the vehicle to be remotely started, locked and unlocked; and
· services that show information about the vehicle's status (for example, its fuel level).
Similarly, if you drive a vehicle with the FordPass / Lincoln Way app connected to it, the user(s) of the app will have access to the information and services outlined above.
If you want to connect an account on the FordPass / Lincoln Way app to a vehicle which has already been connected to another account, your name and the fact that you have requested this connection will be shared, via the FordPass /Lincoln Way app, with current user(s) who connected to the vehicle before you. The current user or users have the opportunity to allow or refuse your connection to the vehicle.
Additionally, you can turn off sharing data associated with your FordPass/Lincoln Way account by performing a MASTER RESET or by removing the VIN from your FordPass / Lincoln Way App garage. To learn how to perform a MASTER RESET, please see your owner’s manual. Deleting the app from your device will not disable data sharing. See Connected Vehicle Controls (above) for more information.
Some vehicles have in-vehicle pop-up notifications to alert drivers and passengers of Connected Vehicle Information sharing settings (see “How to Know if a Vehicle is Sharing Data” above). Drivers with an unrecognized mobile device may see a pop-up displayed in-vehicle informing them of the current vehicle data and/or location sharing settings. A mobile device is “recognized” if it has been paired with an infotainment system, like SYNC. This way if someone is new to the vehicle, or not driving it enough to pair their mobile device, the system will inform them of the vehicle’s current data and/or location sharing settings.
CALIFORNIA PRIVACY RIGHTS
California Consumer Privacy Act (“CCPA”)
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:
Access/Right to Know. You have a right to request that we provide you with the following information:
Contact Information, Demographics, Preferences, Inferred preferences, Content of Communications, Vehicle Service History, Vehicle Data, Device Details and Network information, and Digital Activity.
Right to Delete. You also have a right to request that we delete personal information under certain circumstances, subject to a number of exceptions.
Right to Opt-Out From Sales. You also have a right to opt-out from future sales of personal information, which you can exercise by clicking on the “Do Not Sell My Personal Information” button on our website. See also the Cookies section of this Policy to learn how to opt out of analytics and ad targeting.
How to Exercise Your California CCPA Rights
You can exercise your CCPA rights by submitting your request(s) to us using the web form located at www.ford.com/help/privacy/ccpa or www.thongtinxuatkhaulaodong.com/help/privacy/ccpa. You can also exercise your CCPA rights by calling us, toll-free, at 1-888-459-1291, Monday through Friday from 5:00 am until 8:00 pm Pacific time or Saturday from 5:00 am until 5:00 pm Pacific time. Our call center will be closed on Sundays and on New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving, and Christmas Day.
If you want to exercise more than one of your CCPA rights, please submit a separate request for each CCPA right, which will help us handle your requests more effectively. Please be aware that we will process your requests in the order we receive them.
Whether you use the web form or call us, we will need information from you to process your request so that we can confirm you are a California resident, determine if we have personal information about you, and, for access and deletion requests, verify your identity. We may also need to contact you about your request, and you can choose the contact method you would like us to use.
Please be aware there might be circumstances where we will not honor your request, as permitted under the CCPA. For example, if we are not able to verify your identity and that you are a California resident, we may not honor your access or deletion request. In addition, we may not delete your personal information if an exception under the CCPA applies.
You may designate, in writing or through a power of attorney, an authorized agent to make requests on your behalf to exercise your rights under the CCPA. Before accepting such a request from an agent, we will require the agent to provide proof you have authorized it to act on your behalf, and we may need you to verify your identity directly with us.
If you want an authorized agent to submit a “Delete My PI” or “Access My PI” request on your behalf, the authorized agent must provide proof of their registration with the California Secretary of State, as well as proof that you gave the authorized agent written permission to submit the request(s) on your behalf. We may also require you to verify your identity with us.
If you want an authorized agent to submit a “Do Not Sell My PI” instruction on your behalf, the authorized agent must provide proof of their registration with the California Secretary of State, as well as proof that you gave the authorized agent written permission to submit the instruction on your behalf.
You have a right to not be discriminated against for exercising rights set out in the CCPA.
California Shine the Light
Additionally, under California’s “Shine the Light” law, California residents who provide personal information in obtaining products or services for personal, family, or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g., requests made in 2020 will receive information regarding 2019 sharing activities).
To obtain this information on behalf of Ford Motor Company’s Ford and Lincoln U.S. operations, please send an email message to email@example.com with "Request for California Privacy Information" on the subject line and in the body of your message. You can also exercise your rights under California’s “Shine the Light” law, by clicking https://www.ford.com/help/privacy/#caPrivacy).
We will provide the requested information to you at your e-mail address in response. Please be aware that not all information sharing is covered by the "Shine the Light" requirements and only information on covered sharing will be included in our response. Please also note that we may not be required to respond to requests made by means other than through the above designated e-mail address.
California Business and Professions Code Section 22581
California residents under the age of 18 who are registered users of online sites, services, or applications have a right under California Business and Professions Code Section 22581 to remove, or request and obtain removal of, content or information they have publicly posted. To remove content or information you have publicly posted, please send a detailed description of the specific content or information you wish to have removed; see How to Contact Us below. Please be aware that your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.
If the processing of personal data about you is subject to European Union data protection law, you have certain rights with respect to that data:
To make such requests or contact our Data Protection Officer, contact us at the address at the bottom of this Policy. When we are processing data on behalf of another party that is the “data controller,” you should direct your request to that party. You also have the right to lodge a complaint with a supervisory authority, but we encourage you to first contact us with any questions or concerns.
We rely on different lawful bases for collecting and processing personal data about you, for example, with your consent and/or as necessary to provide the products you use, operate our business, meet our contractual and legal obligations, protect the security of our systems and our customers, or fulfill other legitimate interests.
Retention of PERSONAL INFORMATION
We retain personal information for as long as necessary to provide the products and fulfill the transactions you have requested, comply with our legal obligations, resolve disputes, enforce our agreements, and other legitimate and lawful business purposes. Because these needs can vary for different data types in the context of different products, actual retention periods can vary significantly based on criteria such as user expectations or consent, the sensitivity of the data, the availability of automated controls that enable users to delete data, and our legal or contractual obligations.
LOCATION OF PERSONAL INFORMATION
The personal information we collect may be stored and processed in your country or region, or in any other country where we or our affiliates, subsidiaries, or service providers maintain facilities. The storage location(s) are chosen to operate efficiently and improve performance. We take steps designed to ensure that the data we collect under this Policy is processed according to the provisions of this Policy and applicable law wherever the data is located.
Location of Processing European Personal Data. We transfer personal data from the European Economic Area and Switzerland to other countries, some of which have not been determined by the European Commission to have an adequate level of data protection. When we do so, we use a variety of legal mechanisms, including contracts, to help ensure your rights and protections. To learn more about the European Commission’s decisions on the adequacy of personal data protections, please visit: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en.
SECURITY OF PERSONAL INFORMATION
Safeguarding personal information is important to us. While no systems, applications, or websites are 100% secure, we take reasonable and appropriate steps to help protect personal information from unauthorized access, use, disclosure, alteration, and destruction.
To help us protect personal information, we request that you use a strong password and never share your password with anyone or use the same password with other sites or accounts.
We will update this Privacy when necessary to reflect changes in our products, how we use personal information, or the applicable law. When we post changes to the Policy, we will change the "Last Updated" date at the top of the Policy. If we make material changes to the Policy, we will provide notice or obtain consent regarding such changes as may be required by law.
HOW TO CONTACT US
If you have a privacy concern, complaint, or a question for Ford, please contact us at:
Ford Motor Company
Customer Relationship Center
P.O. Box 6248
Dearborn, MI 48126
800-232-5952 (TDD for the hearing impaired)
We are committed to working with consumers to obtain a fair and rapid resolution of any complaints or disputes about privacy and the handling of your data. We will be happy to respond to your questions and comments.
PLEASE READ THESE LINCOLN MOTOR COMPANY – TERMS OF SUBMISSION (THE “AGREEMENT”) CAREFULLY, AS THEY CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU (“USER”, “YOU” OR “YOUR”) AND FORD MOTOR COMPANY (“FORD”, “WE”, “OUR” OR “US”) REGARDING YOUR SUBMISSION OF (AND OUR USE AND DISPLAY OF) YOUR ORIGINAL PHOTOGRAPHS, CONTENT, MATERIALS AND OTHER INFORMATION (“USER CONTENT”) MADE AVAILABLE AND PROVIDED BY YOU VIA TWITTER, INC. (“TWITTER”), FACEBOOK, INC. (“FACEBOOK”), TUMBLR, INC. (“TUMBLR”), INSTAGRAM, LLC (“INSTAGRAM”), VIMEO, INC. (“VIMEO”), YOUTUBE, LLC (“YOUTUBE”), PINTEREST, INC. (“PINTEREST”), LINKEDIN CORPORATION (“LINKEDIN”) AND/OR ANY OTHER THIRD PARTY OWNED AND/OR OPERATED PLATFORMS OR SERVICES (COLLECTIVELY, “THIRD PARTY PLATFORMS”).
1. COMPLIANCE AND ELIGIBILITY. BY SUBMITTING YOUR USER CONTENT, YOU EXPRESSLY UNDERSTAND, ACKNOWLEDGE AND AGREE TO COMPLY WITH:
FURTHER, YOU REPRESENT, WARRANT AND COVENANT THAT:
2. SUBMITTING USER CONTENT. To submit your User Content, please read all instructions provided in connection with submitting and uploading User Content that may be made available on the applicable Third Party Platform, and complete and provide all necessary submission information requested therein. Additionally, all User Content must meet all the specifications and requirements relating to formatting, compatibility, operating characteristics and submission also made available via the applicable Third Party Platform, as well as the terms and conditions of this Agreement, including, without limitation, the requirements and restrictions set forth in Section 3 below. By submitting User Content, you also agree and understand that the term “User Content” will also include, without limitation, any and all information you submit or we may receive that is related to your User Content, including, without limitation, any descriptions and/or captions in connection therewith.
3. USER CONTENT REQUIREMENTS. You agree that any and all User Content you submit shall meet the following requirements and guidelines:
For the avoidance of doubt, if any User Content you submit contains any material or elements that are not owned by you, and/or which are subject to the rights of third parties, you are responsible for obtaining, prior to submission of such User Content, any and all releases and consents necessary to permit the use, display and exhibition of the User Content by Ford as set forth herein, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the User Content. Ford reserves the right to request proof of these permissions in a form acceptable to Ford from you at any time.
YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT ALL USER CONTENT IS THE SOLE RESPONSIBILITY OF THE PERSON FROM WHICH SUCH USER CONTENT ORIGINATED. IN OTHER WORDS, YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR THE CONSEQUENCES OF ALL USER CONTENT THAT YOU SUBMIT, UPLOAD, OR OTHERWISE MAKE AVAILABLE TO FORD. NOTWITHSTANDING ANYTHING SET FORTH HEREIN TO THE CONTRARY, FORD IS NOT OBLIGATED TO USE, PUBLISH AND/OR DISPLAY ANY USER CONTENT (IN WHOLE OR IN PART). FORD RESERVES THE RIGHT, AT ANY TIME, WITHOUT NOTICE TO YOU AND WITHOUT LIMITING ANY AND ALL OTHER RIGHTS WE MAY HAVE UNDER THIS AGREEMENT, AT LAW OR IN EQUITY, TO REJECT, REMOVE AND/OR DELETE ANY USER CONTENT THAT IT DEEMS, IN ITS SOLE DISCRETION, VIOLATES THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT AND/OR ANY OF ITS STANDARDS AND PRACTICES.
4. RIGHTS GRANTED TO FORD. By submitting your User Content via the applicable Third Party Platform, you grant Ford an unlimited, worldwide, irrevocable, perpetual and royalty free right and license to use, reproduce, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, host, prepare derivative works of, and otherwise exploit all or any portion of your User Content, in any form or format, on or through any media or medium and with any technology or devices now known or hereafter developed or discovered, including, without limitation, on Ford’s Twitter, Facebook, Tumblr, Instagram, Vimeo, YouTube, Pinterest and LinkedIn channels, and any other channels, services, and other distribution platforms (including, without limitation via any Third Party Platform (e.g., Twitter, Facebook, Tumblr, Instagram, etc.)), whether currently existing or existing or developed in the future, of Ford (collectively, the “Ford Platforms”), for any purpose whatsoever (including, without limitation, for any promotional, advertising and marketing purposes) without accounting, notification, credit or other obligation to you, and the right to license and sub-license and authorize others to exercise any of the rights granted hereunder to Ford. In addition to the foregoing, by submitting your User Content via the applicable Third Party Platform, you also grant Ford an unlimited, worldwide, irrevocable, perpetual and royalty free right and license to use your name, image, likeness, performance, photograph, characteristic or other distinctive identification for programming, advertising, publicity and promotional purposes, in any form or format, on or through any media or medium and with any technology or devices now known or hereafter developed or discovered, in order to exploit any and all of the rights set forth herein in connection with the marketing, advertising and promotion of the Ford Platforms, and any products, goods, features, functions, capabilities and/or services associated with Ford, including, without limitation, to use and otherwise exploit your User Content, without any credit, compensation or accounting to you. You also understand and agree that neither all or any portion of your User Content, nor any commercial, advertisement, promotional, marketing or other material associated with your User Content, need to be submitted to you for approval prior to use.
5. OWNERSHIP. FORD DOES NOT ACQUIRE ANY TITLE OR OWNERSHIP RIGHTS IN THE USER CONTENT THAT YOU SUBMIT AND/OR MAKE AVAILABLE. AFTER YOU SUBMIT, UPLOAD AND OTHERWISE MAKE AVAILABLE ANY USER CONTENT, YOU CONTINUE TO RETAIN ANY SUCH RIGHTS THAT YOU MAY HAVE IN SUCH USER CONTENT, SUBJECT TO THE RIGHTS, LICENSES AND PRIVILEGES GRANTED HEREIN.
6. RELEASE AND INDEMNIFICATION. You agree to release, discharge, defend, indemnify and hold Ford, GTB Agency, LLC and each’s successors and assigns, directors, officers, employees, representatives, agents, licensors, suppliers and operational service providers (collectively, the “Released Parties”) harmless from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees), arising in any way out of or in connection with (a) your use of Lincoln Website and any and all features and functionality of the applicable Third Party Platform that allows you to submit and upload your User Content, (b) your breach or violation of this Agreement and/or (c) your User Content, including, without limitation, Ford’s use thereof. Ford reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and all negotiation for its settlement or compromise (as applicable), and in each such case, you agree to fully cooperate with us upon our request.
7. DISCLAIMER AND LIMITATION OF LIABILITY. THE LINCOLN WEBSITE AND ANY AND ALL FEATURES AND FUNCTIONALITY OF ANY THIRD PARTY PLATFORM THAT ALLOWS YOU TO UPLOAD AND SUBMIT YOUR USER CONTENT, ARE PROVIDED "AS IS" WITH NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AND YOUR USE OF SAME IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR USER CONTENT, THE REPRESENTATIONS AND OBLIGATIONS UNDER THIS AGREEMENT AND FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM USE OF THE LINCOLN WEBSITE OR ANY THIRD PARTY PLATFORM. THE RELEASED PARTIES HEREBY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES CONCERNING ACCESS TO AND/OR THE AVAILABILITY, ACCURACY, USEFULNESS AND/OR SECURITY OF THE LINCOLN WEBSITE AND ANY AND ALL FEATURES AND FUNCTIONALITY OF ANY THIRD PARTY PLATFORM THAT ALLOW YOU TO UPLOAD AND SUBMIT YOUR USER CONTENT, AND ANY OTHER CONTENT, MATERIAL, SOFTWARE AND/OR OTHER INFORMATION MADE AVAILABLE TO YOU, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT ANY THIRD PARTY PLATFORM WILL FUNCTION OR PERFORM IN ANY PARTICULAR MANNER.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE RELEASED PARTIES, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE LINCOLN WEBSITE OR ANY THIRD PARTY PLATFORM, THE USER CONTENT AND/OR FROM THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, HOWSOEVER ARISING OR CAUSED, WHETHER FORESEEABLE OR NOT, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OR CHARACTERIZATION OF THE CLAIM AND EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES. PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR CERTAIN LIMITATIONS ON DAMAGES AND REMEDIES, ACCORDINGLY SOME OF THE EXCLUSIONS AND LIMITATIONS DESCRIBED IN THIS AGREEMENT MAY NOT APPLY TO YOU.
8. GOVERNING LAW. To the extent not prohibited by law, you agree (a) that this Agreement, and all disputes, claims, actions, suits or other proceedings arising hereunder and/in connection with your User Content, shall be governed by, and construed in accordance with, the substantive law of the State of Michigan applicable to contracts wholly made and to be performed within the State of Michigan, (b) to irrevocably submit to the sole and exclusive jurisdiction of the federal and state courts of Michigan, situated in Wayne County, Michigan, and (c) to irrevocably consent to the exercise of personal jurisdiction by such courts and waive any right to plead, claim or allege that Michigan is an inconvenient forum.
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