Ford Thailand Legal
Part 1 – General Terms and Conditions
1. General Information
This Application (“App”) is owned by Ford Motor Company, 1 American Road, Dearborn, Michigan 48126 United States of America (hereinafter "Ford") and the content on the App is owned by Ford or its affiliated companies and by affiliates and third parties that post on the App through a license from Ford, but for whom Ford assumes no direct responsibility. Please read these Terms and Conditions, as they, together with any additional terms to which you agree when using particular elements of the App, constitute the entire agreement regarding the App and set forth the legally binding terms governing your visit to this App. These Terms and Conditions apply to all persons who use this App, regardless of your level of participation. Use of this App by Ford employees, including contract, agency and supplemental, is completely voluntary and will have no impact on your employment. Time spent using the App outside of work hours is not compensable. If you have questions, please talk with your supervisor before downloading or registering for this App.
Use of this App requires your acceptance of the legal terms under which it is offered, including Part 1- General Terms and Conditions, Part 2 – Ford Owners App Privacy Statement (“Privacy Statement”) and Part 3 - Country Unique Terms and Conditions (if any). Together, Part 1, Part 2 and Part 3 constitute the “Terms and Conditions.” The General Terms and Conditions set forth in Part 1 and the Privacy Statement set forth in Part 2 apply to the App unless specifically modified by the Country Unique Terms and Conditions in Part 3. To the extent the General Terms or Privacy Statement conflict with the Country Unique Terms, the Country Unique Terms shall apply in the applicable Country. By using this App you agree that you have read, understand and accept the Terms and Conditions and you affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. You acknowledge these Terms and Conditions are a binding and enforceable agreement between you and Ford. You acknowledge your app store provider is not a party to this agreement but agree that it and its subsidiaries are third party beneficiaries of this agreement’s Terms and Conditions, giving your app store provider and its subsidiaries the right (and will be deemed to accept the right) to enforce these Terms and Conditions against you as the end-user of the App. By using this App, you also agree that you will not use this App for any purpose that is unlawful or in contravention of these Terms and Conditions.
Ford and its affiliates reserve the right to change these Terms and Conditions from time to time without notifying you. If you object to any such changes, your sole recourse shall be to cease using this App. Continued use of this App following the effective date of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the Terms and Conditions of such changes. Ford may cease all or part of the App at any time without notice and is not obligated to retain or return any post or comment. If you do not agree to any of these Terms and Conditions please do not use the App.
2. Fees
You are responsible for any fees incurred in connection with your use of this App. Your mobile phone carrier may charge you access or data fees for your use of their services in connection with data transmission. Contact your data carrier for more information regarding data rates and fees.
3. System Requirements/Updates/Changes/Cancellation
Use of this App requires a compatible mobile telephone or handheld device which is compatible with the App, internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the App involves hardware, software, and internet access, your ability to use the App may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. This App is not part of any other product or offering, and no purchase or rental (as applicable) or obtaining of any other product shall be construed to represent or guarantee your access to the App.
The version of the App software may be upgraded from time to time to add support for new functions and services, improve, enhance and further develop the App and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. If you have permitted automatic updates, you agree to receive such updates as part of your use of this App. You acknowledge that your app store provider has no obligation whatsoever to furnish any maintenance or support services to you respecting this App.
To the fullest extent permitted by applicable law, Ford reserves the right, in its sole discretion, to change, improve, correct, modify, suspend, discontinue or permanently cancel the operation of this App or portions thereof at any time without any notice to you, without incurring any obligations. Your use of this App after any changes are posted will be considered acceptance of such changes. The App may not be available during maintenance breaks and other times.
4. User Control and Uninstall
Uninstallation methods vary depending on your device. To uninstall this App, please use the application manager provided with your device or consult your device manual for reference.
5. United States App and Pricing
This App is owned by Ford Motor Company, 1 America Road, Dearborn Michigan, 48126, United States of America (“U.S”). You agree that all notices, legal documents,proceedings, etc. will be in the English language. Materials and information provided on or through the App, including but not limited to prices, features, products or services, may not be appropriate for or available outside the U.S. If you choose to access the App from outside the U.S., 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 App. Further, because Ford is based in the U.S., you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) that you are not listed on any U.S. Government list of prohibited or restricted parties.
If vehicles are depicted in this App, it in no way constitutes an offer to buy or sell vehicles from Ford or to provide financing or leasing. Any prices, product specifications and all other information shown on this App 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 the Manufacturer’s Base Price (“Base Price” also sometimes called “Base MSRP”), which, unless otherwise indicated, 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.
6. Depiction of Vehicles
Any vehicles shown on this App are for general illustration only. Vehicles shown are typically a sample vehicle only of the same model year. The actual vehicles offered in your market may be different. Details of a selected vehicle may vary from the vehicle shown depending on the features you choose. Vehicle availability may be limited and vehicles shown may not be available in all markets. Ford reserves the right to change any detail regarding the specification, prices, components, colors, and product availability without prior notice.
7. Third Party Information
This App may contain links to third-party websites that are not owned or controlled by Ford, including but not limited to links to websites for Ford dealers (Third Party Websites). Ford has no control over and, to the fullest extent permitted by applicable law, assumes no responsibility for, the content, privacy policies, or practices of any Third Party Websites. In addition, Ford will not and cannot censor or edit the content of any Third Party Website. By clicking on links, you expressly relieve Ford from any and all liability arising from your use of any Third Party Website, or from the content of any Third Party Website. When using a Third Party Website, you should be aware of when you leave Ford's App and read the terms and conditions and privacy policy of each Third Party Website that you visit.
8. Limited Licenses
Unless and to the extent indicated otherwise, the App (including past, present and future versions) and all content that is included in, on or that are otherwise a part of the App (the “Materials”) are owned, controlled or licensed by Ford, its subsidiaries or affiliates. The contents of the App and Materials, including the selection, coordination and arrangement of the App and Materials, are protected by worldwide copyright, trademark, patent, trade secret, or other proprietary rights, laws and treaty provisions whether or not a copyright notice or other proprietary mark is present. You agree to comply with all copyright laws worldwide in your use of this App and Materials 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, view, use, display and listen to this App and the Materials for your personal, non-commercial use only. Ford authorizes you to download the Materials and App only for your personal, non-commercial use. All rights, title and interest in the App and Materials not expressly granted to you in these Terms and Conditions are reserved by Ford and its subsidiaries and affiliates, and/or its licensors. You agree not to dispute Ford's claims of ownership or validity of its rights in the Materials on this App.
These Terms and Conditions shall extend from the date you install this App until terminated by you (when you uninstall this App) or Ford. Ford may suspend or terminate any and all of your rights and authorization at any time for any reason. If you violate any of the Terms and Conditions, your rights under this Section will immediately terminate and Ford may terminate your access to the App without notice and without any refund of fees, if applicable.
Any right or authorization granted to you by Ford is subject to the following obligations and restrictions:
- You must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials;
- You may not copy, reprint, modify, distribute, translate, port, publish, sublicense, assign, transfer, sell, lease or otherwise distribute the Materials in any way or reproduce or publicly display, perform, or otherwise use them for any public or commercial purpose;
- You may not , nor allow third parties to, commercially exploit the App, Materials nor underlying data, including without limitation, creating derivative works of the Materials, use any data mining, robots, or similar data gathering and extraction tools on the Materials, create a database, systematically download, store any or all of the Materials from the App or websites, link or frame any portion of the Materials, extract, derive or attempt to extract or derive any source code or structure of all or any portion of the Materials or the App by reverse engineering, disassembly, decompilation or any other means;
- You may not transfer the Materials to any other person unless it is for that individual’s personal, non-commercial use and you give them notice of, and they agree to accept, the obligations arising under these Terms and Conditions;
- You may not use the App or Materials with other content or in a manner that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, or contains explicit or graphic descriptions, nor may your use victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- You may not use the App or Materials with other content or in a manner that impersonates any person, business or entity, including Ford, its affiliated companies or affiliated third parties, and its and their employees and agents;
- You may not interfere, try to interfere, disrupt, or try to disrupt the Ford servers or networks, or disobey any network access or security requirements, policies, directives, procedures, or regulations of Ford;
- You may not use the App or Materials as a means to engage in conduct that reflects poorly upon, disparages or devalues Ford’s reputation or goodwill, as determined in Ford’s sole discretion; and
- You may not use the App or Materials with other content or in a manner that is in conjunction with adult content or promotes illegal activities, gambling, or the sale of tobacco or alcohol.
- If you are not the bill payer for the mobile telephone or handheld device being used to access the App, you will be assumed to have received permission from the bill payer to the App or Features.
9. Other Conditions/Restrictions
CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY APP OR WEBAPP, 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 App is intended as a resource for people interested in Ford Motor Company products, projects and initiatives. 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.
10. Trademark Notice
The Ford name, and all trademarks and logos displayed on this App 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, Fiesta, Focus), slogans (e.g., Built Ford Tough), and logos and emblems. The unauthorized use of any trademark displayed on this App is strictly prohibited.
11. Designated Agent for Copyright Notification
Ford will respond to notices of alleged copyright infringement according to the process set out in the U.S. Digital Millennium Copyright Act (“DMCA”). If you believe that any content on this App infringes your copyright rights, please contact Ford's designated agent for receiving such notifications in writing as follows:
Designated Agent:
Kara Tertzag Lividini
Suite E8029
330 Town Center Dr.
Dearborn, Michigan 48126
Email address: KTERTZAG@ford.com
Phone number: 313-323-8559
Fax: 313-323-9006
In your communication, please include:
- Your physical or electronic signature.
- Identification of the copyrighted work you claim to have been infringed, or, if there are multiple copyrighted works, a representative list of such works.
- Identification of the material that you claim to be infringing, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address.
- 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.
- A statement that the information in 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. You acknowledge that if you fail to comply with all of the requirements of the above paragraph, your DMCA notice may not be valid. Please see 17 U.S.C.§ 512 for more information regarding the DMCA and DMCA notifications.
12. Indemnity and Hold Harmless
By using this App 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 App, 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. You acknowledge and agree that your app store provider has no responsibility or obligation in the investigation, defense, settlement or discharge of a third party’s intellectual property infringement claim.
13. Disclaimer
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 APP, OTHER WEBSITES OR APPS PROVIDED BY FORD OR ITS AFFILIATES MAY HAVE DIFFERENT TERMS AND CONDITIONS THAT APPLY TO THE USE OF THOSE WEBSITES OR APPS. YOU ARE RESPONSIBLE FOR READING AND UNDERSTANDING THE TERMS AND CONDITIONS OF THOSE APPS.
This App and all the information it contains is provided for information purposes only on an "as is" and “as available” 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 App, the information, Materials, content, availability, and products. To the fullest 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. In the event this App fails to conform to any applicable warranty, you may notify your app store provider, and it may refund the purchase price for the App to you and that, to the maximum extent permitted by applicable law, it will have no other warranty obligation whatsoever with respect to the App. You acknowledge that your app store provider is and will not be responsible for addressing any claims by you or a third party relating to the App or your use or possession of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FORD'S OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SHAREHOLDERS, REPRESENTATIVES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS APP AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW FORD, ITS INFORMATION PROVIDERS AND THEIR AGENTS 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 APP, (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 APP, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR APP 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 THE APP. TO THE FULLEST EXTENT PERMITTED BY LAW FORD DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE WEB, APP, OR ANY HYPERLINKED WEBSITE OR APP, 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.
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. To the fullest extent permitted by law, any liability of Ford, its officers, Directors, employees, related entities, affiliates, shareholder, representatives or agents for breach of any such rights is limited to refunding the purchase price paid for this App.
14. Miscellaneous
These Terms and Conditions together with any additional terms to which you agree when using particular elements of this App constitute the entire agreement regarding the App and any services, and supersede all prior or contemporaneous communications, whether electronic, oral or written between you and us with respect to the App or the services provided on the App. This App is owned by Ford, which is headquartered U.S.. Unless and to the extent local law requires otherwise, these Terms and Conditions 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 which would require application of another choice of law. 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. Unless local law mandates otherwise, 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. If you have any questions, comments, or claims regarding this App you may contact us by finding your local contact information by going to this website http://corporate.ford.com/our-company/country-websites, or contacting us in the US at:
Telephone 800-392-3673 800-232-5952 (TDD for the hearing impaired) Available 8:00 am - 5:00 pm EST Monday - Friday
Mailing Address Ford Motor Company Customer Relationship Center P.O. Box 6248 Dearborn, MI 48126
15. User Generated Content
If this App allows you to submit information to Ford, ( “User Submissions”) you understand and agree that your User Submissions will not be treated in confidence by Ford except as provided herein with respect to personally identifiable information that you submit to Ford and as further described below. You are solely responsible for your User Submissions and the consequences of posting or publishing your User Submissions. As your User Submissions may be publicly displayed, many people from around the world will be able to see your postings as well as any comments you make. Ford does not share, sell, or rent personally identifiable information with third parties for their own use without providing you a choice. By submitting your email you agree that Ford and its third party service providers may use you email address to contact you about your User Submission or for other administrative purposes. Examples of User Submissions that will not be considered (Excluded Items) are:
(a) confidential information of any type;
(b) product styling or design ideas;
(c) product name, slogan or logos ideas;
(d) advertisements or marketing proposals (commercials, songs, etc.);
(e) business methods or ways of conducting our business (restructuring, acquisitions, etc.); and
(f) submissions that Ford, in its sole discretion, deems inappropriate for any reason (such as those that contain profanity, sexually explicit language, defamatory remarks, threats, etc.).
16. Ford Rights to User Submissions
By submitting a User Submission, you grant to Ford an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide license (sub-licensable through multiple tiers) to (a) use, copy, transmit, distribute, reproduce, modify, create derivative works, adapt, 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 purpose (including, without limitation, commercial purposes) that Ford deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any vehicle, technology, product, or service). Ford reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. By accepting these Terms and Conditions you declare your understanding and acceptance of Ford’s right to display advertisements in connection with User Submissions for advertising and promotional purposes. Ford may, but is not obligated to, pre-screen User Submissions or monitor any area of this App or the website through which User Submissions may be submitted. You agree that you are solely responsible for all of your User Submissions.
17. Consulting
Ford does not act in a consulting capacity. We are not obligated to provide you with an explanation for any decision regarding your User Submission. This applies to the original posting or any comments you make as well as to anything you later disclose, orally or in writing. We assume no obligation to tell you something we already knew or have discovered since your User Submission.
Part 2 – Ford Owners App Privacy Statement
1. General Statement:
Ford Motor Company (“Ford”, “us,” “it,”’ “we” or “our”) respects your privacy and is committed to protecting it. This privacy statement explains Ford’s policies and practices regarding online customer information. It is through this disclosure that Ford intends to provide you with a level of comfort and confidence in how it collects, uses, and safeguards personal and other information it collects or that you provide through this App, and how you can contact us if you have any questions or concerns. It is our sincere hope that by explaining our data handling practices that Ford will develop a trusting and long-lasting relationship with you. By using the App, you agree to the terms of this privacy statement.
2. Information About Our Organization and App and General Data Collection Practices:
This Privacy Statement applies to the Ford Owners App. The Ford Owners App is owned by Ford Motor Company, Marketing, Sales and Service Division, 16800 Executive Plaza Drive, Dearborn, MI 48126.
The Ford Owners App was developed to provide Ford vehicle owners a tool that combines resources to improve owner support, service and driving experiences.
Many features and information available to you on the Ford Owners website are now available in the App to provide you with additional information and functionality. The App provides access to vehicle and dealer information, recall information and support content.
3. Personally Identifiable Information Ford Collects From You:
When you use Ford Owners App Ford will not collect any personally identifiable information about you unless you provide it voluntarily. For purposes of this Privacy Statement, personally identifiable information is information that identifies you as an individual such as your name, street address, telephone number, and email address (and credit card number if you place an order). If you opt not to provide personally identifiable information you can still access the App, however you may be unable to create log-in credentials to access certain pages on this App, participate in certain promotions, receive product information, or activate or use a service.
Ford’s primary goal in collecting personally identifiable information from you when you use Ford Owners App is to provide you the functionality and services that you need to have a meaningful and customized experience while using the App features.
This App may use session and persistent “cookies” or similar technologies to store personally identifiable information in order to verify log in credentials. An explanation on collection methods and how they work is included in Section 7 – Methods to Collect Information below.
4. How Ford Uses the Personally Identifiable Information Collected:
Personally identifiable information collected on Ford Owners App may be used to:
- Fulfill an App user request ((e.g., create log-in credentials, brochure fulfillment, lead generation, to send marketing or promotional materials including emails)
- Fulfill and deliver an order for goods or services
- Meet a request for or to develop new products or services
- Make the user experience more customer friendly
- Generate App analytics that improve App layout, content, product offerings and services
- Compile user data that is stored in Ford’s corporate database and may be used for marketing and other purposes
- Match personal data collected here with data about you that Ford has collected through other sources
- Comply with legal requirements
Ford Owners may send push notifications to your mobile device, if you elect to receive notifications via the device’s operating system. Such notifications are intended to be read in a safe manner, such as when the vehicle is not moving. Do not read messages while driving. You agree to comply with all applicable federal, local and provincial or state laws.
a. Push Notifications Opt-in
Based on the notifications preferences that you select upon or after registering your account, Ford Owners may send Push Notifications to your registered mobile device. By enabling Push Notifications you:
- certify that you are
- the mobile phone account holder or
- have the account holder's permission to do so and,
- expressly consent to Ford Owners sending and you receiving push notifications in accordance with these Terms and Conditions, including the Ford Owners Privacy Statement.
Message and Data Rates may apply.
b. Push Notifications Opt-Out
You may opt-out of receiving Ford Owners App push notifications by turning them off in your device’s settings or by turning off notifications in the App.
5. Other (Non-Personally Identifiable) Information Collected From App Users:
Ford Owners App collects other non-personally identifiable information from App users. This means that these items are not tracked on an individual basis that identifies the App user, but rather information is gathered and collected on an aggregate [or anonymous] basis that includes all App users. Non-personally identifiable information includes tracking the App pages that are visited or the amount of time spent on the App.
This App may collect additional non-personally identifiable information which may include the type/model of the mobile device viewing the App and the mobile device’s service provider and operating system.
If your mobile device has the capability and the GPS feature on the mobile device is turned on, you can utilize certain locator functionalities on the App which may utilize GPS data to determine your location in order to fulfill your request.
The primary goal in collecting non-personally identifiable information from you is to be able to perform App metrics that allow Ford to improve the functionality of the App.
Ford may use session and persistent “cookies,” session logs, spotlight ads/web beacons/GIF/pixel tags, banner ads or links, and third-party click tracking analytics tools (such as Omniture tags) to collect aggregate or other non-personally identifiable information about App users. An explanation for each of these items and how they work is included in Section 7 - Methods to Collect Information below.
6. How Ford Uses the Aggregate or Non-Personally Identifiable Information Collected:
Non-Personally identifiable information collected on Ford Owners App may be used to:
- Compile aggregate and statistical data to help in App design and to identify popular features
- Measure App activity to allow Ford to update our App to better meet user wants and needs
- Make the user experience more customer friendly
Ford Owners App utilizes non-personally identifiable information for the purpose of performing analytics on the user’s experience while using this App. This analysis:
- Is performed on an aggregate level and does not identify you or your information personally
- May involve the use of a third-party vendor acting on behalf of Ford Owners App
- Is performed in order to improve the App and the user experience
- May include the use of session and/or persistent cookies to track user movement across this and other Ford Motor Company Apps or websites or to track other events within or across this App and other Ford Motor Company websites
7. Methods to Collect Information:
A “cookie”, “tag” or similar technologies involve the use of a small text file that helps us in many ways to make your visit to a website or use of an App more enjoyable and meaningful to you. For example, cookies avoid you having to log in every time you come back to a website or App. They also allow Ford to tailor a website or App or advertisement to better match your interests and preferences. There are a couple different types of cookies.
A “session” cookie is stored only in your computer’s working memory (RAM) and only lasts for your browsing session. When you close all your browser’s windows, or when you shut down your computer, the session cookie disappears forever.
A “persistent” cookie is stored on your computer’s hard drive until a specified date, which could be tomorrow, next week, or 10 years from now. Persistent cookies stay on your computer until either a) they expire, b) they are overwritten with newer cookies, or c) you manually remove them. Most browsers can be configured not to accept cookies, however, this may prevent you from having access to some site or App functions or features.
This App may use third-party click tracking analytics tools (such as Adobe Analytics tags) to capture clickthrough statistics. These parties may collect information about your use of the App and across different Apps and sites over time.
Ford Owners App may use spotlight ads/web beacons/GIF/pixel tags which are App instrumentation tools that help us to determine, for instance, whether a page has been viewed or not and, if so, how many times. Emails or electronic newsletters we send may use tools (e.g., pixel tags or web beacons) to gather email metrics and information to improve the reader’s experience such as how many of the emails are opened, if they were printed or forwarded, the type of device (e.g., mobile or PC) from which they were opened, and the city, state, and county associated with the applicable IP address. In general, any electronic image viewed as part of a webpage, including an ad banner, can act as a web beacon. .
This App may generate a “session log” when you utilize the app. Session logs are used to help us determine how people travel through sites or Apps. In this way, pages can be structured so that the information most frequently visited is easier to find. By tracking page visits, it can also be determined if the information provided is being used.
This App may utilize app embedded tools that help us in many ways to make your visit to this App more enjoyable and meaningful to you. For example, device identifiers that allow Ford to tailor the App to better match your preferences and avoid repeated activities.
8. Sharing Your Information:
Ford Owners App does not share, sell, or rent personally identifiable information with independent companies for their own use without providing you a choice.
Personally identifiable information that you provide to Ford in the course of using the App features or requesting a product or service through this App may be gathered and stored in one or more of Ford’s corporate databases and be used for purposes of contacting you for things like promotional offers, marketing programs, or other communications from this App or other Ford Motor Company programs and services.
Ford may share personally identifiable information that is collected about you with other companies within the Ford Motor Company family of companies or subsidiaries. Ford’s “family of companies” is the group of companies related by common control or ownership. Ford shares information within this “family” as a normal part of conducting business and offering products and services to our customers.
Personally identifiable information that you provide to Ford Owners App may be shared with Ford’s authorized dealers. This is necessary, such as, in order to honor your request for a price quote on a vehicle or in order to provide a dealer with information for purposes of contacting you in their regular course of business. The dealer is not restricted by Ford Owners App in their use of your data.
Vendors, contractors or partners of Ford Owners App who have access to your personally identifiable information in connection with providing services for Ford Owners App are required to keep the information confidential and are not permitted to use this information for any other purpose than to carry out the services they are performing for Ford Owners App.
App metrics for Ford Owners App may be shared with other Ford Motor Company websites or Apps or subsidiaries or affiliates.
Ford Owners App will disclose your personally identifiable information, without notice, if (1) in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Ford Motor Company, its affiliates or the site or App; (b) protect and defend the rights or property of Ford Motor Company, its affiliates or this site or App; or (c) act under exigent circumstances to protect the personal safety of Ford Motor Company or affiliate personnel, users of their websites or Apps, or the public; or (2) if required to do so by law.
9. Security of Your Information:
Safeguarding information of visitors to Ford’s websites or users of its Apps is important to us. Ford uses systems, policies and procedures to maintain accuracy of information and to protect information from loss, misuse or alteration.
When you send personally identifiable information, such as email address or telephone numbers, to Ford Owners App “Secure Socket Layers” or SSL is used to protect your data. SSL is encryption technology that helps safeguard your personally identifiable information against misuse by unauthorized individuals.
Vendors, contractors or partners of Ford Owners App who have access to your personally identifiable information in connection with providing services for Ford Owners App are required to keep the information confidential.
Vendors are not permitted to use this information for any other purpose than to carry out the services they are performing for Ford Owners App.
10. Processing of Personal Data:
By using this App and by providing your personally identifiable information to Ford, you understand and consent to the collection, use, processing, transfer, and disclosure of your personally identifiable and non-personally identifiable information globally --- including to the United States – in accordance with this Privacy Statement. Therefore, by using this App and by providing such information, you consent to the transfer of such information across country borders, and to the use, processing, and disclosure of such information in global locations. Your consent shall be deemed to include your consent to transfer of the personally identifiable or non-personally identifiable information to locations that may have different levels of privacy protection than in your own country.
11. Links to Other Apps:
Ford Owners App may provide links to other websites or Apps. You are encouraged to review the privacy statements of all sites or Apps that you visit or download, including those whose links are provided so that you can understand how those sites or Apps collect, use and share your information. Ford Owners App is not responsible for the privacy statements, content or data handling practices on other websites or Apps.
This App also provides dealer and vehicle locator services which are provided by a third party mapping provider. In order to provide you with the closest dealers or the location of your vehicle, the App may need to collect the IP address to determine your general location, or it may ask you to provide location information such as zip/post code or City and State. If the GPS functionality on your mobile device is turned on (if it has such capability), the App may utilize GPS data to determine your location in order to fulfill your request for the location of a dealer. When the map is utilized for the dealer locator service, the third party mapping provider may be provided a zip/post code. By using the locator services you agree to be bound by the third party mapping provider’s terms of service or use and its privacy policies.
12. Children’s Privacy:
Ford Owners App does not knowingly intend to collect personally identifiable information from children under 13 years of age.
If a child has provided personally identifiable information a parent or guardian of that child may contact Ford at the phone number or mailing address listed in section 14 if they want this information deleted from Ford’s records. Ford will then make reasonable efforts to delete the child’s information from the database that stores information for Ford Owners App.
13. Contacting Us:
If you have any questions, comments or concerns about this online privacy statement for Ford Owners App, Ford Owners App privacy practices, or have any questions regarding the contents of this App please contact us by emailing: ownerapp@ford.com.
Ford Owners App is 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. Ford Owners App will be happy to respond to your questions and comments.
14. Privacy Statement Effective Date and Revision Days:
Occasionally this privacy statement may be updated in order to reflect any changes to the App or privacy practices.
The effective date of this privacy statement is May 15, 2015.
Acknowledgements
The Ford Owners App may include the following licensed software:
© International Organization for Standardization 1986 Permission to copy in any form is granted for use with conforming SGML systems and applications as defined in ISO 8879, provided this notice is included in all copies. This has been extended for use with HTML to cover the full set of codes in the range 160-255 decimal.
This App may include software licensed under the Apache 2.0 license and developed by the following:
Copyright 1999-2014 Apache Software Foundation
Copyright © 2012-2013 Square, Inc.
Copyright © 2010-2012 The Android Open Source Project
@author Alexander Y. Kleymenov
With parts by Mark Miller, Copyright © 2011 Google Inc.
Copyright 2012 FasterXML.com
Copyright 2002-2010, The Apache Software Foundation and other contributors
Copyright 2008, The Android Open Source Project
Copyright © Microsoft Open Technologies, Inc.
Copyright 2008-2011 Google Inc.
Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at www.apache.org/licenses/LICENSE-2.0.
Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS-IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.
This App may include software licensed under the BSD-style license and developed by the following:
Copyright © 2012, Artur Adib All rights reserved.
Copyright © 2001-2005, David N. Main, All rights reserved.;
Stdint.h, Copyright © 2006-2008, Alexander Chemeris; LodePNG, Copyright © 2005-2013 Lode Vandevenne.
BSD-style License:
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
- Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
- Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
- Neither the name of the copyright holder nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
This App may include software licensed under the MIT license and developed by the following:
Copyright © 2010 Ryan McGrath
Copyright © 2012 Artur Adib
Copyright 2009–2013 Kristopher Michael Kowal. All rights reserved.
With parts by Tyler Close, Copyright 2007-2009 Tyler Close
Copyright 2009, 2010, 2011 Isaac Z. Schlueter. All rights reserved.
Copyright © 2001 – 2010, The SCons Foundation
Copyright © 1998-2003 Daniel Veillard and other contributors. All Rights Reserved.
Copyright © 1998 - 2001 Bjorn Reese
Copyright © 2000 Bjorn Reese and Daniel Veillard.
Copyright © 2000 Gary Pennington and Daniel Veillard.
MIT License:
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Copyright 2009 Matt Gallagher. All rights reserved.
Terms and Conditions
All text, images, sound files, animation files, video documents and other material in SYNC® website which belongs Ford Sales and Service (Philippine) Co., Ltd. ("Ford") belong are protected by copyright and all other intellectual property rights. Without the written permission of Ford, no one can use this data for commercial purposes or individual communication.
SYNC® Device End User License Agreement (EULA)
Appendices
END USER LICENCE AGREEMENT
SYNC® End User License Agreement (EULA)
- You have acquired a device ("DEVICE") that includes software licensed by FORD MOTOR COMPANY from an affiliate of Microsoft Corporation ("MS") . Those installed software products of MS origin, as well as associated media, printed materials, and "online" or electronic documentation ("MS SOFTWARE") are protected by international intellectual property laws and treaties. The MS SOFTWARE is licensed, not sold. All rights reserved.
- The MS SOFTWARE may interface with and/or communicate with, or may be later upgraded to interface with and/or communicate with additional software and/or systems provided by FORD MOTOR COMPANY. The additional software and systems of FORD MOTOR COMPANY origin, as well as associated media, printed materials, and "online" or electronic documentation ("FORD SOFTWARE") are protected by international intellectual property laws and treaties. The FORD SOFTWARE is licensed, not sold. All rights reserved.
- The MS SOFTWARE and/or FORD SOFTWARE may interface with and/or communicate with, or may be later upgraded to interface with and/or communicate with additional software and/or systems provided by third party software and service suppliers. The additional software and services of third party origin, as well as associated media, printed materials, and "online" or electronic documentation ("THIRD PARTY SOFTWARE") are protected by international intellectual property laws and treaties. The THIRD PARTY SOFTWARE is licensed, not sold. All rights reserved.
- The MS SOFTWARE, FORD SOFTWARE and THIRD PARTY SOFTWARE hereinafter collectively and individually will be referred to as "SOFTWARE".
IF YOU DO NOT AGREE TO THIS END USER LICENSE AGREEMENT ("EULA") DO NOT USE THE DEVICE OR COPY THE SOFTWARE. ANY USE OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO USE ON THE DEVICE, WILL CONSTITUTE YOUR AGREEMENT TO THIS EULA (OR RATIFICATION OF ANY PREVIOUS CONSENT).
GRANT OF SOFTWARE LICENSE: This EULA grants you the following license:
- You may use the SOFTWARE as installed on the DEVICE and as otherwise interfacing with systems and/or services provide by or through FORD MOTOR COMPANY or its third party software and service providers.
Description of Other Rights and Limitations
- Speech Recognition: If the SOFTWARE includes speech recognition component(s), you should understand that speech recognition is an inherently statistical process and that recognition errors are inherent in the process. Neither FORD MOTOR COMPANY nor its suppliers shall be liable for any damages arising out of errors in the speech recognition process.
- Limitations on Reverse Engineering, Decompilation and Disassembly: You may not reverse engineer, decompile, or disassemble nor permit others to reverse engineer, decompile or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
- Limitations on Distributing, Copying, Modifying and Creating Derivative Works: You may not distribute, copy, make modifications to or create derivative works based on the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
- Single EULA: The end user documentation for the DEVICE and related systems and services may contain multiple EULAs, such as multiple translations and/or multiple media versions (e.g., in the user documentation and in the software). Even if you receive multiple EULAs, you are licensed to use only one (1) copy of the SOFTWARE.
- SOFTWARE Transfer: You may permanently transfer your rights under this EULA only as part of a sale or transfer of the DEVICE, provided you retain no copies, you transfer all of the SOFTWARE (including all component parts, the media and printed materials, any upgrades, and, if applicable, the Certificate(s) of Authenticity), and the recipient agrees to the terms of this EULA. If the SOFTWARE is an upgrade, any transfer must include all prior versions of the SOFTWARE.
- Termination: Without prejudice to any other rights, FORD MOTOR COMPANY or MS may terminate this EULA if you fail to comply with the terms and conditions of this EULA.
- Security Updates/Digital Rights Management: Content owners use the WMDRM technology included in your DEVICE to protect their intellectual property, included copyrighted content. Portions of the SOFTWARE on your DEVICE use WMDRM software to access WMDRM-protected content. If the WMDRM software fails to protect the content, content owners may ask Microsoft to revoke the SOFTWARE's ability to use WMDRM to play or copy protected content. This action does not affect unprotected content. When your DEVICE downloads licenses for protected content, you agree that Microsoft may include a revocation list with the licenses. Content owners may require you to upgrade the SOFTWARE on your DEVICE to access their content. If you decline an upgrade, you will not be able to access content that requires the upgrade.
- Consent to Use of Data: You agree that MS, Microsoft Corporation, FORD MOTOR COMPANY, third party software and systems suppliers, their affiliates and/or their designated agent may collect and use technical information gathered in any manner as part of product support services related to the SOFTWARE or related services. MS, Microsoft Corporation, FORD MOTOR COMPANY, third party software and services suppliers, their affiliates and/or their designated agent may use this information solely to improve their products or to provide customized services or technologies to you. MS, Microsoft Corporation, FORD MOTOR COMPANY, third party software and systems suppliers, their affiliates and/or their designated agent may disclose this information to others, but not in a form that personally identifies you.
- Internet-Based Services Components: The SOFTWARE may contain components that enable and facilitate the use of certain Internet-based services. You acknowledge and agree that MS, Microsoft Corporation, FORD MOTOR COMPANY, third party software and service suppliers, their affiliates and/or their designated agent may automatically check the version of the SOFTWARE and/or its components that you are utilizing and may provide upgrades or supplements to the SOFTWARE that may be automatically downloaded to your DEVICE.
- Additional Software/Services: The SOFTWARE may permit FORD MOTOR COMPANY, third party software and service suppliers, MS, Microsoft Corporation, their affiliates and/or their designated agent to provide or make available to you SOFTWARE updates,supplements, add-on components, or Internet-based services components of the SOFTWARE after the date you obtain your initial copy of the SOFTWARE ("Supplemental Components"). If FORD MOTOR COMPANY or third party software and services suppliers provide or make available to you Supplemental Components and no other EULA terms are provided along with the Supplemental Components, then the terms of this EULA shall apply. If MS, Microsoft Corporation, their affiliates and/or their designated agent make available Supplemental Components, and no other EULA terms are provided, then the terms of this EULA shall apply, except that the MS, Microsoft Corporation or affiliate entity providing the Supplemental Component(s) shall be the licensor of the Supplemental Component(s). FORD MOTOR COMPANY, MS, Microsoft Corporation, their affiliates and/or their designated agent reserve the right to discontinue without liability any Internet-based services provided to you or made available to you through the use of the SOFTWARE.
- Links to Third Party Sites: The MS SOFTWARE may provide you with the ability to link to third party sites through the use of the SOFTWARE. The third party sites are not under the control of MS, Microsoft Corporation, their affiliates and/or their designated agent. Neither MS nor Microsoft Corporation nor their affiliates nor their designated agent are responsible for (i) the contents of any third party sites, any links contained in third party sites, or any changes or updates to third party sites, or (ii) webcasting or any other form of transmission received from any third party sites. If the SOFTWARE provides links to third party sites, those links are provided to you only as a convenience, and the inclusion of any link does not imply an endorsement of the third party site by MS, Microsoft Corporation, their affiliates and/or their designated agent.
- Obligation to Drive Responsibly: You recognize your obligation to drive responsibly and keep attention on the road. You will read and abide with the DEVICE operating instructions particularly as they pertain to safety and assumes any risk associated with the use of the DEVICE. UPGRADES AND RECOVERY MEDIA: If the SOFTWARE is provided by FORD MOTOR COMPANY separate from the DEVICE on media such as a ROM chip, CD ROM disk(s) or via web download or other means, and is labeled "For Upgrade Purposes Only" or "For Recovery Purposes Only" you may install one (1) copy of such SOFTWARE onto the DEVICE as a replacement copy for the existing SOFTWARE, and use it in accordance with this EULA, including any additional EULA terms accompanying the upgrade SOFTWARE. INTELLECTUAL PROPERTY RIGHTS: All title and intellectual property rights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text and "applets" incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, are owned by MS, Microsoft Corporation, FORD MOTOR COMPANY, or their affiliates or suppliers. The SOFTWARE is licensed, not sold. You may not copy the printed materials accompanying the SOFTWARE. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not specifically granted under this EULA are reserved by MS, Microsoft Corporation, FORD MOTOR COMPANY, third party software and service providers, their affiliates and suppliers. Use of any on-line services which may be accessed through the SOFTWARE may be governed by the respective terms of use relating to such services. If this SOFTWARE contains documentation that is provided only in electronic form, you may print one copy of such electronic documentation. EXPORT RESTRICTIONS: You acknowledge that the SOFTWARE is subject to U.S. and European Union export jurisdiction. You agree to comply with all applicable international and national laws that apply to the SOFTWARE, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments. For additional information, see www.microsoft.com/exporting.
TRADEMARKS: This EULA does not grant you any rights in connection with any trademarks or service marks of FORD MOTOR COMPANY, MS, Microsoft Corporation, third party software or service providers, their affiliates or suppliers. PRODUCT SUPPORT: Product support for the SOFTWARE is not provided by MS, its parent corporation Microsoft Corporation, or their affiliates or subsidiaries. For product support, please refer to FORD MOTOR COMPANY instructions provided in the documentation for the DEVICE. Should you have any questions concerning this EULA, or if you desire to contact FORD MOTOR COMPANY for any other reason, please refer to the address provided in the documentation for the DEVICE.
No Liability for Certain Damages: EXCEPT AS PROHIBITED BY LAW, FORD MOTOR COMPANY, ANY THIRD PARTY SOFTWARE OR SERVICES SUPPLIERS, MS, MICROSOFT CORPORATION AND THEIR AFFILIATES SHALL HAVE NO LIABILITY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SOFTWARE. THIS LIMITATION SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL MS, MICROSOFT CORPORATION AND/OR THEIR AFFILIATES BE LIABLE FOR ANY AMOUNT IN EXCESS OF U.S. TWO HUNDRED FIFTY DOLLARS (U.S. $250.00).
- THERE ARE NO WARRANTIES OTHER THAN THOSE THAT MAY EXPRESSLY BE PROVIDED FOR YOUR NEW VEHICLE.
End User Notice
Microsoft® Windows® Mobile for Automotive Important Safety Information This system Ford SYNC™ contains software that is licensed to Manufacturer FORD MOTOR COMPANY by an affiliate of Microsoft Corporation pursuant to a license agreement. Any removal, reproduction, reverse engineering or other unauthorized use of the software from this system in violation of the license agreement is strictly prohibited and may subject you to legal action.
Read and follow instructions: Before using your Windows Automotive- based system, read and follow all instructions and safety information provided in this end user manual ("User's Guide"). Not following precautions found in this User's Guide can lead to an accident or other serious consequences.
Keep User's Guide in vehicle: When kept in the vehicle, the User's Guide will be a ready reference for you and other users unfamiliar with the Windows Automotive-based system. Please make certain that before using the system for the first time, all persons have access to the User's Guide and read its instructions and safety information carefully.
WARNING
Operating certain parts of this system while driving can distract your attention away from the road, and possibly cause an accident or other serious consequences. Do not change system settings or enter data non-verbally (using your hands) while driving. Stop the vehicle in a safe and legal manner before attempting these operations. This is important since while setting up or changing some functions you might be required to distract your attention away from the road and remove your hands from the wheel.
General Operation
Voice Command Control: Functions within the Windows Automotive-based system may be accomplished using only voice commands. Using voice commands while driving allows you to operate the system without removing your hands from the wheel. Prolonged Views of Screen: Do not access any function requiring a prolonged view of the screen while you are driving. Pull over in a safe and legal manner before attempting to access a function of the system requiring prolonged attention. Even occasional short scans to the screen may be hazardous if your attention has been diverted away from your driving task at a critical time.
Volume Setting: Do not raise the volume excessively. Keep the volume at a level where you can still hear outside traffic and emergency signals while driving. Driving while unable to hear these sounds could cause an accident.
Use of Speech Recognition Functions: Speech recognition software is inherently a statistical process which is subject to errors. It is your responsibility to monitor any speech recognition functions included in the system and address any errors.
Ford Thailand Legal
Part 1 – General Terms and Conditions
1. General Information
This Application (“App”) is owned by Ford Motor Company, 1 American Road, Dearborn, Michigan 48126 United States of America (hereinafter "Ford") and the content on the App is owned by Ford or its affiliated companies and by affiliates and third parties that post on the App through a license from Ford, but for whom Ford assumes no direct responsibility. Please read these Terms and Conditions, as they, together with any additional terms to which you agree when using particular elements of the App, constitute the entire agreement regarding the App and set forth the legally binding terms governing your visit to this App. These Terms and Conditions apply to all persons who use this App, regardless of your level of participation. Use of this App by Ford employees, including contract, agency and supplemental, is completely voluntary and will have no impact on your employment. Time spent using the App outside of work hours is not compensable. If you have questions, please talk with your supervisor before downloading or registering for this App.
Use of this App requires your acceptance of the legal terms under which it is offered, including Part 1- General Terms and Conditions, Part 2 – Ford Owners App Privacy Statement (“Privacy Statement”) and Part 3 - Country Unique Terms and Conditions (if any). Together, Part 1, Part 2 and Part 3 constitute the “Terms and Conditions.” The General Terms and Conditions set forth in Part 1 and the Privacy Statement set forth in Part 2 apply to the App unless specifically modified by the Country Unique Terms and Conditions in Part 3. To the extent the General Terms or Privacy Statement conflict with the Country Unique Terms, the Country Unique Terms shall apply in the applicable Country. By using this App you agree that you have read, understand and accept the Terms and Conditions and you affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. You acknowledge these Terms and Conditions are a binding and enforceable agreement between you and Ford. You acknowledge your app store provider is not a party to this agreement but agree that it and its subsidiaries are third party beneficiaries of this agreement’s Terms and Conditions, giving your app store provider and its subsidiaries the right (and will be deemed to accept the right) to enforce these Terms and Conditions against you as the end-user of the App. By using this App, you also agree that you will not use this App for any purpose that is unlawful or in contravention of these Terms and Conditions.
Ford and its affiliates reserve the right to change these Terms and Conditions from time to time without notifying you. If you object to any such changes, your sole recourse shall be to cease using this App. Continued use of this App following the effective date of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the Terms and Conditions of such changes. Ford may cease all or part of the App at any time without notice and is not obligated to retain or return any post or comment. If you do not agree to any of these Terms and Conditions please do not use the App.
2. Fees
You are responsible for any fees incurred in connection with your use of this App. Your mobile phone carrier may charge you access or data fees for your use of their services in connection with data transmission. Contact your data carrier for more information regarding data rates and fees.
3. System Requirements/Updates/Changes/Cancellation
Use of this App requires a compatible mobile telephone or handheld device which is compatible with the App, internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the App involves hardware, software, and internet access, your ability to use the App may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. This App is not part of any other product or offering, and no purchase or rental (as applicable) or obtaining of any other product shall be construed to represent or guarantee your access to the App.
The version of the App software may be upgraded from time to time to add support for new functions and services, improve, enhance and further develop the App and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. If you have permitted automatic updates, you agree to receive such updates as part of your use of this App. You acknowledge that your app store provider has no obligation whatsoever to furnish any maintenance or support services to you respecting this App.
To the fullest extent permitted by applicable law, Ford reserves the right, in its sole discretion, to change, improve, correct, modify, suspend, discontinue or permanently cancel the operation of this App or portions thereof at any time without any notice to you, without incurring any obligations. Your use of this App after any changes are posted will be considered acceptance of such changes. The App may not be available during maintenance breaks and other times.
4. User Control and Uninstall
Uninstallation methods vary depending on your device. To uninstall this App, please use the application manager provided with your device or consult your device manual for reference.
5. United States App and Pricing
This App is owned by Ford Motor Company, 1 America Road, Dearborn Michigan, 48126, United States of America (“U.S”). You agree that all notices, legal documents,proceedings, etc. will be in the English language. Materials and information provided on or through the App, including but not limited to prices, features, products or services, may not be appropriate for or available outside the U.S. If you choose to access the App from outside the U.S., 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 App. Further, because Ford is based in the U.S., you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) that you are not listed on any U.S. Government list of prohibited or restricted parties.
If vehicles are depicted in this App, it in no way constitutes an offer to buy or sell vehicles from Ford or to provide financing or leasing. Any prices, product specifications and all other information shown on this App 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 the Manufacturer’s Base Price (“Base Price” also sometimes called “Base MSRP”), which, unless otherwise indicated, 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.
6. Depiction of Vehicles
Any vehicles shown on this App are for general illustration only. Vehicles shown are typically a sample vehicle only of the same model year. The actual vehicles offered in your market may be different. Details of a selected vehicle may vary from the vehicle shown depending on the features you choose. Vehicle availability may be limited and vehicles shown may not be available in all markets. Ford reserves the right to change any detail regarding the specification, prices, components, colors, and product availability without prior notice.
7. Third Party Information
This App may contain links to third-party websites that are not owned or controlled by Ford, including but not limited to links to websites for Ford dealers (Third Party Websites). Ford has no control over and, to the fullest extent permitted by applicable law, assumes no responsibility for, the content, privacy policies, or practices of any Third Party Websites. In addition, Ford will not and cannot censor or edit the content of any Third Party Website. By clicking on links, you expressly relieve Ford from any and all liability arising from your use of any Third Party Website, or from the content of any Third Party Website. When using a Third Party Website, you should be aware of when you leave Ford's App and read the terms and conditions and privacy policy of each Third Party Website that you visit.
8. Limited Licenses
Unless and to the extent indicated otherwise, the App (including past, present and future versions) and all content that is included in, on or that are otherwise a part of the App (the “Materials”) are owned, controlled or licensed by Ford, its subsidiaries or affiliates. The contents of the App and Materials, including the selection, coordination and arrangement of the App and Materials, are protected by worldwide copyright, trademark, patent, trade secret, or other proprietary rights, laws and treaty provisions whether or not a copyright notice or other proprietary mark is present. You agree to comply with all copyright laws worldwide in your use of this App and Materials 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, view, use, display and listen to this App and the Materials for your personal, non-commercial use only. Ford authorizes you to download the Materials and App only for your personal, non-commercial use. All rights, title and interest in the App and Materials not expressly granted to you in these Terms and Conditions are reserved by Ford and its subsidiaries and affiliates, and/or its licensors. You agree not to dispute Ford's claims of ownership or validity of its rights in the Materials on this App.
These Terms and Conditions shall extend from the date you install this App until terminated by you (when you uninstall this App) or Ford. Ford may suspend or terminate any and all of your rights and authorization at any time for any reason. If you violate any of the Terms and Conditions, your rights under this Section will immediately terminate and Ford may terminate your access to the App without notice and without any refund of fees, if applicable.
Any right or authorization granted to you by Ford is subject to the following obligations and restrictions:
- You must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials;
- You may not copy, reprint, modify, distribute, translate, port, publish, sublicense, assign, transfer, sell, lease or otherwise distribute the Materials in any way or reproduce or publicly display, perform, or otherwise use them for any public or commercial purpose;
- You may not , nor allow third parties to, commercially exploit the App, Materials nor underlying data, including without limitation, creating derivative works of the Materials, use any data mining, robots, or similar data gathering and extraction tools on the Materials, create a database, systematically download, store any or all of the Materials from the App or websites, link or frame any portion of the Materials, extract, derive or attempt to extract or derive any source code or structure of all or any portion of the Materials or the App by reverse engineering, disassembly, decompilation or any other means;
- You may not transfer the Materials to any other person unless it is for that individual’s personal, non-commercial use and you give them notice of, and they agree to accept, the obligations arising under these Terms and Conditions;
- You may not use the App or Materials with other content or in a manner that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, or contains explicit or graphic descriptions, nor may your use victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- You may not use the App or Materials with other content or in a manner that impersonates any person, business or entity, including Ford, its affiliated companies or affiliated third parties, and its and their employees and agents;
- You may not interfere, try to interfere, disrupt, or try to disrupt the Ford servers or networks, or disobey any network access or security requirements, policies, directives, procedures, or regulations of Ford;
- You may not use the App or Materials as a means to engage in conduct that reflects poorly upon, disparages or devalues Ford’s reputation or goodwill, as determined in Ford’s sole discretion; and
- You may not use the App or Materials with other content or in a manner that is in conjunction with adult content or promotes illegal activities, gambling, or the sale of tobacco or alcohol.
- If you are not the bill payer for the mobile telephone or handheld device being used to access the App, you will be assumed to have received permission from the bill payer to the App or Features.
9. Other Conditions/Restrictions
CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY APP OR WEBAPP, 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 App is intended as a resource for people interested in Ford Motor Company products, projects and initiatives. 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.
10. Trademark Notice
The Ford name, and all trademarks and logos displayed on this App 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, Fiesta, Focus), slogans (e.g., Built Ford Tough), and logos and emblems. The unauthorized use of any trademark displayed on this App is strictly prohibited.
11. Designated Agent for Copyright Notification
Ford will respond to notices of alleged copyright infringement according to the process set out in the U.S. Digital Millennium Copyright Act (“DMCA”). If you believe that any content on this App infringes your copyright rights, please contact Ford's designated agent for receiving such notifications in writing as follows:
Designated Agent:
Kara Tertzag Lividini
Suite E8029
330 Town Center Dr.
Dearborn, Michigan 48126
Email address: KTERTZAG@Ford.com
Phone number: 313-323-8559
Fax: 313-323-9006
In your communication, please include:
- Your physical or electronic signature.
- Identification of the copyrighted work you claim to have been infringed, or, if there are multiple copyrighted works, a representative list of such works.
- Identification of the material that you claim to be infringing, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address.
- 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.
- A statement that the information in 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. You acknowledge that if you fail to comply with all of the requirements of the above paragraph, your DMCA notice may not be valid. Please see 17 U.S.C.§ 512 for more information regarding the DMCA and DMCA notifications.
12. Indemnity and Hold Harmless
By using this App 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 App, 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. You acknowledge and agree that your app store provider has no responsibility or obligation in the investigation, defense, settlement or discharge of a third party’s intellectual property infringement claim.
13. Disclaimer
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 APP, OTHER WEBSITES OR APPS PROVIDED BY FORD OR ITS AFFILIATES MAY HAVE DIFFERENT TERMS AND CONDITIONS THAT APPLY TO THE USE OF THOSE WEBSITES OR APPS. YOU ARE RESPONSIBLE FOR READING AND UNDERSTANDING THE TERMS AND CONDITIONS OF THOSE APPS.
This App and all the information it contains is provided for information purposes only on an "as is" and “as available” 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 App, the information, Materials, content, availability, and products. To the fullest 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. In the event this App fails to conform to any applicable warranty, you may notify your app store provider, and it may refund the purchase price for the App to you and that, to the maximum extent permitted by applicable law, it will have no other warranty obligation whatsoever with respect to the App. You acknowledge that your app store provider is and will not be responsible for addressing any claims by you or a third party relating to the App or your use or possession of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FORD'S OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SHAREHOLDERS, REPRESENTATIVES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS APP AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW FORD, ITS INFORMATION PROVIDERS AND THEIR AGENTS 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 APP, (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 APP, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR APP 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 THE APP. TO THE FULLEST EXTENT PERMITTED BY LAW FORD DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE WEB, APP, OR ANY HYPERLINKED WEBSITE OR APP, 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.
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. To the fullest extent permitted by law, any liability of Ford, its officers, Directors, employees, related entities, affiliates, shareholder, representatives or agents for breach of any such rights is limited to refunding the purchase price paid for this App.
14. Miscellaneous
These Terms and Conditions together with any additional terms to which you agree when using particular elements of this App constitute the entire agreement regarding the App and any services, and supersede all prior or contemporaneous communications, whether electronic, oral or written between you and us with respect to the App or the services provided on the App. This App is owned by Ford, which is headquartered U.S.. Unless and to the extent local law requires otherwise, these Terms and Conditions 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 which would require application of another choice of law. 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. Unless local law mandates otherwise, 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. If you have any questions, comments, or claims regarding this App you may contact us by finding your local contact information by going to this website http://corporate.ford.com/our-company/country-websites, or contacting us in the US at:
Telephone 800-392-3673 800-232-5952 (TDD for the hearing impaired) Available 8:00 am - 5:00 pm EST Monday - Friday
Mailing Address Ford Motor Company Customer Relationship Center P.O. Box 6248 Dearborn, MI 48126
15. User Generated Content
If this App allows you to submit information to Ford, ( “User Submissions”) you understand and agree that your User Submissions will not be treated in confidence by Ford except as provided herein with respect to personally identifiable information that you submit to Ford and as further described below. You are solely responsible for your User Submissions and the consequences of posting or publishing your User Submissions. As your User Submissions may be publicly displayed, many people from around the world will be able to see your postings as well as any comments you make. Ford does not share, sell, or rent personally identifiable information with third parties for their own use without providing you a choice. By submitting your email you agree that Ford and its third party service providers may use you email address to contact you about your User Submission or for other administrative purposes. Examples of User Submissions that will not be considered (Excluded Items) are:
(a) confidential information of any type;
(b) product styling or design ideas;
(c) product name, slogan or logos ideas;
(d) advertisements or marketing proposals (commercials, songs, etc.);
(e) business methods or ways of conducting our business (restructuring, acquisitions, etc.); and
(f) submissions that Ford, in its sole discretion, deems inappropriate for any reason (such as those that contain profanity, sexually explicit language, defamatory remarks, threats, etc.).
16. Ford Rights to User Submissions
By submitting a User Submission, you grant to Ford an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide license (sub-licensable through multiple tiers) to (a) use, copy, transmit, distribute, reproduce, modify, create derivative works, adapt, 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 purpose (including, without limitation, commercial purposes) that Ford deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any vehicle, technology, product, or service). Ford reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. By accepting these Terms and Conditions you declare your understanding and acceptance of Ford’s right to display advertisements in connection with User Submissions for advertising and promotional purposes. Ford may, but is not obligated to, pre-screen User Submissions or monitor any area of this App or the website through which User Submissions may be submitted. You agree that you are solely responsible for all of your User Submissions.
17. Consulting
Ford does not act in a consulting capacity. We are not obligated to provide you with an explanation for any decision regarding your User Submission. This applies to the original posting or any comments you make as well as to anything you later disclose, orally or in writing. We assume no obligation to tell you something we already knew or have discovered since your User Submission.
Part 2 – Ford Owners App Privacy Statement
1. General Statement:
Ford Motor Company (“Ford”, “us,” “it,”’ “we” or “our”) respects your privacy and is committed to protecting it. This privacy statement explains Ford’s policies and practices regarding online customer information. It is through this disclosure that Ford intends to provide you with a level of comfort and confidence in how it collects, uses, and safeguards personal and other information it collects or that you provide through this App, and how you can contact us if you have any questions or concerns. It is our sincere hope that by explaining our data handling practices that Ford will develop a trusting and long-lasting relationship with you. By using the App, you agree to the terms of this privacy statement.
2. Information About Our Organization and App and General Data Collection Practices:
This Privacy Statement applies to the Ford Owners App. The Ford Owners App is owned by Ford Motor Company, Marketing, Sales and Service Division, 16800 Executive Plaza Drive, Dearborn, MI 48126.
The Ford Owners App was developed to provide Ford vehicle owners a tool that combines resources to improve owner support, service and driving experiences.
Many features and information available to you on the Ford Owners website are now available in the App to provide you with additional information and functionality. The App provides access to vehicle and dealer information, recall information and support content.
3. Personally Identifiable Information Ford Collects From You:
When you use Ford Owners App Ford will not collect any personally identifiable information about you unless you provide it voluntarily. For purposes of this Privacy Statement, personally identifiable information is information that identifies you as an individual such as your name, street address, telephone number, and email address (and credit card number if you place an order). If you opt not to provide personally identifiable information you can still access the App, however you may be unable to create log-in credentials to access certain pages on this App, participate in certain promotions, receive product information, or activate or use a service.
Ford’s primary goal in collecting personally identifiable information from you when you use Ford Owners App is to provide you the functionality and services that you need to have a meaningful and customized experience while using the App features.
This App may use session and persistent “cookies” or similar technologies to store personally identifiable information in order to verify log in credentials. An explanation on collection methods and how they work is included in Section 7 – Methods to Collect Information below.
4. How Ford Uses the Personally Identifiable Information Collected:
Personally identifiable information collected on Ford Owners App may be used to:
- Fulfill an App user request ((e.g., create log-in credentials, brochure fulfillment, lead generation, to send marketing or promotional materials including emails)
- Fulfill and deliver an order for goods or services
- Meet a request for or to develop new products or services
- Make the user experience more customer friendly
- Generate App analytics that improve App layout, content, product offerings and services
- Compile user data that is stored in Ford’s corporate database and may be used for marketing and other purposes
- Match personal data collected here with data about you that Ford has collected through other sources
- Comply with legal requirements
Ford Owners may send push notifications to your mobile device, if you elect to receive notifications via the device’s operating system. Such notifications are intended to be read in a safe manner, such as when the vehicle is not moving. Do not read messages while driving. You agree to comply with all applicable federal, local and provincial or state laws.
a. Push Notifications Opt-in
Based on the notifications preferences that you select upon or after registering your account, Ford Owners may send Push Notifications to your registered mobile device. By enabling Push Notifications you:
- certify that you are
- the mobile phone account holder or
- have the account holder's permission to do so and,
- expressly consent to Ford Owners sending and you receiving push notifications in accordance with these Terms and Conditions, including the Ford Owners Privacy Statement.
Message and Data Rates may apply.
b. Push Notifications Opt-Out
You may opt-out of receiving Ford Owners App push notifications by turning them off in your device’s settings or by turning off notifications in the App.
5. Other (Non-Personally Identifiable) Information Collected From App Users:
Ford Owners App collects other non-personally identifiable information from App users. This means that these items are not tracked on an individual basis that identifies the App user, but rather information is gathered and collected on an aggregate [or anonymous] basis that includes all App users. Non-personally identifiable information includes tracking the App pages that are visited or the amount of time spent on the App.
This App may collect additional non-personally identifiable information which may include the type/model of the mobile device viewing the App and the mobile device’s service provider and operating system.
If your mobile device has the capability and the GPS feature on the mobile device is turned on, you can utilize certain locator functionalities on the App which may utilize GPS data to determine your location in order to fulfill your request.
The primary goal in collecting non-personally identifiable information from you is to be able to perform App metrics that allow Ford to improve the functionality of the App.
Ford may use session and persistent “cookies,” session logs, spotlight ads/web beacons/GIF/pixel tags, banner ads or links, and third-party click tracking analytics tools (such as Omniture tags) to collect aggregate or other non-personally identifiable information about App users. An explanation for each of these items and how they work is included in Section 7 - Methods to Collect Information below.
6. How Ford Uses the Aggregate or Non-Personally Identifiable Information Collected:
Non-Personally identifiable information collected on Ford Owners App may be used to:
- Compile aggregate and statistical data to help in App design and to identify popular features
- Measure App activity to allow Ford to update our App to better meet user wants and needs
- Make the user experience more customer friendly
Ford Owners App utilizes non-personally identifiable information for the purpose of performing analytics on the user’s experience while using this App. This analysis:
- Is performed on an aggregate level and does not identify you or your information personally
- May involve the use of a third-party vendor acting on behalf of Ford Owners App
- Is performed in order to improve the App and the user experience
- May include the use of session and/or persistent cookies to track user movement across this and other Ford Motor Company Apps or websites or to track other events within or across this App and other Ford Motor Company websites
7. Methods to Collect Information:
A “cookie”, “tag” or similar technologies involve the use of a small text file that helps us in many ways to make your visit to a website or use of an App more enjoyable and meaningful to you. For example, cookies avoid you having to log in every time you come back to a website or App. They also allow Ford to tailor a website or App or advertisement to better match your interests and preferences. There are a couple different types of cookies.
A “session” cookie is stored only in your computer’s working memory (RAM) and only lasts for your browsing session. When you close all your browser’s windows, or when you shut down your computer, the session cookie disappears forever.
A “persistent” cookie is stored on your computer’s hard drive until a specified date, which could be tomorrow, next week, or 10 years from now. Persistent cookies stay on your computer until either a) they expire, b) they are overwritten with newer cookies, or c) you manually remove them. Most browsers can be configured not to accept cookies, however, this may prevent you from having access to some site or App functions or features.
This App may use third-party click tracking analytics tools (such as Adobe Analytics tags) to capture clickthrough statistics. These parties may collect information about your use of the App and across different Apps and sites over time.
Ford Owners App may use spotlight ads/web beacons/GIF/pixel tags which are App instrumentation tools that help us to determine, for instance, whether a page has been viewed or not and, if so, how many times. Emails or electronic newsletters we send may use tools (e.g., pixel tags or web beacons) to gather email metrics and information to improve the reader’s experience such as how many of the emails are opened, if they were printed or forwarded, the type of device (e.g., mobile or PC) from which they were opened, and the city, state, and county associated with the applicable IP address. In general, any electronic image viewed as part of a webpage, including an ad banner, can act as a web beacon. .
This App may generate a “session log” when you utilize the app. Session logs are used to help us determine how people travel through sites or Apps. In this way, pages can be structured so that the information most frequently visited is easier to find. By tracking page visits, it can also be determined if the information provided is being used.
This App may utilize app embedded tools that help us in many ways to make your visit to this App more enjoyable and meaningful to you. For example, device identifiers that allow Ford to tailor the App to better match your preferences and avoid repeated activities.
8. Sharing Your Information:
Ford Owners App does not share, sell, or rent personally identifiable information with independent companies for their own use without providing you a choice.
Personally identifiable information that you provide to Ford in the course of using the App features or requesting a product or service through this App may be gathered and stored in one or more of Ford’s corporate databases and be used for purposes of contacting you for things like promotional offers, marketing programs, or other communications from this App or other Ford Motor Company programs and services.
Ford may share personally identifiable information that is collected about you with other companies within the Ford Motor Company family of companies or subsidiaries. Ford’s “family of companies” is the group of companies related by common control or ownership. Ford shares information within this “family” as a normal part of conducting business and offering products and services to our customers.
Personally identifiable information that you provide to Ford Owners App may be shared with Ford’s authorized dealers. This is necessary, such as, in order to honor your request for a price quote on a vehicle or in order to provide a dealer with information for purposes of contacting you in their regular course of business. The dealer is not restricted by Ford Owners App in their use of your data.
Vendors, contractors or partners of Ford Owners App who have access to your personally identifiable information in connection with providing services for Ford Owners App are required to keep the information confidential and are not permitted to use this information for any other purpose than to carry out the services they are performing for Ford Owners App.
App metrics for Ford Owners App may be shared with other Ford Motor Company websites or Apps or subsidiaries or affiliates.
Ford Owners App will disclose your personally identifiable information, without notice, if (1) in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Ford Motor Company, its affiliates or the site or App; (b) protect and defend the rights or property of Ford Motor Company, its affiliates or this site or App; or (c) act under exigent circumstances to protect the personal safety of Ford Motor Company or affiliate personnel, users of their websites or Apps, or the public; or (2) if required to do so by law.
9. Security of Your Information:
Safeguarding information of visitors to Ford’s websites or users of its Apps is important to us. Ford uses systems, policies and procedures to maintain accuracy of information and to protect information from loss, misuse or alteration.
When you send personally identifiable information, such as email address or telephone numbers, to Ford Owners App “Secure Socket Layers” or SSL is used to protect your data. SSL is encryption technology that helps safeguard your personally identifiable information against misuse by unauthorized individuals.
Vendors, contractors or partners of Ford Owners App who have access to your personally identifiable information in connection with providing services for Ford Owners App are required to keep the information confidential.
Vendors are not permitted to use this information for any other purpose than to carry out the services they are performing for Ford Owners App.
10. Processing of Personal Data:
By using this App and by providing your personally identifiable information to Ford, you understand and consent to the collection, use, processing, transfer, and disclosure of your personally identifiable and non-personally identifiable information globally --- including to the United States – in accordance with this Privacy Statement. Therefore, by using this App and by providing such information, you consent to the transfer of such information across country borders, and to the use, processing, and disclosure of such information in global locations. Your consent shall be deemed to include your consent to transfer of the personally identifiable or non-personally identifiable information to locations that may have different levels of privacy protection than in your own country.
11. Links to Other Apps:
Ford Owners App may provide links to other websites or Apps. You are encouraged to review the privacy statements of all sites or Apps that you visit or download, including those whose links are provided so that you can understand how those sites or Apps collect, use and share your information. Ford Owners App is not responsible for the privacy statements, content or data handling practices on other websites or Apps.
This App also provides dealer and vehicle locator services which are provided by a third party mapping provider. In order to provide you with the closest dealers or the location of your vehicle, the App may need to collect the IP address to determine your general location, or it may ask you to provide location information such as zip/post code or City and State. If the GPS functionality on your mobile device is turned on (if it has such capability), the App may utilize GPS data to determine your location in order to fulfill your request for the location of a dealer. When the map is utilized for the dealer locator service, the third party mapping provider may be provided a zip/post code. By using the locator services you agree to be bound by the third party mapping provider’s terms of service or use and its privacy policies.
12. Children’s Privacy:
Ford Owners App does not knowingly intend to collect personally identifiable information from children under 13 years of age.
If a child has provided personally identifiable information a parent or guardian of that child may contact Ford at the phone number or mailing address listed in section 14 if they want this information deleted from Ford’s records. Ford will then make reasonable efforts to delete the child’s information from the database that stores information for Ford Owners App.
13. Contacting Us:
If you have any questions, comments or concerns about this online privacy statement for Ford Owners App, Ford Owners App privacy practices, or have any questions regarding the contents of this App please contact us by emailing: ownerapp@ford.com.
Ford Owners App is 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. Ford Owners App will be happy to respond to your questions and comments.
14. Privacy Statement Effective Date and Revision Days:
Occasionally this privacy statement may be updated in order to reflect any changes to the App or privacy practices.
The effective date of this privacy statement is May 15, 2015.
Acknowledgements
The Ford Owners App may include the following licensed software:
(C) International Organization for Standardization 1986 Permission to copy in any form is granted for use with conforming SGML systems and applications as defined in ISO 8879, provided this notice is included in all copies. This has been extended for use with HTML to cover the full set of codes in the range 160-255 decimal.
This App may include software licensed under the Apache 2.0 license and developed by the following:
Copyright 1999-2014 Apache Software Foundation
Copyright (C) 2012-2013 Square, Inc.
Copyright (C) 2010-2012 The Android Open Source Project
@author Alexander Y. Kleymenov
With parts by Mark Miller, Copyright (C) 2011 Google Inc.
Copyright 2012 FasterXML.com
Copyright 2002-2010, The Apache Software Foundation and other contributors
Copyright 2008, The Android Open Source Project
Copyright (c) Microsoft Open Technologies, Inc.
Copyright 2008-2011 Google Inc.
Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at www.apache.org/licenses/LICENSE-2.0.
Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS-IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.
This App may include software licensed under the BSD-style license and developed by the following:
Copyright (c) 2012, Artur Adib All rights reserved.
Copyright (c) 2001-2005, David N. Main, All rights reserved.;
Stdint.h, Copyright (c) 2006-2008, Alexander Chemeris; LodePNG, Copyright (c) 2005-2013 Lode Vandevenne.
BSD-style License:
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
- Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
- Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
- Neither the name of the copyright holder nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
This App may include software licensed under the MIT license and developed by the following:
Copyright (c) 2010 Ryan McGrath
Copyright (c) 2012 Artur Adib
Copyright 2009–2013 Kristopher Michael Kowal. All rights reserved.
With parts by Tyler Close, Copyright 2007-2009 Tyler Close
Copyright 2009, 2010, 2011 Isaac Z. Schlueter. All rights reserved.
Copyright (c) 2001 – 2010, The SCons Foundation
Copyright (C) 1998-2003 Daniel Veillard and other contributors. All Rights Reserved.
Copyright (C) 1998 - 2001 Bjorn Reese breese@users.sourceforge.net
Copyright (C) 2000 Bjorn Reese and Daniel Veillard.
Copyright (C) 2000 Gary Pennington and Daniel Veillard.
MIT License:
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Copyright 2009 Matt Gallagher. All rights reserved.
Terms and Conditions
All text, images, sound files, animation files, video documents and other material in SYNC® website which belongs Ford Sales and Service (Philippine) Co., Ltd. ("Ford") belong are protected by copyright and all other intellectual property rights. Without the written permission of Ford, no one can use this data for commercial purposes or individual communication.
SYNC®Device End User License Agreement (EULA)
Appendices
END USER LICENCE AGREEMENT
SYNC® End User License Agreement (EULA)
- You have acquired a device ("DEVICE") that includes software licensed by FORD MOTOR COMPANY from an affiliate of Microsoft Corporation ("MS") . Those installed software products of MS origin, as well as associated media, printed materials, and "online" or electronic documentation ("MS SOFTWARE") are protected by international intellectual property laws and treaties. The MS SOFTWARE is licensed, not sold. All rights reserved.
- The MS SOFTWARE may interface with and/or communicate with, or may be later upgraded to interface with and/or communicate with additional software and/or systems provided by FORD MOTOR COMPANY. The additional software and systems of FORD MOTOR COMPANY origin, as well as associated media, printed materials, and "online" or electronic documentation ("FORD SOFTWARE") are protected by international intellectual property laws and treaties. The FORD SOFTWARE is licensed, not sold. All rights reserved.
- The MS SOFTWARE and/or FORD SOFTWARE may interface with and/or communicate with, or may be later upgraded to interface with and/or communicate with additional software and/or systems provided by third party software and service suppliers. The additional software and services of third party origin, as well as associated media, printed materials, and "online" or electronic documentation ("THIRD PARTY SOFTWARE") are protected by international intellectual property laws and treaties. The THIRD PARTY SOFTWARE is licensed, not sold. All rights reserved.
- The MS SOFTWARE, FORD SOFTWARE and THIRD PARTY SOFTWARE hereinafter collectively and individually will be referred to as "SOFTWARE".
IF YOU DO NOT AGREE TO THIS END USER LICENSE AGREEMENT ("EULA") DO NOT USE THE DEVICE OR COPY THE SOFTWARE. ANY USE OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO USE ON THE DEVICE, WILL CONSTITUTE YOUR AGREEMENT TO THIS EULA (OR RATIFICATION OF ANY PREVIOUS CONSENT).
GRANT OF SOFTWARE LICENSE: This EULA grants you the following license:
- You may use the SOFTWARE as installed on the DEVICE and as otherwise interfacing with systems and/or services provide by or through FORD MOTOR COMPANY or its third party software and service providers.
Description of Other Rights and Limitations
- Speech Recognition: If the SOFTWARE includes speech recognition component(s), you should understand that speech recognition is an inherently statistical process and that recognition errors are inherent in the process. Neither FORD MOTOR COMPANY nor its suppliers shall be liable for any damages arising out of errors in the speech recognition process.
- Limitations on Reverse Engineering, Decompilation and Disassembly: You may not reverse engineer, decompile, or disassemble nor permit others to reverse engineer, decompile or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
- Limitations on Distributing, Copying, Modifying and Creating Derivative Works: You may not distribute, copy, make modifications to or create derivative works based on the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
- Single EULA: The end user documentation for the DEVICE and related systems and services may contain multiple EULAs, such as multiple translations and/or multiple media versions (e.g., in the user documentation and in the software). Even if you receive multiple EULAs, you are licensed to use only one (1) copy of the SOFTWARE.
- SOFTWARE Transfer: You may permanently transfer your rights under this EULA only as part of a sale or transfer of the DEVICE, provided you retain no copies, you transfer all of the SOFTWARE (including all component parts, the media and printed materials, any upgrades, and, if applicable, the Certificate(s) of Authenticity), and the recipient agrees to the terms of this EULA. If the SOFTWARE is an upgrade, any transfer must include all prior versions of the SOFTWARE.
- Termination: Without prejudice to any other rights, FORD MOTOR COMPANY or MS may terminate this EULA if you fail to comply with the terms and conditions of this EULA.
- Security Updates/Digital Rights Management: Content owners use the WMDRM technology included in your DEVICE to protect their intellectual property, included copyrighted content. Portions of the SOFTWARE on your DEVICE use WMDRM software to access WMDRM-protected content. If the WMDRM software fails to protect the content, content owners may ask Microsoft to revoke the SOFTWARE's ability to use WMDRM to play or copy protected content. This action does not affect unprotected content. When your DEVICE downloads licenses for protected content, you agree that Microsoft may include a revocation list with the licenses. Content owners may require you to upgrade the SOFTWARE on your DEVICE to access their content. If you decline an upgrade, you will not be able to access content that requires the upgrade.
- Consent to Use of Data: You agree that MS, Microsoft Corporation, FORD MOTOR COMPANY, third party software and systems suppliers, their affiliates and/or their designated agent may collect and use technical information gathered in any manner as part of product support services related to the SOFTWARE or related services. MS, Microsoft Corporation, FORD MOTOR COMPANY, third party software and services suppliers, their affiliates and/or their designated agent may use this information solely to improve their products or to provide customized services or technologies to you. MS, Microsoft Corporation, FORD MOTOR COMPANY, third party software and systems suppliers, their affiliates and/or their designated agent may disclose this information to others, but not in a form that personally identifies you.
- Internet-Based Services Components: The SOFTWARE may contain components that enable and facilitate the use of certain Internet-based services. You acknowledge and agree that MS, Microsoft Corporation, FORD MOTOR COMPANY, third party software and service suppliers, their affiliates and/or their designated agent may automatically check the version of the SOFTWARE and/or its components that you are utilizing and may provide upgrades or supplements to the SOFTWARE that may be automatically downloaded to your DEVICE.
- Additional Software/Services: The SOFTWARE may permit FORD MOTOR COMPANY, third party software and service suppliers, MS, Microsoft Corporation, their affiliates and/or their designated agent to provide or make available to you SOFTWARE updates,supplements, add-on components, or Internet-based services components of the SOFTWARE after the date you obtain your initial copy of the SOFTWARE ("Supplemental Components"). If FORD MOTOR COMPANY or third party software and services suppliers provide or make available to you Supplemental Components and no other EULA terms are provided along with the Supplemental Components, then the terms of this EULA shall apply. If MS, Microsoft Corporation, their affiliates and/or their designated agent make available Supplemental Components, and no other EULA terms are provided, then the terms of this EULA shall apply, except that the MS, Microsoft Corporation or affiliate entity providing the Supplemental Component(s) shall be the licensor of the Supplemental Component(s). FORD MOTOR COMPANY, MS, Microsoft Corporation, their affiliates and/or their designated agent reserve the right to discontinue without liability any Internet-based services provided to you or made available to you through the use of the SOFTWARE.
- Links to Third Party Sites: The MS SOFTWARE may provide you with the ability to link to third party sites through the use of the SOFTWARE. The third party sites are not under the control of MS, Microsoft Corporation, their affiliates and/or their designated agent. Neither MS nor Microsoft Corporation nor their affiliates nor their designated agent are responsible for (i) the contents of any third party sites, any links contained in third party sites, or any changes or updates to third party sites, or (ii) webcasting or any other form of transmission received from any third party sites. If the SOFTWARE provides links to third party sites, those links are provided to you only as a convenience, and the inclusion of any link does not imply an endorsement of the third party site by MS, Microsoft Corporation, their affiliates and/or their designated agent.
- Obligation to Drive Responsibly: You recognize your obligation to drive responsibly and keep attention on the road. You will read and abide with the DEVICE operating instructions particularly as they pertain to safety and assumes any risk associated with the use of the DEVICE. UPGRADES AND RECOVERY MEDIA: If the SOFTWARE is provided by FORD MOTOR COMPANY separate from the DEVICE on media such as a ROM chip, CD ROM disk(s) or via web download or other means, and is labeled "For Upgrade Purposes Only" or "For Recovery Purposes Only" you may install one (1) copy of such SOFTWARE onto the DEVICE as a replacement copy for the existing SOFTWARE, and use it in accordance with this EULA, including any additional EULA terms accompanying the upgrade SOFTWARE. INTELLECTUAL PROPERTY RIGHTS: All title and intellectual property rights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text and "applets" incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, are owned by MS, Microsoft Corporation, FORD MOTOR COMPANY, or their affiliates or suppliers. The SOFTWARE is licensed, not sold. You may not copy the printed materials accompanying the SOFTWARE. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not specifically granted under this EULA are reserved by MS, Microsoft Corporation, FORD MOTOR COMPANY, third party software and service providers, their affiliates and suppliers. Use of any on-line services which may be accessed through the SOFTWARE may be governed by the respective terms of use relating to such services. If this SOFTWARE contains documentation that is provided only in electronic form, you may print one copy of such electronic documentation. EXPORT RESTRICTIONS: You acknowledge that the SOFTWARE is subject to U.S. and European Union export jurisdiction. You agree to comply with all applicable international and national laws that apply to the SOFTWARE, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments. For additional information, see www.microsoft.com/exporting.
TRADEMARKS: This EULA does not grant you any rights in connection with any trademarks or service marks of FORD MOTOR COMPANY, MS, Microsoft Corporation, third party software or service providers, their affiliates or suppliers. PRODUCT SUPPORT: Product support for the SOFTWARE is not provided by MS, its parent corporation Microsoft Corporation, or their affiliates or subsidiaries. For product support, please refer to FORD MOTOR COMPANY instructions provided in the documentation for the DEVICE. Should you have any questions concerning this EULA, or if you desire to contact FORD MOTOR COMPANY for any other reason, please refer to the address provided in the documentation for the DEVICE.
No Liability for Certain Damages: EXCEPT AS PROHIBITED BY LAW, FORD MOTOR COMPANY, ANY THRID PARTY SOFTWARE OR SERVICES SUPPLIERS, MS, MICROSOFT CORPORATION AND THEIR AFFILIATES SHALL HAVE NO LIABILITY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SOFTWARE. THIS LIMITATION SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL MS, MICROSOFT CORPORATION AND/OR THEIR AFFILIATES BE LIABLE FOR ANY AMOUNT IN EXCESS OF U.S. TWO HUNDRED FIFTY DOLLARS (U.S. $250.00).
- THERE ARE NO WARRANTIES OTHER THAN THOSE THAT MAY EXPRESSLY BE PROVIDED FOR YOUR NEW VEHICLE.
End User Notice
Microsoft® Windows® Mobile for Automotive Important Safety Information This system Ford SYNC™ contains software that is licensed to Manufacturer FORD MOTOR COMPANY by an affiliate of Microsoft Corporation pursuant to a license agreement. Any removal, reproduction, reverse engineering or other unauthorized use of the software from this system in violation of the license agreement is strictly prohibited and may subject you to legal action.
Read and follow instructions: Before using your Windows Automotive- based system, read and follow all instructions and safety information provided in this end user manual ("User's Guide"). Not following precautions found in this User's Guide can lead to an accident or other serious consequences.
Keep User's Guide in vehicle: When kept in the vehicle, the User's Guide will be a ready reference for you and other users unfamiliar with the Windows Automotive-based system. Please make certain that before using the system for the first time, all persons have access to the User's Guide and read its instructions and safety information carefully.
WARNING
Operating certain parts of this system while driving can distract your attention away from the road, and possibly cause an accident or other serious consequences. Do not change system settings or enter data non-verbally (using your hands) while driving. Stop the vehicle in a safe and legal manner before attempting these operations. This is important since while setting up or changing some functions you might be required to distract your attention away from the road and remove your hands from the wheel.
General Operation
Voice Command Control: Functions within the Windows Automotive-based system may be accomplished using only voice commands. Using voice commands while driving allows you to operate the system without removing your hands from the wheel. Prolonged Views of Screen: Do not access any function requiring a prolonged view of the screen while you are driving. Pull over in a safe and legal manner before attempting to access a function of the system requiring prolonged attention. Even occasional short scans to the screen may be hazardous if your attention has been diverted away from your driving task at a critical time.
Volume Setting: Do not raise the volume excessively. Keep the volume at a level where you can still hear outside traffic and emergency signals while driving. Driving while unable to hear these sounds could cause an accident.
Use of Speech Recognition Functions: Speech recognition software is inherently a statistical process which is subject to errors. It is your responsibility to monitor any speech recognition functions included in the system and address any errors.