Before completing your registration, you must agree to both the Ford GoBike Bicycle Rental Agreement and the FordPass Terms. Please review each document below.

Ford GoBike Bicycle Rental Agreement (the “Rental Agreement”)

  1. Subscription
  2. Directions and Additional Terms of Use
  3. Miscellaneous

In consideration of Your use of any of the Ford GoBike Services (defined below), You ("Subscriber", "You", or "Your") agree to all terms and conditions in this Rental Agreement. In order to rent a Ford GoBike bicycle, You must also agree to the terms of the Liability Waiver, Release, Indemnification, and Voluntary Assumption of the Risk ("Release"). The Ford GoBike "Services" are operated and provided by Bay Area Motivate, LLC ("Motivate") and are composed of several elements, including (1) Ford GoBike bicycle stations and associated street treatments such as wheel stops, kiosks, flexible delineators and pavement markings ("Stations"), (2) automated Ford GoBike pay stations ("Pay Stations"), (3) separate stands that allow the docking of Ford GoBike bicycles ("Bike Docks"), (4) Ford GoBike bicycles, (5) Ford GoBike mobile application ("Mobile Application") and Ford GoBike website, fordgobike.com ("Website") (the Mobile Application and the Website, collectively, the "Platform"), and (6) all related equipment, personnel, and information.

I. Subscription

Section 1 Subscription Fees.

Long-Term Subscriptions. You may subscribe to a one-year membership ("Annual Membership"), a 30-day trial membership if and as offered from time to time ("Trial Membership"), or as described below a short-term subscription. When You subscribe, You agree to be charged the membership fee plus any usage fees as described in Section 2 that You incur. The Annual and Trial Membership fee amounts are listed on the Platform and are subject to applicable sales taxes and other local government charges, which may be charged and collected by Motivate. Your subscription becomes valid and active upon purchase.

All Annual Memberships will be enrolled in the Auto-Renew feature by default unless You opt out of the Auto-Renew feature by logging into Account Settings or calling 1-855-480-BIKE (2453). Any other Annual Membership subscriber who wishes to be enrolled in Auto-Renew may do so by logging into Account Settings or calling 1-855-480-BIKE (2453).

At the end of Your 30-Day Trial Membership period, You may apply Your 30-Day Trial Membership Fee toward an Annual Membership expiring one year after the activation of the 30-Day Trial Membership. You will then have an Annual Membership subject to the terms of this Rental Agreement (including auto-renewal) for the remaining balance of the one-year term.

Short-Term Subscriptions. When You purchase access to the Service at a Pay Station, Motivate may place a security deposit hold on Your credit or debit card of $101. The short-term subscription fee amounts are listed on the Platform and on the Pay Station and are subject to applicable sales taxes and other local government charges, which may be charged and collected by Motivate. The costs for a short-term subscription and any additional overtime fees will be charged at the end of the subscription period. The amount of the security deposit could remain on Your credit or debit card account for an amount of time to be determined by Your bank's policies regarding holds. You may purchase up to four short-term subscriptions (providing access to four subscribers) on each credit or debit card. Motivate may place additional $101 security deposit holds on Your credit or debit card for each additional short-term subscription and You will be charged all applicable fees for the use of the Bicycles with the short-term subscriptions purchased with your credit or debit card. Your subscription becomes valid and active upon purchase.

Section 2 Usage Fees.

Your Ride Time will be calculated beginning when You unlock and remove a Ford GoBike bicycle from a Bike Dock. If You return the Ford GoBike bicycle to a Bike Dock within 30 minutes, no usage fee will be charged. If You do not return the Ford GoBike bicycle to a Bike Dock within 30 minutes, You will be charged the applicable usage fees on the Platform or displayed at the Pay Stations, which are subject to applicable sales taxes and other local government charges. After returning a Ford GoBike bicycle to a Bike Dock, You may rent another Ford GoBike bicycle, but only after a waiting period of up to 2 minutes.

If You have subscribed to an Annual Membership, on the 2nd day of each month, (a) the total of all of Your overage fees will be applied to Your member account ("Account") and charged against Your credit or debit card (with the Visa or MasterCard, or other participating payment network logo) and (b) a statement describing such charges will be emailed to You. For 30-Day Trial Memberships, such fees will be charged at the end of 30 days, or upon return of the bicycle, whichever is later. At any time, You may access a statement of Your trip history for Your Annual or Trial Membership, and associated charges, by logging into Your Account profile page on the Platform. If You have any dispute regarding a chargeable trip, then You must, within 10 business days from the end of the prior month with the disputed charge, provide to Motivate all trip information that is necessary to identify the disputed charge, such as the date of the trip and the approximate starting and ending times. Your trip receipt, if any, indicating the date and time Your Ford GoBike bicycle was returned would be additional proof that the Ford GoBike bicycle had been properly returned.

Section 3 Lost or Damaged Bicycles; Key; Clipper Card; Additional Fees.

The Ride Time data generated by the Services’ computer is conclusive evidence of the period of Your use of a Ford GoBike bicycle. Your use of a Ford GoBike bicycle is limited to a period of 24 consecutive hours. Any use that exceeds a period of 24 consecutive hours is deemed a disappearance of the Ford GoBike bicycle, until the Ford GoBike bicycle is found or returned to a Bike Dock. If the Ford GoBike bicycle is not returned to a Bike Dock within a period of 24 consecutive hours, then the Ford GoBike bicycle is deemed lost or stolen, Your credit or debit card will be charged a fee of up to $1,200, and a police report may be filed with local authorities. You must return the Ford GoBike bicycle in the same condition in which You rented it. If You return the Ford GoBike bicycle to a Station damaged or in a state of disrepair, then You will be charged a fee that is equal to the cost of repair. Such fees may be charged as soon as 24 hours after the Ford GoBike bicycle is not returned or is returned in a damaged state. Motivate will attempt to contact You via telephone and email before charging Your credit or debit card, by using the contact information You provided when subscribing to the Services. Motivate will waive any charges for unreturned or damaged bicycles if You are not at fault for such missing or damaged bicycle. For any disappearance of a Ford GoBike bicycle that was released on Your Account, You must report the disappearance to the local police department and to Motivate within 24 hours following the disappearance.

If Your system key is lost or damaged, a replacement may be obtained by calling 1-(855) 480-BIKE (1-855-480-2453) or by emailing customerservice@fordgobike.com and reporting the loss or damage. A replacement fee of $10 for the lost or damaged Services key will be charged, and a replacement system key will be mailed to Your mailing address of record. All fees are subject to applicable sales taxes and other local government charges.

If You use Your Clipper Card to access the Services, You are solely responsible for any and all charges to Your Account made through Your Clipper Card, even if Your Clipper Card is lost or stolen. You must regularly monitor Your Account to ensure that all charges are Your own. If You notice any charges that are not Your own, You must notify Motivate immediately.

Section 4 Credit and Debit Card Matters.

You must input a valid credit or debit card number and expiration date before You will be registered to use the Services, and you must maintain a valid credit or debit card throughout the duration of Your Annual Membership. Participating card networks are shown on kiosks and the Platform. You represent and warrant to Motivate that You are authorized to use the credit or debit card. You authorize Motivate to charge Your credit or debit card for all fees incurred by You, subject to applicable sales taxes and other local government charges. If You dispute any charge on Your credit or debit card account, then You must contact Motivate within 10 days of Your receipt of Your statement containing the disputed charge. You agree to immediately inform Motivate of all changes relating to Your credit or debit card and update Your member profile on the Platform. If the credit or debit card connected to Your Annual Membership becomes invalid at any time and You do not replace it on Your member profile with a valid credit or debit card, Motivate may suspend Your Annual Membership.

Motivate uses www.authorize.net ("Processor") as Motivates's transaction payment processor. The transmission of data to Processor and the approval of a credit or debit card should take less than 10 seconds; however, a credit card might not allow for an overcharge/overdraft, which means that Your transaction request could be denied. All denials of a transaction by Your bank, all holds, and all other similar issues are Your sole responsibility. Motivate takes reasonable steps to ensure that all data transmitted by Motivate is done safely and privately; however, despite those steps, We cannot guarantee the complete security of all credit or debit card and other data transmitted by Motivate or Processor. Please review the DISCLAIMERS and LIMITED LIABILITY sections set forth in the Platform Terms of Use at fordgobike.com/terms, which are applicable to Your use of the Platform and the Service, including the transmission of credit card and other data.

Section 5 Prohibited Acts.

II. Directions and Additional Terms of Use.

Section 6 Bicycle Safety Inspection.

Before each use of a Ford GoBike bicycle, You must conduct a safety inspection of the Ford GoBike bicycle, which you acknowledge you are competent to do, and which includes inspecting for all of the following: (i) proper tire pressure; (ii) trueness of the wheels; (iii) safe operation of all brakes and lights; (iv) proper attachment of the seat, pedals, and basket; (v) alignment of the fender and the metal rods that hold the fender in place; (vi) good condition of the frame; and (vii) no sign of damage, unusual or excessive wear, or other mechanical problem or maintenance need. You may not ride the Ford GoBike bicycle if You notice any mechanical or other problem or safety issue; and, in such case, You must promptly notify Motivate of all problems and issues and use a different Ford GoBike bicycle. You agree to press the “Faulty Bike” button within 1 minute after docking any Ford GoBike bicycle that You notice has any mechanical or other problem or safety issue.

Section 7 Returning Bicycle.

To return a Ford GoBike bicycle, You must secure it into an available Bike Dock. When the Ford GoBike bicycle is correctly docked, a sound signal will be emitted, and the signal light will turn yellow and then green, to confirm that the Ford GoBike bicycle has been properly secured to the Bike Dock. If the Ford GoBike bicycle is not properly secured to the Bike Dock, then the signal light will turn red, and a longer signal sound will be emitted. If the signal light turns red, then You must repeat the operation until the signal light turns green and the Ford GoBike bicycle is properly secured in the Bike Dock. If after several attempts the signal light does not turn green, then You must return the Ford GoBike bicycle to another available Bike Dock. If there is no available Bike Dock at the Station, then You must push the “Station Full” icon on the Pay Station screen to obtain an additional 15-minute credit in which to return the Ford GoBike bicycle to another Station. No fee is charged for the additional 15-minute credit. Any Ford GoBike bicycle that is not properly secured remains Your sole responsibility, and the usage fees described in Section 2 will be charged until the Ford GoBike bicycle is properly secured.

Section 8 Obtaining Receipt.

You may print a receipt to confirm that the Ford GoBike bicycle has been properly returned to the Bike Dock, by pushing the "Print Receipts" icon on the Pay Station screen. The date and time of return are indicated on the receipt, and the receipt may be used to dispute a chargeable trip.

Section 9 Helmets; Safety.

Motivate strongly recommends that all users of the Services wear a Snell, CPSC, ANSI, or ASTM approved helmet that has been properly sized, fitted, and fastened, according to the manufacturer’s instructions. Wearing a Snell, CPSC, ANSI, or ASTM approved helmet, properly sized, fitted, and fastened, while cycling may protect against an injury or may lessen the severity of an injury caused by an impact to the head; however, bicycle helmets are not 100% effective, do not protect against all head injuries, and do not protect against other injuries. MOTIVATE AND THE OTHER RELEASED PERSONS DO NOT REPRESENT OR WARRANT THE QUALITY OR SAFETY CHARACTERISTICS OF ANY HELMET, AND YOU AGREES THAT MOTIVATE AND THE OTHER RELEASED PERSONS ARE NOT LIABLE FOR ANY INJURY SUFFERED BY MEMBER WHILE USING ANY OF THE SERVICES, WHETHER OR NOT YOU ARE WEARING A HELMET AT THE TIME OF INJURY. YOU ASSUME ALL RISK OF NOT WEARING A HELMET OR OTHER PROTECTIVE CLOTHING AND GEAR. You agree that, when using any of the Services, You might need to take additional safety measures and precautions that are not specifically addressed in this Rental Agreement.

"Released Persons" or “RELEASED PERSONS” means, collectively, (i) Motivate and all of its owners, managers, affiliates, employees, agents, representatives, successors, and assigns, (ii) the Metropolitan Transportation Commission and its commissioners, officers, agencies, departments, agents, and employees, (iii) the Bay Area Air Quality Management District and its commissioners, officers, agencies, departments, agents, and employees, (iv) Ford Motor Company and all of its owner, officers, directors, affiliates, employees, agents, representatives, successors, and assigns, (v) the City of San Francisco and its commissioners, officers, agencies, departments, agents, and employees, (vi) the City of Berkeley and its commissioners, officers, agencies, departments, agents, and employees, (vii) the City of Oakland and its commissioners, officers, agencies, departments, agents, and employees, (viii) the City of Emeryville and its commissioners, officers, agencies, departments, agents, and employees, (ix) the City of San Jose and its commissioners, officers, agencies, departments, agents, and employees, (x) the City of Palo Alto and its officers, officials, departments, agencies, agents, and employees, (xi) the City of Redwood City and its officers, officials, departments, agencies, agents, and employees, (xii) the City of Mountain View and its officers, officials, departments, agencies, agents, and employees, (xiii) every sponsor of any of the Services, including Ford Motor Company, and all of their affiliates, dealers, and any of their respective owners, officers, directors, employees, agents, representatives, successors, and assigns, and (xiv) every holder of property on which is located a Station and all of the property holder’s owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns.

Section 10 Additional Terms of Use.

  1. You represent, warrant, and agree that You are a safe and competent bicycle operator, You are sufficiently fit and physically capable to safely ride a bicycle without any risk to Your health, You are knowledgeable about the operation of a bicycle, and You are knowledgeable about the laws pertaining to bicycles operated within the Counties of San Francisco, San Mateo, and Santa Clara. LIKE ANY PHYSICAL ACTIVITY, RIDING A FORD GOBIKE BICYCLE MAY CAUSE MINOR OR MAJOR INJURIES OR DISCOMFORT AND MAY WORSEN OR COMPLICATE UNDERLYING MEDICAL CONDITIONS OR DISEASES. BY CHOOSING TO RIDE A FORD GOBIKE BICYCLE, YOU ASSUME ALL RESPONSIBILITIES AND RISKS FOR ALL SUCH INJURIES OR OTHER MEDICAL CONDITIONS.
  2. You represent, warrant, and agree that Motivate is not responsible for providing or maintaining bicycle lanes or any other place where You may ride Ford GoBike bicycles, and that Motivate and the other Released Persons do not guarantee that there will always be a safe place to ride a Ford GoBike bicycle. Roads, bicycle lanes, and bicycle routes may become dangerous due to weather, traffic, or other hazards. You must not use a Ford GoBike bicycle for racing, riding off road, or any other use, besides safe operation on public or private roads or property and designated bicycle routes.
  3. You represent, warrant, and agree that Motivate and the other Released Persons are not common carriers. Alternative means of public and private transportation are available to the general public and to You, including public buses and rail services, taxis, and pedestrian paths. Motivate provides Ford GoBike bicycles only as a convenience and recreational activity, not as a public service, and such rental availability is intended to be used only by those persons who are able and qualified to operate a Ford GoBike bicycle on their own and who have agreed to all terms and conditions of this Rental Agreement.
  4. You agree that access to the Services is denied to any person less than 18 years of age.
  5. You must report to the police and to Ford GoBike Customer Services at 1-855-480-BIKE (2453) as soon as possible, but in no event later than 24 hours, after the occurrence of (i) any crash, damage, loss, or personal injury while using a Ford GoBike bicycle, (ii) any vandalism of any of the Services, (iii) any stolen or lost Ford GoBike bicycle, and (iv) any stolen or lost system key.
  6. You are fully and completely responsible for all charges, damages, and injuries that arise from or relate to any use of Your system key before (i) a deactivation of the key by Motivate upon the expiration of membership, or (ii) a report to the Ford GoBike Customer Services at 1-855-480-BIKE (2453) that the system key is lost or stolen.

Section 11 Limitations on Availability of Services.

Motivate makes every effort to provide the Services for 365 days per year; however, Motivate does not guarantee that the Services will be available at all times, as force majeure events or other circumstances might prevent Motivate from providing the Services from time to time. Access to the Services also is conditioned on the availability of Ford GoBike bicycles and available Bike Docks at each Station. Motivate does not represent or warrant the availability of any Services or the availability of any Ford GoBike bicycles or Bike Docks at any Station. No sponsor of Ford GoBike has any responsibility for providing any Services. You may use the Platform to check the inventory of Ford GoBike bicycles and Bike Docks available at a Station. You agree that Motivate may require You to return a Ford GoBike bicycle at any time.

III. Miscellaneous.

Section 12 Term and Termination.

The term of this Rental Agreement begins when You first access the Services, and ends 10 years after Your last use of the Services; provided, however, that Your personal financial responsibility under Section 4 of this Rental Agreement, titled Credit and Debit Card Matters, expires one year after the later of (i) Your last use of the Services, or (ii) the expiration of Your membership. At any time and from time to time, and without Your consent, Motivate may unilaterally terminate Your right to use any of the Services, in Motivate’s sole discretion and without any notice or cause.

You may terminate Your use of the Services at any time; provided, however, that (i) no refund will be provided by Motivate, (ii) the term of this Rental Agreement continues in accordance with this Section, and (iii) You may still be charged any applicable additional fees arising under this Rental Agreement. This Rental Agreement remains in full force and effect, in accordance with its terms and conditions, after any termination of Your right to use any of the Services, regardless of how the Rental Agreement is terminated.

If you’ve opted out of auto renewal feature, then starting thirty (30) days before and no later than one (1) year after the expiration of Your membership term, You may renew the membership on the Platform, under the “Member Login” heading. If the membership is not renewed within this period of time, then You may be required to (i) take certain actions to reactivate Your old account, or (ii) create an entirely new account for a new membership. The membership, and the personal identification number and system key related thereto, are non-transferable and may be terminated if You breach this Rental Agreement, as decided by Motivate in its sole discretion.

Section 13 Notices.

You may contact Motivate by writing, calling or emailing Motivate at the address listed below:

Motivate International Inc.
220 36th Street Suite 3A 
Brooklyn, NY 11232 
Customer Service: 1-(855)-480-BIKE (1-855-480-2453)
customerservice@fordgobike.com

Section 14 Mandatory Arbitration; Class Action Waiver.

This Rental Agreement is governed by, and must be construed and enforced in accordance with, the laws of the State of California, excluding principles of conflicts of laws.

You agree that any dispute or Claim relating in any way to Your use of the Services will be resolved by binding arbitration, rather than in court, except that You may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Rental Agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Rental Agreement as a court would.

To begin an arbitration proceeding, You must send a letter requesting arbitration and describing Your claim to Motivate International Inc. at 5202 Third Avenue, Brooklyn, NY 11220. The arbitration will be conducted by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. Payment of all filing, administration and arbitrator fees will be governed by JAMS's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. The arbitration shall take place in San Francisco, California or at such other venue (and pursuant to such procedures) as is mutually agreed upon.

YOU AND MOTIVATE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If for any reason a Claim proceeds in court rather than in arbitration You and Motivate each agree that such proceeding shall take place solely by means of judicial reference pursuant to California Code of Civil Procedure section 638. We also both agree that You or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of Your decision to opt out to legal@motivateco.com with the subject line, "FORD GOBIKE ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." The notice must be sent within thirty (30) days of Your first use of the Services, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If You opt out of these arbitration provisions, Motivate also will not be bound by them.

This Arbitration and Class Action Waiver section shall survive any termination of your Account or the Platform.

In the event that the arbitration provisions above are found not to apply to You or to a particular claim or dispute, either as a result of Your decision to opt out of the arbitration provisions or as a result of a decision by the arbitrator or a court order, You agree that the venue for any such Claim or dispute is exclusively that of a state or federal court located in San Francisco County, California. You and Motivate agree to submit to the personal jurisdiction of the courts located within San Francisco County, California for the purpose of litigating all such claims or disputes.

Further, if Motivate prevails in litigation against You to enforce its rights under this Rental Agreement, Motivate shall be entitled to its costs, expenses, and reasonable attorneys’ fees (whether incurred at or in preparation for trial, appeal, or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which Motivate may be entitled.

Section 15 Waivers.

No waiver of any breach of any provision of this Rental Agreement is a waiver of any other breach or of any other provision of this Rental Agreement. The terms of this Rental Agreement may be waived or amended only in writing and only by the party that is entitled to the benefits of the term being waived or amended.

Section 16 Privacy Policy.

Motivate collects and uses information pursuant to the Ford GoBike Privacy Policy. As described further in the Privacy Policy, Motivate and Ford share data to enable the integration between the Services and FordPass, and to enable Motivate and Ford to provide and improve their respective services. By using Ford GoBike, You agree to be bound by the Ford GoBike Privacy Policy and all future amendments, modifications, and changes thereto.

Section 17 Cumulative Remedies.

All rights and remedies granted under or referred to in this Rental Agreement are cumulative and nonexclusive, and resort to one does not preclude the availability or applicability of another or to any other right, remedy or defense provided by law.

Section 18 Final Agreement; Modification by Motivate.

This Rental Agreement and the Release contains the complete, final, and exclusive integrated agreement between the parties with respect to its subject matter. This Rental Agreement and the Release supersede all other prior agreements, written or oral, relating to such subject matter, including the Bay Area Bike Share Bicycle User Agreement, Liability Waiver, and Release. At any time and from time to time, and without Your consent, Motivate may unilaterally amend, modify, or change this Rental Agreement, in its sole discretion and without any notice or cause, and by continuing to use any Services after any amendment, modification, or change, You have agreed to be bound by all such amendments, modifications, and changes. You must carefully review this Rental Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes. Whenever a change is made to this Rental Agreement, Motivate will post a notification on the Platform. Notwithstanding any provision in this Rental Agreement that may be to the contrary, the pricing set forth on the Platform supersedes all pricing set forth in this Rental Agreement.

Section 19 Severability.

If a court deems any provision of this Rental Agreement, including but not limited to the binding arbitration and class action waiver provisions, illegal or otherwise unenforceable for any reason, You agree that such provision shall be severed from the Rental Agreement and shall be inoperative, and the remainder of the Rental Agreement shall remain operative and shall be binding on the parties.

Your Agreement to Rental Agreement

I hereby represent that I am the person renting a Ford GoBike bicycle, I am 18 years of age or older, and I have read and agreed to all of the terms and conditions set forth in this Rental Agreement.

May 4, 2017


FordPass Terms and Privacy Policy ("Terms")

Welcome to FordPass, a smarter way to move! FordPass is a new platform that will empower you to rethink the way you travel. Through a collection of current features, and features coming soon, FordPass will provide you with more mobility options so you can go further than you thought possible.

Ford is working to continually improve and expand the FordPass features and functionality for our customers. These Terms describe features currently available as well as features we expect to add in the future. The Terms apply to all of the features described below, but you can check the FordPass app to see which ones are currently available. Check back often as we add new features to understand what that feature can do for you!

Before we get started, we want you to know how FordPass works and we need you to click “Accept” to accept our Terms. Please review carefully.

A few important points:

You can use the Table of Contents below to easily move through these Terms:

  1. General Information
  2. Privacy Policy
  3. Mobile Payments / My Wallet
  4. Operate
  5. Dealer Services
  6. My Vehicle
  7. Parking
  8. Perks
  9. Guides
  10. Safety
  11. Communications
  12. Third-Party Services
  13. Ford GoBike
  14. Limited Licenses
  15. Interference
  16. Trademark Notice
  17. Designated Agent for Copyright Notification
  18. User Generated Content
  19. Indemnity and Hold Harmless
  20. Disclaimer
  21. Miscellaneous
  22. Contact Us

1. General Information

These Terms apply to your access to and use of the FordPass application (“FordPass”), which is owned by Ford Motor Company, One American Road, Dearborn, Michigan 48126 United States of America (hereinafter “Ford”, “we”, “us”). These Terms do not alter in any way the terms of any other agreement you may have with us. If you want to retain a copy of these Terms, please visit this link and save or print them. Access to and use of FordPass under these Terms is limited to the United States.

a. Acceptance

By clicking “Accept” and/or using FordPass or its features, you agree to be bound by these Terms. You must be at least 18 years old, or the age of majority, as determined by the laws of your state or territory of residency, in order to accept these Terms, and hold a FordPass account.

FordPass allows you to set profile information and certain preferences in your account. You may not create names that are profane or obscene. If we decide any name you have created is profane or obscene, we reserve the right to remove or discontinue your use of FordPass. In addition, FordPass allows you to authorize other users to create their own profiles that will be linked to your FordPass account. You are responsible for all use by and through anyone you may authorize. If you authorize anyone that is under 18 years old, they may only use FordPass under your supervision when you are bound by these Terms.

We may modify these Terms at any time. We will alert you through FordPass of any material changes to these Terms, and allow you an opportunity to accept the modified Terms. Other modifications will be effective immediately upon being posted on FordPass or at such later time as we may specify, and your continued use of FordPass or its features will indicate your acceptance of the modified Terms. If you do not agree to these Terms or any modification of these Terms, then you must immediately stop using FordPass.

We reserve the right to change, update, improve, correct, modify, suspend, discontinue or cancel all or part of FordPass, including any of its features, functionalities or manners of operation at any time without any notice or obligation to you. Your use of FordPass after any changes are implemented will be considered acceptance of such changes. FordPass may not be available during maintenance breaks and other times.

If you object to any changes to FordPass or to these Terms, your sole recourse is to stop using FordPass.

b. System Requirements/Updates/Changes/Cancellation

Use of FordPass requires a compatible mobile telephone or handheld device, internet access (fees may apply), and software (fees may apply), and may require obtaining updates or upgrades from time to time. Contact your data carrier for more information regarding usage rates and fees.

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

Certain FordPass features may require your vehicle to have a compatible SYNC in-vehicle system or an embedded modem (“Software”). If your vehicle is equipped with Software, you agree that we or our affiliates or service providers may remotely check and automatically update your Software according to the vehicle software End User License Agreement (“EULA”) provided in your vehicle’s Owner Guide or otherwise by us. You may be able to update your Software through FordPass if you choose. You further agree that Ford, its affiliates, service providers, and/or designated agents may periodically check the version of the Software and may remotely deliver Software updates, upgrades, supplements, or changes to the Software without any further notice or additional consent. Data usage rates and fees may apply.

Not all features or services will be available in all markets and coverage may be limited, including due to your vehicle capability and data plan coverage. Availability of features is subject to change and dependent on mobile device and vehicle capability and the internet access available to you. FordPass may be unavailable or interrupted from time to time for a variety of reasons, such as environmental or topographical conditions and data plan coverage.

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

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

To uninstall FordPass, you must use the application management tools provided with your device. Consult your device manual for assistance.

If your vehicle has embedded connectivity and you connect your vehicle through FordPass, your vehicle will continue transmitting data to Ford even if you uninstall FordPass. If you want to turn off data transmission from the vehicle, please consult your vehicle’s owner guide to turn-off data transmissions, which may require a Master Reset in the SYNC settings.

2. Privacy Policy

The FordPass Privacy Policy will help you understand what personal information we collect, why we collect it, and what we do with it, in order to better serve you.

Information We Collect. We collect the following types of information through your use of FordPass or third-party services that integrate with FordPass, such as Ford GoBike, which we also may combine with other information you have previously provided, or that we have collected from other sources:

How We Use Information We Collect: We use your personal information – information that reasonably identifies you – to provide you with great functionality and services, allow you to control certain vehicle features, fulfill requests you’ve made in FordPass, personalize your experience, troubleshoot problems, develop new and improved products, services, and marketing strategies and research, to protect safety, property, privacy, and security, or to comply with legal requirements. WE MAY send communications about products, services, offers, promotions, news, and more that are customized based on your personal information, including your location, speed, and driving characteristics. You may choose not to provide certain personal information (such as not entering a VIN to connect to your vehicle or not entering a credit card to use My Wallet services), but this may limit or prevent use of certain features. We may use and share non-personal information for any purpose.

How We Share Information: We do not provide personal information obtained through FordPass to anyone for independent use without providing you a choice, except authorized dealers and our affiliates (the group of companies related by common control or ownership) and as described below.

Children’s Privacy: FordPass does not knowingly intend to collect personal information from children under 13 years of age.

How to Contact Us, Access, or Control the Use of Your Information: For more information or to request correction or removal of personal information, contact us as set forth in the Contact Us section below.

Security and Retention of Your Information: We use systems, policies, procedures, and technology to provide reasonable security to protect and maintain the security and accuracy of your information. We will only retain your personal information for so long as reasonably necessary to fulfill legitimate business purposes.

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

Your California Privacy Rights: To review, please visit www.ford.com/help/privacy/california/.

3. Mobile Payments / My Wallet

The following terms (“Mobile Payment Terms”) apply to the mobile payment features of designated Lincoln and Ford mobile apps (“Apps”), including My Wallet (in the FordPass App) and Lincoln Pay (in the Lincoln Way App), which allow you to store payment cards so you can make purchases through the Apps. We refer to My Wallet and Lincoln Pay generally as the “Mobile Payment” features. The Mobile Payment features are maintained and operated by Ford, Lincoln, or their third-party payment service providers.

If you use the same login information for FordPass and Lincoln Way, your Payment Card information provided through one App will automatically be imported when you access the Mobile Payment features of the other App.

By clicking “I accept,” you:

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

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

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

a. Account Registration

To use the Mobile Payment features, you must register a valid credit card or debit card (“Payment Card”). Our registration process asks you for your name, address, credit card or debit card number(s) and associated information necessary to process payments with the Payment Card and make purchases. All information provided during registration must be current, accurate and complete.

You authorize Ford and Lincoln to confirm that your Payment Card is valid, including by submitting a payment authorization request or a low dollar authorization credit and/or debit to the Payment Card, in accordance with the relevant rules of the payment or credit/debit card network, such as Visa, MasterCard, American Express or Discover (“Network”). If we submit a low dollar authorization, your card is not actually being charged, and any temporary charge shown on your account will disappear in a few days.

b. How Mobile Payments Work / Our Role

The Mobile Payment features let you make payments using most Network-branded credit and debit card-based payment products, using services and technology provided by third-party payment service providers, which are subject to change at any time. These payment service providers are not banks and do not hold or transmit any of your funds or extend credit.

You authorize our payment service providers to collect, analyze and relay information generated in connection with purchases from a Merchant that you make with the Mobile Payment features (“Transactions”). Transactions are subject to the terms and conditions governing your Payment Card and to any agreements between you and the issuer of your Payment Card. You acknowledge and agree that Transactions are solely between you and the seller of goods or services you are purchasing, which may or may not be Ford or Lincoln as specified for each Transaction.

c. Supported Cards

Most US-issued credit and debit cards with a Network brand can be used with the Mobile Payment features, though certain card types may not be used. Eligible Payment Cards are subject to change at any time.

d. Recurring Payments

If a Merchant offers you the ability to use the Mobile Payment features to make recurring payments on a monthly or other periodic basis, such as a subscription or a car payment (“Recurring Payments”), you may do so by following the prompts and providing the requested information. You authorize your selected Payment Card to be charged in accordance with the schedule for such Recurring Payments. Unless otherwise stated, your Recurring Payments and the relevant billing authorization will continue indefinitely until you cancel.

e. Transaction History

When you make a payment with the Mobile Payment features, we will update your activity in the App and provide you a Transaction confirmation on your device. The Transaction confirmation will serve as your receipt and the Transaction also will appear on your Payment Card statement. Except as otherwise required by law or by the terms of another agreement between us, you are solely responsible for (a) compiling and retaining permanent records of all Transactions and other data associated with your use of the Mobile Payment features, and (b) reconciling all transactional information that is associated with the Mobile Payment features. If you believe that there is an error or unauthorized Transaction activity, you agree to contact us immediately.

f. Refunds

Except as set forth in the Mobile Payment Terms, all Transactions are non-refundable and non-reversible. You may have additional refund or charge-back rights based on a Merchant’s policies or under your Payment Card issuer agreement or applicable state and federal laws. You should review your periodic statement received from the issuer of your Payment Card to verify your Transactions.

g. Customer Service

We provide customer service for issues relating to how the Mobile Payment features work. For other issues – like pricing, order fulfillment and cancellation, returns and refunds, product functionality or technical support, contact the appropriate merchant. For issues related to your Payment Card, contact your card issuer.

h. Periods of Inactivity

If our records indicate that you have not used the Mobile Payment features in one or more of the Apps for at least six (6) months (or another period that we may specify), we may disable your access to the Mobile Payment features.

i. Suspension or Termination

We may suspend or terminate your access to the Mobile Payment features for any reason or no reason at any time upon notice to you. Without limiting the foregoing, we may also suspend your access to any Mobile Payment features if (a) you have violated the Mobile Payment Terms, (b) you pose an unacceptable fraud risk to us, (c) you provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct, or (d) we notice suspicious activity.

j. Effect of Termination

We will not be liable to you or any third party for compensation, reimbursement, or damages in connection with your use of the Mobile Payment features, or any termination or suspension of the Mobile Payment features or your access to it, including with respect to any deletion of your information or account data. If your Mobile Payment account is terminated for any reason or no reason, you agree (a) to continue to be bound by the Mobile Payment Terms and remain responsible for any Transactions you have processed through the Mobile Payment features, (b) to immediately stop using the Mobile Payment features, (c) that the license provided under the Mobile Payment Terms shall end, and (d) that we reserve the right (but have no obligation) to delete all of your information and account data stored on our servers.

k. Liability

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

l. Indemnity and Release

By using the Mobile Payment features, you agree that you will defend, indemnify, release and hold harmless us and our subsidiaries and affiliates, their respective distributors, dealers, dealer associations, suppliers, licensors, partners and advertising and promotions agencies, from and against any liabilities, claims, damages and expenses (including reasonable attorneys’ fees and costs) arising out of any use of the Mobile Payment features by or through you, your breach or alleged breach of the Mobile Payment Terms, or your violation or alleged violation of the patent, copyright, trademark, proprietary or other rights of third parties. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and, in such case, you shall agree to cooperate with our defense of such claim.

You acknowledge and agree that your app store provider has no liability, responsibility or obligation to you, including with respect to the investigation, defense, settlement or discharge of a third party’s intellectual property infringement claim.

m. Miscellaneous

The Mobile Payment Terms, together with the Terms and Conditions for the Apps, and any additional terms to which you agree when using particular elements of the Apps, constitute the entire agreement regarding the Mobile Payment features. The Mobile Payment Terms are governed by, and construed in accordance with, the laws of the State of Michigan (except in relation to any conflict of law provisions thereof), except to the extent local law requires otherwise. Unless local law mandates otherwise, all lawsuits arising from or relating to the Mobile Payment Terms shall be brought in the Federal or State courts located in Wayne County, Michigan. If a court determines that any term or condition is illegal, invalid, or unenforceable, then such term will be eliminated and the remaining terms and conditions will remain in full force and effect. Our failure to exercise or enforce any right or provision of the Mobile Payment Terms shall not constitute a waiver of such right or provision.

n. Contact Us

If you have any questions, comments, or claims regarding the Mobile Payment features, you may contact us by finding your local contact information by going to http://owner.ford.com/contact-us.html?pagename=Owner/Page/ContactUsPage, or contacting us in the U.S. at:

Telephone  800-521-4140 (Lincoln U.S.)  800-392-3673 (Ford U.S.)  800-232-5952 (TDD for the hearing impaired)  Available M-F 8:00 am - 5:00 pm ET  Available Sat. 9:00 am – 5:30 pm ET

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

4. Operate

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

Note: SYNC Connect, an optional feature on select vehicles (includes SYNC Connect service for five years from the original vehicle sale date as recorded by the Ford dealer), is required for certain features. SYNC Connect subscription fees apply after five years.

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

5. Dealer Services

Various features of FordPass (including My Dealer) allow you to connect with your dealer, including to schedule services, locate dealers, get directions to your dealer, and view new dealer inventory. By using the locator services you will be subject to the terms provided by the location or mapping service that you use.

All service appointments and vehicle services are the responsibility of you and your dealer. Dealers are separate legal entities, independent from us, and we are not responsible or liable for dealers’ activities, including any services you receive from your dealer or the content of dealer websites.

You may also be able to view new inventory at your preferred dealer. The inventory listed on FordPass may not be current with the exact inventory available with your dealer. Contact your dealer for the actual price and availability of any vehicle and any applicable terms and conditions that may apply.

6. My Vehicle

The My Vehicle feature may allow you to access certain information related to your vehicle via FordPass. In order to register your car with the My Vehicle feature, you will need to input your VIN number. By registering your vehicle with My Vehicle you expressly opt-in to receiving notifications, including email, as well as other communications from us related to the My Vehicle feature. If you wish to opt-out of these communications, please contact Ford Guides through FordPass or stop using the My Vehicle feature by changing your preferences in the settings menu of FordPass. You must be an authorized user of a vehicle in order to link your FordPass account to the VIN of a vehicle you do not own or lease, which may have to be approved by a primary account holder and authenticated in the vehicle. You may remove your VIN from FordPass at any time, however removal of the VIN may affect certain FordPass features.

If equipped, the vehicle status feature may allow you to view certain notifications on FordPass, regarding Vehicle Health Alerts. These alerts may include electric battery health, fuel level, fuel consumption, odometer, tire pressure, VIN number, and other diagnostic information. These notifications should not be used or relied upon in place of normal vehicle maintenance. If at any time you believe there may be an issue or problem with your vehicle, consult with a professional for diagnosis and required maintenance.

If your vehicle has Wi-Fi hotspot functionality and you have activated a data plan, you can view information about your data plan through FordPass. You must sign up for wireless service directly with your vehicle’s wireless provider, and your provider is solely responsible for the wireless service, subject to separate terms and conditions you agree to when you activate your service, and for the data about your plan available through FordPass. Always pay careful attention to the road and do not drive distracted. Wi-Fi hotspot intended for passenger use only.

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

7. Parking

Parking-related services are limited to informing you of the location and potential availability of parking, and (for certain parking locations, as indicated) enabling you to reserve and pay for parking. We may use third parties to provide these services. We do not, however, sell parking, provide a parking service, operate a parking lot, or otherwise accept custody of motor vehicles. These services are provided by others, such as parking facility owners or operators, and they are in no way our agent or acting on our behalf.

You must set up Mobile Payments to reserve and pay for parking. By doing so, you consent to your payment card on file being charged the applicable amounts to pay for parking. Please review the Mobile Payment terms described above for more details.

Parking rates are set directly by the parking owner or operator, not us. Reserved rates may differ from drive-up rates (if available), and may be subject to change. You are responsible for paying the actual rates for all parking, including any costs for parking in excess of your booked time.

To receive your reserved parking, you must present the FordPass parking pass to the parking operator in accordance with the instructions included with your booking. If you do not present the parking pass to the parking owner or operator your reservation will not be honored, you will not get credit for your payment and your payment will not be refunded or otherwise compensated. Resale or transfer of a parking pass is not permitted.

Booked parking is valid only for the dates and times listed on the FordPass parking pass. You may cancel your booking for any reason for a full refund up to the start time of the reservation (unless noted otherwise). After the start time of the reservation, all bookings are non-refundable, even if you are unable to use the parking or if you do not use all the time you have paid for. We are not responsible for postponed events, partial performances, venue, date, or time changes, road closures, or traffic conditions. Except for the option described above to receive a refund prior to the start of your parking reservation time, all payments made for parking are final.

You are responsible for selecting your parking and compliance with all signs, laws, and regulations relating to parking. You also are responsible for compliance with the agreement with the operator of the parking facility as posted at the location or otherwise provided to you (which agreement will, in all cases, govern the parking arrangement). Allocation of parking spaces is not within our control and we do not guarantee the availability of a specific parking spot. Please use your best judgment when deciding on a parking facility or location and do not park at a facility or location that you do not feel is safe and secure.

If you choose to use the FordPass timer feature to set the time of your parking, the use is at your own risk. We are not responsible for any tickets or fines that you incur as a result of your use of the timer.

We do not represent or warrant the quality, suitability, safety, or security of any parking, and we disclaim all liability arising from any lack of quality, suitability, safety, or security of any parking or otherwise related to your use of parking and parking facilities and locations (including, without limitation, liability regarding the safety or security of persons or property in parking facilities and locations, and the consequences of not being able to park or delays associated with parking). This limitation does not preclude the refunds listed herein or other remedies available to you by law.

8. Perks

When you register with FordPass you are automatically enrolled in FordPass Perks. Perks include special offers and other promotions, which may be based on things you do through FordPass. You do not have to use Perks in order to use other parts of FordPass. The type and frequency of offers and promotions will vary, and each one is subject to its own terms or rules, which you should review. Perks are separate from any other loyalty programs offered through us or our affiliates. Perks are subject to change at any time, and some features may not be available on all vehicle makes and models.

You agree to receive Perks communications from Ford, your authorized dealership, and affinity partners, which may be customized based on personal information you provide to us through FordPass, such as location and driving characteristics.

You are solely responsible for any applicable taxes associated with Perks.

9. Guides

FordPass may offer certain guides and roadside assistance, subject to your vehicle’s warranty and may not be available for all makes and models of vehicles. If your warranty is expired you may not be able to access this feature. If you wish to obtain extended warranty coverage at any time, please contact us as set forth in the Contact Us section below. Furthermore, if you no longer have a warranty and wish to purchase roadside assistance through FordPass, you may do so by contacting Ford Guides.

Assistance may be provided by live chat or through email with remote Ford Guides. FordPass may allow you to provide contact information for a Guide to contact you via phone, email or text. If you provide your contact information, you are expressly consenting to a Ford Guide to contact you. Phone calls may be recorded for quality assurance purposes, and by continuing to speak with the Ford Guide you consent to having the call recorded for such purposes.

Any maps or guides available through FordPass may not accurately reflect current road conditions as these are subject to change. We will not be liable for any damage to you, your passengers, third parties or your or other vehicles due to your use of FordPass or due to faulty or poor road conditions. Please take caution when driving to ensure that road conditions are safe. Without limiting any disclaimers set forth in the vehicle warranty terms, we do not make any, and hereby expressly disclaim any representation or warranty regarding the accuracy, completeness or quality of any information or advice given in connection with this FordPass feature.

Ford Guides cannot address warranty or customer service questions or concerns about products sold by Ford. If you have a question about a Ford product or have a concern with a vehicle, please contact your authorized Ford dealer or Ford’s Customer Relationship Center as listed in the Contact Us section below.

10. Safety

Warning: We recommend against the use of any hand-held device while driving, riding bicycles, or any other activity that requires your full attention, and encourage the use of voice-operated systems when possible. Accessing or using FordPass on hand-held devices while driving, riding a bicycle, or other activity could distract your attention and result in loss of vehicle control, crash and injury. FordPass may send messages or push notifications to your cell phone. Do not read messages on hand-held devices while driving, riding a bicycle, or similar activities.

11. Communications

If you choose to communicate with us, you expressly consent to our representatives contacting you in the manner you request. You can choose whether or not to receive push notifications in the FordPass settings. You may opt-out of receiving FordPass emails by unsubscribing in the email. You may continue to receive communications within FordPass.

12. Third Party Services

FordPass may integrate with, or contain links to third-party websites or services that are not owned or controlled by us, including but not limited to links to websites for our dealers (“Third Party Service”). We have no control over and, to the fullest extent permitted by applicable law, assume no responsibility for, the content, privacy policies, or practices of any Third Party Service. In addition, we will not and cannot censor or edit the content of any Third Party Service. By clicking on links, you expressly relieve us from any and all liability arising from your use of any Third Party Services, or from the content of any Third Party Service. When using a Third Party Service, you should be aware of when you leave FordPass and read the terms and conditions and privacy policy of each Third-Party Service that you visit.

FordPass may use data from third-party sources, such as maps and directions, to provide services. This data and other information may not always be accurate. We are not responsible for any data provided by third-parties or your reliance upon the same. Terms applicable to location based services to which you will be bound by using FordPass include:

http://here.com/services/terms/

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

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

FordPass may contain or rely in part on certain free, shared, or public library software (“Open Source Software”). Please refer to the posted Open Source Software acknowledgements located at http://corporate.ford.com/ford-open-source.html for more information on any obligations or restrictions that may apply to the use of Open Source Software.

13. FordGoBike (operated by Motivate)

The Ford GoBike service is operated by Motivate International, Inc. (“Motivate”), not Ford. FordPass shares login functionality with Ford GoBike so you can use your FordPass login credentials to sign in to your Ford GoBike account. All use of the Ford GoBike service, mobile app, and website are subject to the Ford GoBike Website Terms of Use, User Agreement, Liability Waiver, and Release, and any other agreements between you and Motivate, all of which are solely between you and Motivate. Ford has no responsibility for Motivate’s activity or the Ford GoBike service. Ford and Motivate may share data with each other as described in the FordPass Privacy Policy and in the Ford GoBike Privacy Policy.

14. Limited Licenses

FordPass and any content (images, logos, music, wallpaper, badges, etc.), data or software made available through or in connection with FordPass (including via FordPass-related websites) (collectively, “FordPass Content”) is owned by us or used under license. FordPass Content is protected by worldwide copyright, trademark, patent, trade secret, or other proprietary rights whether or not a copyright notice or other proprietary mark is present. You agree to comply with all copyright laws in your use of FordPass Content, including preventing any unauthorized copying. Except as expressly provided herein, we do not grant any express or implied proprietary rights to FordPass Content.

Subject to your compliance with these Terms and any other terms communicated in connection with specific FordPass Content, we grant you a non-exclusive, non-transferable, limited right to access, view, use, display and listen to FordPass Content for your personal, non-commercial use only. You agree not to dispute our claims of ownership or validity of our rights in FordPass Content.

If you violate any of the Terms, your rights will immediately terminate and we may terminate your access to FordPass Content without notice and without any refund of fees, if applicable.

Any right or authorization granted to you by us is also subject to the following restrictions:

15. Interference

CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE FORDPASS OR OTHERWISE UNDERMINE OUR LEGITIMATE BUSINESS OPERATIONS MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WE RESERVE THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW.

16. Trademark Notice

The Ford name, and all trademarks and logos displayed on FordPass are owned or used under license by us. The unauthorized use of any trademark displayed on FordPass or included in any FordPass Content is prohibited.

If you believe that any content on FordPass infringes your copyright rights, please contact our designated agent for receiving such notifications in writing as follows:

Peter N. Tassie  DMCA Agent  330 Town Center Drive, Suite 800  Dearborn, Michigan 48126

Email address: DMCA@ford.com  Telephone: 313-390-5286  Fax number: 1-313-322-7162

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

18. User Generated Content

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

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

You grant to us an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide license to (a) use, copy, transmit, distribute, modify, create derivative works, adapt, delete, sub-license, combine with other ideas or works, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your User Submission in any manner and for any commercial purpose (including, product, service or advertising).

19. Indemnity and Hold Harmless

By using FordPass you agree that you will defend, indemnify and hold harmless us and our subsidiaries and affiliates, their respective distributors, dealers, dealer associations, suppliers, licensors, partners and advertising and promotions agencies, from and against all the liabilities, claims, damages and expenses (including reasonable attorneys’ fees and costs) arising out of any use of FordPass by or through you including any of its features or services, your breach or alleged breach of these Terms, and/or your breach or alleged violation of the patent, copyright, trademark, proprietary or other rights of third parties. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and, in such case, you shall agree to cooperate with our defense of such claim.

You acknowledge and agree that your app store provider has no liability, responsibility or obligation to you, including with respect to the investigation, defense, settlement or discharge of a third party’s intellectual property infringement claim.

20. Disclaimer

FordPass and/or any of its features may be unavailable, inaccurate or interrupted from time to time for a variety of reasons outside of our control. We are not responsible for any interruptions or errors of FordPass or its features. We may modify, suspend, or discontinue FordPass or any feature at any time without notice. FordPass and all the information accessible through it are provided for information purposes only on an “as is” and “as available” basis. We, our information providers and their agents make no warranties, representations, or guarantees of any kind, express or implied, including but not limited to, accuracy, currency, or completeness, the operation of FordPass, the information, materials, content, availability, and products. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SHAREHOLDERS, REPRESENTATIVES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH FORDPASS AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE, OUR INFORMATION PROVIDERS AND THEIR AGENTS ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF FORDPASS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM FORDPASS, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH FORDPASS BY ANY THIRD-PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA FORDPASS.

TO THE FULLEST EXTENT PERMITTED BY LAW WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH FORDPASS OR ANY HYPERLINKED WEBSITE OR APP, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NEITHER WE, OUR INFORMATION PROVIDERS OR THEIR AGENTS ARE PROVIDING ANY LEGAL, TAX, MEDICAL, COUNSELING, ACCOUNTING, INVESTMENT, FINANCIAL OR ANY OTHER PROFESSIONAL SERVICES OR ADVICE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OR OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SHAREHOLDERS, REPRESENTATIVES OR AGENTS BE LIABLE FOR ANY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, PROFITS, GOODWILL, DATA, OR USE OF MONEY, WHETHER IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), CONTRACT OR OTHERWISE, ARISING OUT OF OR RELATED TO ANY ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE FORDPASS OR ANY OF ITS FEATURES, FUNCTIONALITIES, CAPABILITIES OR CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

This section does not affect, and is not intended to affect, any rights that a consumer has that are not able to be excluded under applicable consumer laws.

21. Miscellaneous

These Terms together with any additional terms to which you agree when using particular elements of FordPass constitute the entire agreement regarding FordPass and any services. Unless and to the extent local law requires otherwise, these Terms are governed by, and construed in accordance with, the laws of the State of Michigan, except in relation to any conflict of law provisions thereof. Unless local law mandates otherwise, all lawsuits arising from or relating to these Terms shall be brought in the Federal or State courts located in Wayne County, Michigan. If a court determines that any term or condition in these Terms is illegal or unenforceable, then such term will be eliminated and the remaining terms and conditions will remain in full force and effect. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

22. Contact Us

If you have any questions, comments, or claims regarding FordPass you may contact us by finding your local contact information by going to this website http://corporate.ford.com/our-company/country-websites, or contacting us in the U.S. at:

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

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

March 24, 2017
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