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MyFord® Mobile Terms and Conditions

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1. 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 2010 The Closure Compiler Authors Copyright c 2008 Google Copyright c Microsoft Corporation All rights reserved 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 http 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 The MyFord Mobile App includes software developed by Copyright 2009 Matt Gallagher All rights reserved The MyFord Mobile App includes software developed by Copyright c 2012 Artur Adib lt aadib mozilla com gt All rights reserved You may use this project under the terms of the New BSD license as follows 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 disc
2. this Section 8 d is subject to Ford allowing you a period of at least one month from the date when it had invoked this stipulation in writing against you to opt for dispute resolution by the court having jurisdiction under the applicable law 9 MyFord Mobile License Agreements 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 including the selection coordination and arrangement of the App 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 to prevent any unauthorized copying of its content source code or 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 for your personal non commercial use only Ford authorizes you to download the App only for your personal non commercial use All right
3. Car Info and Alerts 1 Acceptance and Modification of Terms and Services a Acceptance of Terms and Conditions By indicating your consent when requested you the user User I you your agree to be bound by these Terms and Conditions whether or not you have read them If you do not agree to these Terms and Conditions you will be unable to run or activate the MyFord Mobile Features You must be at least 18 years old or the age of majority as determined by the laws of your state nation or province of residency to accept these Terms and Conditions and assume the obligations set forth in these Terms and Conditions Further you agree to make all other drivers passengers or guests of your vehicle aware of these Terms and Conditions and subject to these Terms and Conditions You are solely responsible for the use MyFord Mobile and its Features for your vehicle even if you are not the one using MyFord Mobile or Features and even if you claim later that another person s use was not authorized You can stop using MyFord Mobile at any time without any further consequences should you wish to do so By activating and using MyFord Mobile you represent that you possess a valid driver s license for operating a vehicle in your country of residence b Modification of Terms and Conditions Ford may at its sole discretion with or without notice modify these Terms and Conditions at any time and such modifications wil
4. O Box 6248 Dearborn MI 48126 c Information Collected Through MyFord Mobile When you activate your MyFord Mobile account we collect information about you including your email address and the cellular number to which you wish to link your service and you will be required to provide your name during the registration process See the Privacy Statement available on the www MyFordMobile com for North America or www MyFordMobile eu for Europe We and our MyFord Mobile service providers may collect use process store and share GPS and speed data such as your vehicle s current location and travel direction vehicle status and information e g vehicle identification number the embedded modem serial number the ID of the key in use tire pressure fuel level battery status oil level status of windows doors door locks alarm and battery charge information and driving characteristics e g seat belt warning accelerator pedal position and brake pedal position This data will be collectively referred to as vehicle information We and our MyFord Mobile service providers may collect use process store and share details about your requests referred to as service details including e your cell phone number if provided e type of request e address information for driving direction requests and e other information you have provided Personally identifiable information collected by MyFord Mobile may be used
5. alone or in conjunction with other information about you that we may have to fulfill your requests make your experience more customer friendly and personalized and contact you if necessary improve products and services troubleshoot problems and to market to you where permitted by law and comply with legal requirements Vehicle information and service details may be linked to you or the email address you have linked to MyFord Mobile We may send you email notifications at the email address you provide confirming your requests or actions such as registration and removal of vehicle s and password resets enabling you to notify us if you did not make the request or perform the action You will be provided with an in vehicle notice regarding GPS containing language such as the following MyFord Mobile is active It enables GPS vehicle location mapping Please advise occupants See Owner Guide for more information By pressing continue or by driving you agree to GPS mapping d Consent to Information Collection By activating or using the service you expressly consent to the collection logging storage and sharing of your vehicle information and service details for the purposes set forth above Further you agree to obtain the consent to the collection logging storage and sharing of vehicle information and service details for the purposes set forth above from any other person s to whom you provide access to and use of the vehicle If y
6. of any account and password whether or not Ford has been advised of the possibility of such damages Furthermore in no event shall any MyFord Mobile provider be liable for any indirect special incidental consequential punitive or aggravated damages including without limitation damages for loss of data income profit loss of or damage to property and third party claims arising from or in connection with the use or performance of such services This exclusion of liability shall apply to the fullest extent permitted by applicable law This provision shall survive the termination of your right to use MyFord Mobile By using MyFord Mobile you acknowledge that you will be fully liable for all damages resulting directly or indirectly from the use of MyFord Mobile THERE ARE NO WARRANTIES PROVIDED IN CONNECTION WITH MYFORD MOBILE OTHER THAN THOSE THAT MAY EXPRESSLY BE PROVIDED FOR YOUR NEW VEHICLE b Indemnification You agree to indemnify and hold harmless Ford and its affiliates including your local Ford Company and subsidiaries their respective distributors dealers dealer associations and advertising and promotions agencies together with their respective directors officers and shareholders employees agents or other representatives from and against all the claims liabilities damages and expenses including all legal fees and costs arising out of your use of MyFord Mobile or its services or Features your breach or alleged
7. region is listed below You can exercise your rights to access or request information we hold about you or to rectify cancel block erase or oppose as applicable any personally identifiable information about you that has not been processed in accordance with applicable laws Your application shall be made in writing with evidence of your identity by sending a notice to the address of your local Ford Customer Relationship Center as listed below In accordance with local law there may be a small charge for providing requested information or a limit on the number of requests you may make Please contact your local Ford Customer Relationship Center for more information Belgium Ford Motor Company Belgium N V Avenue du Hunderenveldiaan 10 1082 Brussel Customer Relation Centre 32 0 2 482 2626 custfobe ford com Canada Ford Motor Company of Canada Limited The Canadian Road P O Box 2000 Oakville Ontario Canada L6K 0C8 Customer Relationship Centre CRC 1 800 565 FORD 3673 Deutschland Ford Werke GmbH Henry Ford Str 1 50735 K ln Kundenzentrum Postfach 71 02 65 50742 K ln 49 0221 9999 2 999 kunden ford com Finland Oy Ford Ab Ayritie 24 P O Box 33 01511 Vantaa VAT number 0108254 6 Ford Customer Service 3589 725 22022 palvelut ford fi France Ford France FMC Automobiles SAS 78100 Saint Germain en Laye Centre des relations clienteles de Ford France FMC Automobiles M data 34 rue de la croix de fe
8. respective directors officers and shareholders employees agents or other representatives from and against all the claims liabilities damages and expenses including all legal fees and costs arising out of your use of MyFord Mobile its services or Features your breach or alleged breach of these Terms and Conditions Privacy Statements License Agreements or associated notices and or your breach or alleged violation of the intellectual property or other rights of third parties Effective Date December 21 2015 Acknowledgements The MyFord Mobile App includes 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 2010 The Closure Compiler Authors Copyright c 2008 Google Copyright c Microsoft Corporation All rights reserved 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 http 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
9. s reputation or goodwill as determined in Ford s sole discretion 9 you may not use the App 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 and 10 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 use the App or Features 10 Owner s Guide Before using your system read and follow all instructions and safety information provided in the end user manual Owner s Guide Not following precautions found in this Owner s Guide can lead to an accident or other serious consequences When kept in the vehicle the Owner s Guide will be a ready reference for you and other users unfamiliar with the system Please make certain that before using the system for the first time all persons have access to the Owner s Guide and read its instructions and safety information carefully 11 More Information For more information on MyFord Mobile please see www MyFordMobile com for North America or www MyFordMobile eu for Europe If you have any questions concerns or complaints please contact your local Ford Customer Relationship Center please see section 7b for contact information By indicating your consent when requested you the user User I you or your agree to be bound by these Terms and Conditi
10. this list of conditions and the following disclaimer 2 Redistributions in binaryform 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 THIS SOFTWARE IS PROVIDED BY THE URBAN AIRSHIP INC 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 URBAN AIRSHIP INC 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 The MyFord Mobile App includes software licensed under the MIT license and developed by the following Tim Wood Iskren Chernev Moment js contributors momentjs com Copyright c 2011 2012 Tim Wood Copyright c 2009 2013 Jeremy Ashkenas DocumentCloud Inc HTML5 Shiv v3 6 2 afarkas jdalton jon_neal rem MIT GPL2 Licensed Ford chooses to use HTML5 Shiv v3 6 2 under the MIT license Copyright c 2012 Scott Jehl and Filament Group Inc Copyright c 201
11. to your registered mobile phone By enabling text messages or Push Notifications you e certify that you are the mobile phone account holder or have the account holder s permission to do so and e expressly consent to MyFord Mobile sending and you receiving text messages or Push Notifications in accordance with the MyFord Mobile App Privacy Statement Message and Data Rates may apply b Opt Out Ford is obtaining your consent on behalf of MyFord Mobile The contact mailing address telephone number and email address for MyFord Mobile are set out in the MyFord Mobile App Privacy Statement below You may opt out of receiving MyFord Mobile text messages at any time by calling your local Ford Customer Relationship Center please see Section 7 b below for local contact information or in North America at 1 800 392 3673 You may opt out of receiving Push Notifications by turning them off in your mobile phone s settings or by turning off notifications in the App 6 Account Security and Passwords You are entirely responsible for maintaining the confidentiality of your MyFord Mobile account information including your password and for any and all activity that occurs under your account You agree to notify Ford immediately of any unauthorized use of your account or password or any other breach of security However you may be held liable for losses incurred by Ford or your dealer due to someone else using your user name password cell p
12. your dealer s service policy Once you have activated MyFord Mobile you may deactivate the account by performing a factory reset deleting any vehicles associated with the account or by allowing another user to assume the account and deleting yourself from it at www MyFordMobile com for North America or www MyFordMobile eu for Europe If you are a new owner of a pre owned Ford you may register and take over the previously linked VIN by associating it to your email address at www MyFordMobile com or www MyFordMobile eu as applicable or via the MyFordMobile App If the vehicle and its associated VIN is preowned we recommend that you perform a master reset upon taking possession of the vehicle to remove it from any existing MyFord Mobile accounts e Charges MyFord Mobile is offered free of charge However cell phone airtime usage charges may apply when using MyFord Mobile 3 Scope and Availability a Availability in US EU and Canada MyFord Mobile is available in the United States excluding U S Territories Canada and select European markets Not all Features or services will be available in all markets and coverage is limited to your cellular phone coverage b Third Party Data Services MyFord Mobile uses data from third parties to provide services and the data provided including maps may not always be accurate Ford is not responsible in any way for any data provided by third parties Maps used by th
13. 1 Jan Muhlemann Copyright c 2013 phonostar Copyright c 2012 Jack Moore jacklmoore com Copyright c 2013 Cowboy Ben Alman https github com cowboy jquery tiny pubsub Copyright 2011 John Resig Dual licensed under the MIT or GPL Version 2 licenses Ford chooses to use jQuery JavaScript Library v1 5 1 under the MIT license Includes Sizzle js http sizzlejs com Copyright 2011 The Dojo Foundation Released under the MIT BSD and GPL Licenses Ford chooses to use Sizzle js under the MIT license Copyright 2012 jQuery Foundation and other contributors includes Sizzle js http sizzlejs com Copyright c 2012 Adobe Systems inc portions Copyright c 2012 Olivier Louvignes Copyright c 2012 Bob Easterday Adobe Systems Copyright c 2010 Ryan McGrath Copyright c 2012 Artur Adib Copyright 2009 2013 Kristopher Michael Kowal Copyright 2009 2012 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 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
14. 2 Olivier Louvignes Copyright c 2012 Bob Easterday Adobe Systems Copyright c 2010 Ryan McGrath Copyright c 2012 Artur Adib Copyright 2009 2013 Kristopher Michael Kowal Copyright 2009 2012 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 Ww ww as 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 MyFord Mobile Terms and Conditions Effective De
15. BSTITUTE 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 The MyFord Mobile App includes software licensed under the MIT license and developed by the following Tim Wood Iskren Chernev Moment js contributors momentjs com Copyright c 2011 2012 Tim Wood Copyright c 2009 2013 Jeremy Ashkenas DocumentCloud Inc HTML5 Shiv v3 6 2 afarkas jdalton jon_neal rem MIT GPL2 Licensed Ford chooses to use HTML5 Shiv v3 6 2 under the MIT license Copyright c 2012 Scott Jehl and Filament Group Inc Copyright c 2011 Jan Muhlemann Copyright c 2013 phonostar Copyright c 2012 Jack Moore jacklmoore com Copyright c 2013 Cowboy Ben Alman https github com cowboy jquery tiny pubsub Copyright 2011 John Resig Dual licensed under the MIT or GPL Version 2 licenses Ford chooses to use jQuery JavaScript Library v1 5 1 under the MIT license Includes Sizzle js http sizzlejs com Copyright 2011 The Dojo Foundation Released under the MIT BSD and GPL Licenses Ford chooses to use Sizzle js under the MIT license Copyright 2012 jQuery Foundation and other contributors includes Sizzle js http sizzlejs com Copyright c 2012 Adobe Systems inc portions Copyright c 201
16. R 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 Copyright c 2010 2011 Christian Johansen christian cjohansen no All rights reserved 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 Christian Johansen nor the names of his contributors may be used to endorse or promote products derived from this software without specific prior written permission Copyright 2009 2011 Urban Airship Inc All rights reserved Redistribution and use in source and binary forms with or without modification are permitted provided that the following conditions are met 1 Redistributions of source code must retain the above copyright notice
17. See New MyFord Mobile Terms and Conditions Effective December 21 2015 Below MyFord Mobile Terms and Conditions MyFord Mobile is a smartphone compatible application or App and website intended to extend both vehicle accessibility and trip planning activities to the comfort and convenience of locations outside the vehicle MyFord Mobile is published by Ford Motor Company 1 American Road Dearborn Michigan 48126 United States of America hereafter Ford and operated by Ford on behalf and at the direction of your local Ford Company see Section 7 b below for details of your local Ford Company MyFord Mobile is available for use with certain equipped electrified vehicles produced by Ford or its affiliated companies for sale and operation in the United States of America excluding U S territories select European markets and Canada Your access to and use of MyFord Mobile including its services and features Features are subject to these Terms and Conditions and all policies and guidelines including the Privacy Statement on www MyFordMobile com for North America or www MyFordMobile eu for Europe the MyFord Mobile App Privacy Statement and License Agreements hereafter collectively the Terms and Conditions If your electrified vehicle is equipped with a Telematics Control Module also known as an embedded modem MyFord Mobile allows access to the following MyFord Mobile Features e Charge Programmin
18. UTE 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 The MyFord Mobile App includes software developed by the following Copyright c 2008 Ariel Flesler aflesler at gmail dot com http flesler blogspot com Licensed under BSD http www opensource org licenses bsd license php Date 5 15 2008 Copyright 2010 2014 Vladimir Agafonkin 2010 2011 CloudMade Maps OpenStreetMap contributors All rights reserved Redistribution and use in source and binary forms with or without modification are permitted provided that the following conditions are met 1 Redistributions of source code must retain the above copyright notice this list of conditions and the following disclaimer 2 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 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 FO
19. breach of these Terms and Conditions Privacy Statement License Agreements or associated notices and or your breach or alleged violation of the intellectual property or other rights of third parties Ford reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you and in such case you agree to cooperate with Ford s defense of such claim You acknowledge and agree that Ford has no responsibility or obligation in the investigation defense settlement or discharge of a third party s intellectual property infringement claim This provision shall survive the termination of these Terms and Conditions and of your right to use MyFord Mobile c Dispute Resolution All claims disputes or controversies whether in contract or tort pursuant to statute or regulation or otherwise and whether pre existing present or future arising out of or relating to e these Terms and Conditions Privacy Statement License Agreements and associated notices e errors associated with MyFord Mobile e any advertisement or promotion relating to MyFord Mobile its services or Features or the MyFord Mobile App e MyFord Mobile transactions or e the relationship which results from these Terms and Conditions including relationships with third parties who are not party to these Terms and Conditions collectively Claims will be referred to and determined by binding arbitration governed by the Federal Arb
20. by this system should never replace any local traffic regulations or your personal judgment or knowledge of safe driving practices Do not follow the route suggestions if doing so would result in an unsafe or illegal maneuver if you would be placed in an unsafe situation or if you would be directed into an area that you consider unsafe The driver is ultimately responsible for the safe operation of the vehicle and therefore must evaluate whether it is safe to follow the suggested directions f Emergency Services Do not rely on any navigation features included in the system to route you to emergency services Ask local authorities or an emergency services operator for these locations Not all emergency services such as police fire stations hospitals and clinics are likely to be contained in the map database for such navigation features g Messaging MyFord Mobile may send text messages or Push Notifications to the driver s cell phone Such messages are intended to be read in a safe manner such as when the vehicle is not moving Do not read text messages or Push Notifications while driving You agree to comply with all applicable federal local and provincial state or national laws 5 Text Messages or Push Notifications a Registration Based on the notifications preferences that you select at www MyFordMobile com for North America or www myfordmobile eu for Europe MyFord Mobile may send SMS text messages or Push Notifications
21. cember 21 2015 MyFord Mobile Terms and Conditions MyFord Mobile is a smartphone compatible application or App and website intended to extend both vehicle accessibility and trip planning activities to the comfort and convenience of locations outside the vehicle MyFord Mobile is published by Ford Motor Company 1 American Road Dearborn Michigan 48126 United States of America hereafter Ford and operated by Ford on behalf and at the direction of your local Ford affiliate including your local Ford Company see Section 7 b below for details of your local Ford Company MyFord Mobile is available for use with certain equipped electrified vehicles produced by Ford or its affiliated companies for sale and operation in the United States of America excluding U S territories select European markets and Canada Your access to and use of MyFord Mobile including its services and features Features are subject to these Terms and Conditions and all policies and guidelines including the Privacy Statement on www MyFordMobile com for North America or www MyFordMobile eu for Europe the MyFord Mobile App Privacy Statement and License Agreements hereafter collectively the Terms and Conditions If your electrified vehicle is equipped with a Telematics Control Module also Known as an embedded modem MyFord Mobile allows access to the following MyFord Mobile Features e Charge Programming e Control My Car e My
22. com Deutschland Ford Werke GmbH Henry Ford Str 1 50735 K ln Kundenzentrum Postfach 71 02 65 50742 K ln 49 0221 9999 2 999 kunden ford com Finland Oy Ford Ab Ayritie 24 P O Box 33 01511 Vantaa VAT number 0108254 6 Ford Customer Service 3589 725 22022 palvelut ford fi France Ford France FMC Automobiles SAS 78100 Saint Germain en Laye Centre des relations clienteles de Ford France FMC Automobiles M data 34 rue de la croix de fer 78100 Saint Germain en Laye 33 0 800 005 005 local price from a land line or mobile Italy Ford Italia S p A Andrea Argoli n 54 00143 Roma Customer Relations Center 39 800 22 44 33 tu ford com Nederland Ford Nederland B V Amsteldijk 216 217 Amsterdam Netherlands 1079 LK Customer Relations Center Postbus 795 1000 AT Amsterdam 020 50 44 646 or 707 703 777 klanten ford com Norway Ford Motor Norge AS Postboks 514 1410 Kolbotn Customer Relations Center 47 800 56 105 or 47 22 57 90 99 infonor ford com Portugal Ford Lusitana S A Avenida da Liberdada 249 6 7 andar 1250 143 Lisboa Centro de Rela es com Clientes 351 808 200 556 clientes ford com Spain Ford Espa a S L Miniparc IV Cal ndula 13 28109 Alcobendas Madrid Spain Centro de Relaciones con Clientes Tel 34 902 442 442 y correo electr nico crcspain ford com Sweden Ford Motor Company AB Box 6046 400 60 GOTEBORG Sweden Kundservice 46 31 707 10 10 fordkund
23. ction requests and e other information you have provided Vehicle information and service details may be linked to you or the email address you have linked to MyFord Mobile You will be provided with an in vehicle notice regarding GPS containing language such as the following MyFord Mobile is active It enables GPS vehicle location mapping Please advise occupants See Owner Guide for more information By pressing continue or by driving you agree to GPS mapping d Consent to Information Collection By activating or using the service you expressly consent to the collection logging storage and sharing of your vehicle information and service details for the purposes set forth above Further you agree to obtain the consent to the collection logging storage and sharing of vehicle information and service details for the purposes set forth above from any other person s to whom you provide access to and use of the vehicle If you do not consent to this do not activate or use MyFord Mobile Should you wish to withdraw your consent at a later time then you must immediately stop using MyFord Mobile and delete your account e Consent to Information Transfer 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 Such information may be transferred across country borders and used proce
24. d You must agree to these Terms and Conditions before you can access MyFord Mobile MyFord Mobile is intended to deliver content and by downloading MyFord Mobile and selecting what content you wish to receive you are soliciting such content and consenting to its receipt Please be advised that in connection with your use of MyFord Mobile airtime rates may apply Also when you activate MyFord Mobile we collect information about you including your email address and the cellular number to which you wish to link your service and you will be required to provide your name during the registration process In certain cases vehicle location data such as GPS may be collected which may be used to determine speed and travel direction See the MyFord Mobile App Privacy Statement above Further please note that to the fullest extent allowed by applicable law in no event shall Ford or any MyFord Mobile provider be liable for any direct or indirect special incidental consequential punitive or aggravated damages including without limitation damages for loss of data income profit loss of or damage to property and third party claims arising from or in connection with the use or performance of MyFord Mobile Also by using MyFord Mobile you agree to indemnify and hold harmless Ford and its affiliates and subsidiaries its respective distributors dealers dealer associations and advertising and promotions agencies together with their
25. dMobile eu for Europe or on your mobile device s MyFord Mobile App by using a valid email address with which you wish to link to your MyFord Mobile account In order to activate your MyFord Mobile account you must register your vehicle identification number VIN or the Radio Electronic Serial Number which can be found on the radio s menu Account owners can add additional users within their own account This subscription is transferable to a subsequent eligible vehicle owner b Complimentary Service Period Owners of applicable new electrified vehicles will receive up to five 5 years of complimentary MyFord Mobile service from the vehicle sale date as recorded by the dealer with yearly renewals required at www MyFordMobile com for North America or www MyFordMobile eu for Europe to continue the service This complimentary 5 year service term period is available for original owners and is fully transferrable to subsequent owners within the initial 5 year period Ford reserves the right to cancel your complimentary subscription at any time e if you are found not to be eligible e if you violate or breach any of these terms or e for any other reason in Ford s sole discretion No refunds will be given if MyFord Mobile is cancelled during the 5 year complimentary service term period c Profile Information MyFord Mobile allows you to set profile information and preferences in your account at www MyFordMobile com for North A
26. defend the rights or property of Ford Motor Company or its service providers their affiliates MyFord Mobile or e act under exigent circumstances to protect the personal safety of Ford Motor Company its service providers or their affiliates or MyFord Mobile personnel or the public In the circumstances listed above Ford and its service providers may disclose personally identifiable information without notice If you do not consent to this do not activate or use MyFord Mobile Should you wish to withdraw your consent at a later time then you must immediately stop using MyFord Mobile and delete your account g De Identified Non Personally Identifiable Information Ford may de identify certain information collected in connection with the service De Identified Information This De Identified Information does not contain any personally identifiable information De Identified Information may be used for any purpose by Ford Ford affiliates and selected contractors globally If you do not consent to the use of De Identified Information do not activate or use MyFord Mobile Should you wish to withdraw your consent at a later time then you must immediately stop using MyFord Mobile and delete your account h Privacy of Communications Over Wireless Networks Because MyFord Mobile provides service through wireless networks we cannot promise that your communications will not be intercepted by others You agree that to the fullest exte
27. dentified Information do not activate or use MyFord Mobile Should you wish to withdraw your consent at a later time then you must immediately stop using MyFord Mobile and delete your account h Privacy of Communications Over Wireless Networks Because MyFord Mobile provides service through wireless networks we cannot promise that your communications will not be intercepted by others You agree that to the fullest extent allowed by applicable law we will not be liable for any damages for any loss of privacy occurring in communication over such networks Although we will do our best to protect your personally identifiable information we cannot guarantee the security of your personally identifiable information transmitted to our sites any transmission is at your own risk When you send personally identifiable information to us Secure Socket Layers or SSL or similar technologies are used to protect your personally identifiable information while in transit All personally identifiable information you provide to us or is collected from your vehicle is encrypted in transit and stored on our service provider s secure servers Once we have received your information we will use strict procedures and security features to try to prevent unauthorised access Where we have given you or where you have chosen a password that enables you to access certain parts of the App or Features you are responsible for keeping this password confid
28. e airtime and data usage charges may apply when using MyFord Mobile 5 Scope and Availability a Availability in US EU and Canada MyFord Mobile is available in the United States excluding U S Territories Canada and select European markets Not all Features or services will be available in all markets and coverage is limited to your cellular phone coverage b Third Party Data Services MyFord Mobile uses data from third parties to provide services and the data provided including maps may not always be accurate Ford is not responsible in any way for any data provided by third parties Maps used by this system may be inaccurate because of changes in roads traffic controls or driving conditions c Service Interruptions MyFord Mobile may be unavailable or interrupted from time to time for a variety of reasons such as environmental or topographic conditions and other reasons which Ford cannot control Service might also not be available in certain places e g in tunnels parking garages or within or next to buildings or near other technologies Ford is not responsible for any interruptions of MyFord Mobile or its Features 6 Vehicle Safety Warning Operating MyFord Mobile while driving could distract your attention away from the road which could lead to an accident and serious injury Do not change MyFord Mobile settings or enter data while driving Stop the vehicle in a safe and legal manner before attemptin
29. e they are performing for Ford Ford will not share any personally identifiable information associated with the App with other third parties for their independent use however you understand and consent to Ford sharing your personally identifiable information where such action is necessary to e comply with edicts of the law or legal process served on Ford Motor Company or its service providers their affiliates e protect and defend the rights or property of Ford Motor Company or its service providers their affiliates MyFord Mobile or e act under exigent circumstances to protect the personal safety of Ford Motor Company its service providers or their affiliates or MyFord Mobile personnel or the public In the circumstances listed above Ford and its service providers may disclose personally identifiable information without notice If you do not consent to this do not activate or use MyFord Mobile Should you wish to withdraw your consent at a later time then you must immediately stop using MyFord Mobile and delete your account g De Identified Non Personally Identifiable Information Ford may de identify certain information collected in connection with the service De Identified Information This De Identified Information does not contain any personally identifiable information De Ildentified Information may be used for any purpose by Ford Ford affiliates and selected contractors globally If you do not consent to the use of De I
30. ential We ask you not to share a password with anyone i Deletion of Personally Identifiable Information Your personally identifiable information will be stored processed and shared when you re using MyFord Mobile Your personally identifiable information is retained as long as required to fulfill the purposes described in this Privacy Statement and will be deleted also by Ford and its service providers as soon as reasonably practicable after your MyFord Mobile account has been deleted except where retention is required by law or to protect or defend Ford its service providers or affiliates 10 Liability and Disputes a Limitation of Liability To the fullest extent allowed by applicable law Ford its affiliates including your local Ford Company or subsidiaries or dealers and any of its respective directors officers employees agents or other representatives shall not be liable for any direct indirect special incidental consequential punitive or aggravated damages including without limitation damages for loss of data income profit loss of or damage to property and third party claims or any other damages of any kind arising out of or in connection with MyFord Mobile any materials information qualification and recommendations appearing in MyFord Mobile any software tools tips products or services offered through contained in or advertised on MyFord Mobile any link provided on MyFord Mobile or breach
31. eplace any local traffic regulations or your personal judgment or knowledge of safe driving practices e Route Safety When using MyFord Mobile maintain your hands on the wheel and your eyes on road Driving while distracted can result in loss of vehicle control accident and injury Ford strongly recommends that drivers use extreme caution when using any device that may take their focus off the road The driver s primary responsibility is the safe operation of their vehicle Always use street signs good judgment and obey traffic laws Any navigation features are provided only as aids Make your driving decisions based on your observations of local conditions and existing traffic regulations Any such feature is not a substitute for your personal judgment Any route suggestions made by this system should never replace any local traffic regulations or your personal judgment or knowledge of safe driving practices Do not follow the route suggestions if doing so would result in an unsafe or illegal maneuver if you would be placed in an unsafe situation or if you would be directed into an area that you consider unsafe The driver is ultimately responsible for the safe operation of the vehicle and therefore must evaluate whether it is safe to follow the suggested directions f Emergency Services Do not rely on any navigation features included in the system to route you to emergency services Ask local authorities or an emergency services operat
32. ertain cases vehicle location data such as GPS may be collected which may be used to determine speed and travel direction See the MyFord Mobile App Privacy Statement above Further please note that to the fullest extent allowed by applicable law in no event shall Ford or any MyFord Mobile provider be liable for any direct or indirect special incidental consequential punitive or aggravated damages including without limitation damages for loss of data income profit loss of or damage to property and third party claims arising from or in connection with the use or performance of MyFord Mobile Also by using MyFord Mobile you agree to indemnify and hold harmless Ford and its affiliates and subsidiaries its respective distributors dealers dealer associations and advertising and promotions agencies together with their respective directors officers and shareholders employees agents or other representatives from and against all the claims liabilities damages and expenses including all legal fees and costs arising out of your use of MyFord Mobile its services or Features your breach or alleged breach of these Terms and Conditions Privacy Statements License Agreements or associated notices and or your breach or alleged violation of the intellectual property or other rights of third parties Acknowledgements The MyFord Mobile App includes software licensed under the Apache 2 0 license and developed by the following
33. ford com Switzerland Ford Motor Company Switzerland SA Geerenstrasse 10 Postfach 8304 Wallisellen Kundendienst 41 0 445 111 445 assistch ford com United Kingdom Ford Motor Company Limited Eagle Way Brentwood Essex CM13 3BW England Customer Relations Centre P O Box 7597 Daventry NN11 1DL 44 0203 564 4444 correspo ford com When you activate your MyFord Mobile account we collect information about you including your email address and the cellular number to which you wish to link your service and you will be required to provide your name during the registration process See the Privacy Statement available on the www MyFordMobile com for North America or www MyFordMobile eu for Europe c Information Collected Through MyFord Mobile When you connect your vehicle to MyFord Mobile GPS technology and vehicle modules are used to receive data referred to as vehicle information including e your vehicle s current location e travel direction and e speed and e status of vehicle charge In order to provide the Features and services you request troubleshoot problems and create a more personalized experience we and our MyFord Mobile service providers may collect use process store and share certain vehicle information and other details about your requests referred to as service details including e your cell phone number if provided e type of request e address information for driving dire
34. g e Control My Car e My Car Info and Alerts 1 Acceptance and Modification of Terms and Services a Acceptance of Terms and Conditions By indicating your consent when requested you the user User I you your agree to be bound by these Terms and Conditions whether or not you have read them If you do not agree to these Terms and Conditions you will be unable to run or activate the MyFord Mobile Features You must be at least 18 years old or the age of majority as determined by the laws of your state nation or province of residency to accept these Terms and Conditions and assume the obligations set forth in these Terms and Conditions Further you agree to make all other drivers passengers or guests of your vehicle aware of these Terms and Conditions and subject to these Terms and Conditions You are solely responsible for the use MyFord Mobile and its Features for your vehicle even if you are not the one using MyFord Mobile or Features and even if you claim later that another person s use was not authorized You can stop using MyFord Mobile at any time without any further consequences should you wish to do so By activating and using MyFord Mobile you represent that you possess a valid driver s license for operating a vehicle in your country of residence b Modification of Terms and Conditions Ford may at its sole discretion with or without notice modify these Terms and Conditions at any time and
35. g these operations 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 a 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 b Navigation Features Any navigation features included in the system are intended to provide instructions to get you to a desired destination Please make certain all persons using this system carefully read and follow instructions and safety information fully c Distraction Hazard Any navigation features may require manual non verbal setup Attempting to perform such set up or insert data while driving can seriously distract your attention and could cause an accident or other serious consequences Stop the vehicle in a safe and legal manner before attempting these operations d Driver Judgment Any navigation features are provided only as an aid Make your driving decisions based on your observations of local conditions and existing traffic regulations Any such feature is not a substitute for your personal judgment Any route suggestions made by this system should never r
36. ghts reserved Redistribution and use in source and binary forms with or without modification are permitted provided that the following conditions are met 1 Redistributions of source code must retain the above copyright notice this list of conditions and the following disclaimer 2 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 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 Copyright c 2010 2011 Christian Johansen christian cjohansen no All rights reserved Redistribution and use in source and binary forms with or without modification are permitted provided that the following conditions are
37. gion gender sexual orientation race ethnicity age or disability 6 you may not use the App 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 7 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 8 you may not use the App 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 9 you may not use the App 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 and 10 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 use the App or Features 12 Owner s Guide Before using your system read and follow all instructions and safety information provided in the end user manual Owner s Guide Not following precautions found in this Owner s Guide can lead to an accident or other serious consequences When kept in the vehicle the Owner s Guide will be a ready reference for you and other users unfamiliar with the system Please
38. gree to comply with all copyright laws worldwide in your use of this App and to prevent any unauthorized copying of its content source code or 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 for your personal non commercial use only Ford authorizes you to download the App only for your personal non commercial use All rights title and interest in the App 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 regarding this App or Features 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 MyFord Mobile 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 1 you must retain all copyright and other proprietary notices contained herein and on any permissible copy 2 you may not copy reprin
39. hone number or account You may not use anyone else s user name password VIN email address cell phone number or account at any time without the express permission and consent of the holder of that user name password VIN email address cell phone number or account To the fullest extent allowed by applicable law Ford and your dealer cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations 7 Privacy Statement a MyFord Mobile App Privacy Statement Ford Motor Company Ford us it we or our respects your privacy and is committed to protecting it The following disclosure Privacy Statement sets out the basis on which any personally identifiable information we collect from you or that you provide to us will be processed by us Please read the following carefully to understand our views and practices regarding your personally identifiable information and how we will treat it 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 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 Ford will develop a trusting and long lasting relationship with you This Statement together with our Terms and Conditions and all p
40. instructions and safety information fully c Distraction Hazard Any navigation features may require manual non verbal setup Attempting to perform such set up or insert data while driving can seriously distract your attention and could cause an accident or other serious consequences Stop the vehicle in a safe and legal manner before attempting these operations d Driver Judgment Any navigation features are provided only as an aid Make your driving decisions based on your observations of local conditions and existing traffic regulations Any such feature is not a substitute for your personal judgment Any route suggestions made by this system should never replace any local traffic regulations or your personal judgment or knowledge of safe driving practices e Route Safety When using MyFord Mobile maintain your hands on the wheel and your eyes on road Driving while distracted can result in loss of vehicle control accident and injury Ford strongly recommends that drivers use extreme caution when using any device that may take their focus off the road The driver s primary responsibility is the safe operation of their vehicle Always use street signs good judgment and obey traffic laws Any navigation features are provided only as aids Make your driving decisions based on your observations of local conditions and existing traffic regulations Any such feature is not a substitute for your personal judgment Any route suggestions made
41. is system may be inaccurate because of changes in roads traffic controls or driving conditions c Service Interruptions MyFord Mobile may be unavailable or interrupted from time to time for a variety of reasons such as environmental or topographic conditions and other reasons which Ford cannot control Service might also not be available in certain places e g in tunnels parking garages or within or next to buildings or near other technologies Ford is not responsible for any interruptions of MyFord Mobile or its Features 4 Vehicle Safety Warning Operating MyFord Mobile while driving could distract your attention away from the road which could lead to an accident and serious injury Do not change MyFord Mobile settings or enter data while driving Stop the vehicle in a safe and legal manner before attempting these operations a 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 b Navigation Features Any navigation features included in the system are intended to provide instructions to get you to a desired destination Please make certain all persons using this system carefully read and follow
42. itration Act and administered by the American Arbitration Association under its rules for the resolution of consumer related disputes or under other mutually agreed procedures pursuant to the applicable U S law Because this method of dispute resolution is personal individual and provides the exclusive method for resolving such disputes you further agree to the extent permitted by applicable laws to waive any right you may have to commence or participate in any class action or class wide arbitration against Ford related to any Claim This provision shall survive the termination of your right to use MyFord Mobile Notwithstanding the above for MyFord Mobile customers in the Netherlands this Section 8 c is subject to Ford allowing you a period of at least one month from the date when it had invoked this stipulation in writing against you to opt for dispute resolution by the court having jurisdiction under the applicable law d Governing Law Unless and to the extent local and or applicable law requires otherwise these Terms and Conditions shall be governed by and interpreted in accordance with the substantive laws of the State of Michigan United States of America without regard to any conflicting choice of law provisions You consent to the exclusive personal jurisdiction and venue of any state or federal court located in Wayne County Michigan to the extent that any court proceedings are commenced provided however that the foreg
43. l be effective immediately upon being posted If and when possible or if required by law Ford will alert you through the App in advance of modifications becoming effective Your continued use of MyFord Mobile or its Features will indicate your acceptance of these modified Terms and Conditions If you do not agree to the Terms and Conditions or any modification of the Terms and Conditions then you must immediately stop using MyFord Mobile c Retaining a Copy of These Terms and Conditions If you want to retain a copy of these Terms and Conditions please visit https www myfordmobile com legal index html and save or print them d Modification of MyFord Mobile Ford may make changes to the content of MyFord Mobile with or without notice at any time Many different and changing considerations affect the availability cost and quality of information services Accordingly Ford reserves the unrestricted right to change rearrange add or delete any content or Features with or without notice to you You always have the right to cancel your subscription to MyFord Mobile if you do not accept any change or for any reason Your continued use of MyFord Mobile and its Features following any changes will constitute your acceptance of such changes 2 Services a Service Registration In order to use the MyFord Mobile Features you must have an activated MyFord Mobile account You can create a MyFord Mobile account on www MyFordMobile co
44. laimer 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 Artur Adib nor the names of the 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 ARTUR ADIB 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 The MyFord Mobile App includes software developed by the following Copyright c 2008 Ariel Flesler aflesler at gmail dot com http flesler blogspot com Licensed under BSD http www opensource org licenses bsd license php Date 5 15 2008 Copyright 2010 2014 Vladimir Agafonkin 2010 2011 CloudMade Maps OpenStreetMap contributors All ri
45. m for North America or www MyFordMobile eu for Europe or on your mobile device s MyFord Mobile App by using a valid email address with which you wish to link to your MyFord Mobile account In order to activate your MyFord Mobile account you must register your vehicle identification number VIN or the Radio Electronic Serial Number which can be found on the radio s menu If you are the first person to associate the VIN of a vehicle equipped with an embedded modem to a MyFord Mobile account you will be required to confirm this association through an in vehicle messages Account owners can add additional users within their own account If you link your MyFord Mobile account to the VIN of a vehicle you do not own or lease you confirm you are the authorized user of the vehicle and may enter into this agreement on that basis This subscription is transferable to a subsequent eligible vehicle owner Should the need arise you can delete the vehicle from your email address and a new owner can then associate the vehicle with a new email address via the MyFord Mobile App The credentials you create as part of your account may also be utilized on certain Lincoln and other Ford Motor Company sites b Complimentary Service Period Owners of applicable new electrified vehicles will receive up to five 5 years of complimentary MyFord Mobile service from the vehicle sale date as recorded by the dealer with yearly renewals required at www MyF
46. make certain that before using the system for the first time all persons have access to the Owner s Guide and read its instructions and safety information carefully 13 More Information For more information on MyFord Mobile please see www MyFordMobile com for North America or www MyFordMobile eu for Europe If you have any questions concerns or complaints please contact your local Ford Customer Relationship Center please see section 7b for contact information By indicating your consent when requested you the user User I you or your agree to be bound by these Terms and Conditions whether or not you have read them If you do not agree to these Terms and Conditions you will be unable to run or activate the MyFord Mobile Features By accepting these Terms and Conditions you represent that you are at least 18 years old or the age of majority as determined by the laws of your state nation or province of residency to accept these Terms and Conditions and assume the obligations set forth in these Terms and Conditions Further you agree to make all other drivers passengers or guests of your vehicle aware of these Terms and Conditions and subject to these Terms and Conditions You are solely responsible for the use of the MyFord Mobile App and its Features for your vehicle even if you are not the one using the MyFord Mobile App or Features and even if you claim later that another person s use was not authorize
47. merica or www MyFordMobile eu for Europe or via the MyFord Mobile App You will be able to request alerts notifications and save locations including charge stations for use when seeking directions You may not create names that are profane or obscene Ford reserves the right to remove and or discontinue service if profane or obscene names are used and to determine in its sole discretion what content constitutes profane or obscene Note if you re a European resident all profile information you provide is transferred from the European Economic Area E E A and stored processed and made available to Ford which is certified under the U S Safe Harbor framework for profile information that is personal information and to other companies such as Ford s service providers in the United States Ford requires that such service providers provide a no less stringent level of protection in order to provide the Features and requested services d Modification Restriction or Termination of Accounts or Services Ford at its sole discretion without prior notice reserves the right to e terminate or restrict use of accounts e modify restrict or discontinue the service without notice and e remove or edit content It is the responsibility of the owner to delete transfer the MyFord Mobile account All service appointments and associated vehicle services are the responsibility of you and your dealer and should be handled in accordance with
48. 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 Christian Johansen nor the names of his contributors may be used to endorse or promote products derived from this software without specific prior written permission Copyright 2009 2011 Urban Airship Inc All rights reserved Redistribution and use in source and binary forms with or without modification are permitted provided that the following conditions are met 1 Redistributions of source code must retain the above copyright notice this list of conditions and the following disclaimer 2 Redistributions in binaryform 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 THIS SOFTWARE IS PROVIDED BY THE URBAN AIRSHIP INCAS 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 URBAN AIRSHIP INC OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT INDIRECT INCIDENTAL SPECIAL EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO PROCUREMENT OF SU
49. ng disclosure Privacy Statement sets out the basis on which any personally identifiable information we collect from you or that you provide to us will be processed by us Please read the following carefully to understand our views and practices regarding your personally identifiable information and how we will treat it 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 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 Ford will develop a trusting and long lasting relationship with you This Statement together with our Terms and Conditions and all policies and guidelines including the Privacy Statement on www MyFordMobile com for North America or www MyFordMobile eu for Europe and License Agreements applies to your use of the MyFord Mobile App digitally distributed and available at a public app marketplace App Store once you have downloaded the App onto your mobile telephone or handheld device Device inclusive of the features or services accessible through the App Features unless the Terms and Conditions states that a separate privacy statement applies to a particular Feature in which case that privacy statement only applies b Your Rights The data controller for your
50. nt allowed by applicable law we will not be liable for any damages for any loss of privacy occurring in communication over such networks Although we will do our best to protect your personally identifiable information we cannot guarantee the security of your personally identifiable information transmitted to our sites any transmission is at your own risk When you send personally identifiable information to us Secure Socket Layers or SSL or similar technologies are used to protect your personally identifiable information while in transit All personal information you provide to us or is collected from your vehicle is encrypted in transit and stored on our or our service provider s secure servers Once we have received your information we will use strict procedures and security features to try to prevent unauthorised access Where we have given you or where you have chosen a password that enables you to access certain parts of the App or Features you are responsible for keeping this password confidential We ask you not to share a password with anyone i Deletion of Personally Identifiable Information Your personally identifiable information will be stored processed and shared when you re using MyFord Mobile Your personally Identifiable Information will be deleted by Ford and its service providers as soon as reasonably practicable after your MyFord Mobile account has been deleted except where retention is required by la
51. oing shall not in any way diminish or limit any mediation and arbitration provisions set forth in these Terms and Conditions The United Nations Convention on Contracts for the International Sale of Goods shall not apply Notwithstanding the above these Terms and Conditions should be read in conjunction with mandatory national consumer and data protection laws applicable in your usual place of residence Courts under the jurisdiction of your usual place of residence are competent for any action arising from the use of MyFord Mobile or these Terms and Conditions For MyFord Mobile customers in the Netherlands this Section 8 d is subject to Ford allowing you a period of at least one month from the date when it had invoked this stipulation in writing against you to opt for dispute resolution by the court having jurisdiction under the applicable law 11 MyFord Mobile License Agreements 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 including the selection coordination and arrangement of the App 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 a
52. olicies and guidelines including the Privacy Statement on www MyFordMobile com for North America or www MyFordMobile eu for Europe and License Agreements applies to your use of the MyFord Mobile App digitally distributed and available at a public app marketplace App Store once you have downloaded the App onto your mobile telephone or handheld device Device inclusive of the features or services accessible through the App Features unless the Terms and Conditions states that a separate privacy statement applies to a particular Feature in which case that privacy statement only applies b Your Rights The data controller for your region is listed below You can exercise your rights to access or request information we hold about you or to rectify cancel block erase or oppose as applicable any personal data about you that has not been processed in accordance with applicable laws Your application shall be made in writing with evidence of your identity by sending a notice to the address of your local Ford Customer Relationship Center as listed below In accordance with local law there may be a small charge for providing requested information or a limit on the number of requests you may make Please contact your local Ford Customer Relationship Center for more information Belgium Ford Motor Company Belgium N V Avenue du Hunderenveldiaan 10 1082 Brussel Customer Relation Centre 32 0 2 482 2626 custfobe ford
53. ons whether or not you have read them If you do not agree to these Terms and Conditions you will be unable to run or activate the MyFord Mobile Features By accepting these Terms and Conditions you represent that you are at least 18 years old or the age of majority as determined by the laws of your state nation or province of residency to accept these Terms and Conditions and assume the obligations set forth in these Terms and Conditions Further you agree to make all other drivers passengers or guests of your vehicle aware of these Terms and Conditions and subject to these Terms and Conditions You are solely responsible for the use of the MyFord Mobile App and its Features for your vehicle even if you are not the one using the MyFord Mobile App or Features and even if you claim later that another person s use was not authorized You must agree to these Terms and Conditions before you can access MyFord Mobile MyFord Mobile is intended to deliver content and by downloading MyFord Mobile and selecting what content you wish to receive you are soliciting such content and consenting to its receipt Please be advised that in connection with your use of MyFord Mobile airtime rates may apply Also when you activate MyFord Mobile we collect information about you including your email address and the cellular number to which you wish to link your service and you will be required to provide your name during the registration process In c
54. or for these locations Not all emergency services such as police fire stations hospitals and clinics are likely to be contained in the map database for such navigation features g Messaging MyFord Mobile may send text messages or Push Notifications to the driver s cell phone Such messages are intended to be read in a safe manner such as when the vehicle is not moving Do not read text messages or Push Notifications while driving You agree to comply with all applicable federal local and provincial state or national laws 7 Text Messages or Push Notifications a Registration Based on the notifications preferences that you select at www MyFordMobile com for North America or www myfordmobile eu for Europe MyFord Mobile may send SMS text messages or Push Notifications to your registered mobile phone By enabling text messages or Push Notifications you e certify that you are the mobile phone account holder or have the account holder s permission to do so and e expressly consent to MyFord Mobile sending and you receiving text messages or Push Notifications in accordance with the MyFord Mobile App Privacy Statement Message and Data Rates may apply b Opt Out Ford is obtaining your consent on behalf of MyFord Mobile The contact mailing address telephone number and email address for MyFord Mobile are set out in the MyFord Mobile App Privacy Statement below You may opt out of receiving MyFord Mobile text message
55. ordMobile com for North America or www MyFordMobile eu for Europe to continue the service This complimentary 5 year service term period is available for original owners and is fully transferrable to subsequent owners within the initial 5 year period Ford reserves the right to cancel your complimentary subscription at any time e if you are found not to be eligible e if you violate or breach any of these terms or e for any other reason in Ford s sole discretion No refunds will be given if MyFord Mobile is cancelled during the 5 year complimentary service term period c Profile Information MyFord Mobile allows you to set profile information and preferences in your account at www MyFordMobile com for North America or www MyFordMobile eu for Europe or via the MyFord Mobile App You will be able to request alerts notifications and save locations including charge stations for use when seeking directions You may not create names that are profane or obscene Ford reserves the right to remove and or discontinue service if profane or obscene names are used and to determine in its sole discretion what content constitutes profane or obscene Note if you re a European resident all profile information you provide is transferred from the European Economic Area E E A and stored processed and made available to Ford and to other companies such as Ford s service providers in the United States Ford requires that such service pro
56. ou do not consent to this do not activate or use MyFord Mobile Should you wish to withdraw your consent at a later time then you must immediately stop using MyFord Mobile and delete your account e Consent to Information Transfer 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 Such information may be transferred across country borders and used processed and disclosed in global locations that may have different levels of privacy protection than in your own country Ford requires its service providers within and outside the European Economic Area E E A to apply appropriate safeguards for the processing storage and transmission of personally identifiable information If you do not consent to this do not activate or use MyFord Mobile Should you wish to withdraw your consent at a later time then you must immediately stop using MyFord Mobile and delete your account f Information Shared with Third Parties You understand and consent to your personally identifiable information being shared with MyFord Mobile service providers including mapping and cloud network providers Ford s MyFord Mobile service providers are required to keep personally identifiable information confidential and are not permitted to use this information for any other purpose than to carry out the servic
57. r 78100 Saint Germain en Laye 33 0 800 005 005 local price from a land line or mobile Italy Ford Italia S p A Andrea Argoli n 54 00143 Roma Customer Relations Center 39 800 22 44 33 tu ford com Nederland Ford Nederland B V Amsteldijk 216 217 Amsterdam Netherlands 1079 LK Customer Relations Center Postbus 795 1000 AT Amsterdam 020 50 44 646 or 707 703 777 klanten ford com Norway Ford Motor Norge AS Postboks 514 1410 Kolbotn Customer Relations Center 47 800 56 105 or 47 22 57 90 99 infonor ford com Portugal Ford Lusitana S A Avenida da Liberdada 249 6 7 andar 1250 143 Lisboa Centro de Rela es com Clientes 351 808 200 556 clientes ford com Spain Ford Espana S L Miniparc IV Cal ndula 13 28109 Alcobendas Madrid Spain Centro de Relaciones con Clientes Tel 34 902 442 442 y correo electr nico crcspain ford com Sweden Ford Motor Company AB Box 6046 400 60 GOTEBORG Sweden Kundservice 46 31 707 10 10 fordkund ford com Switzerland Ford Motor Company Switzerland SA Geerenstrasse 10 Postfach 8304 Wallisellen Kundendienst 41 0 445 111 445 assistch ford com United Kingdom Ford Motor Company Limited Eagle Way Brentwood Essex CM13 3BW England Customer Relations Centre P O Box 7597 Daventry NN11 1DL 44 0203 564 4444 correspo ford com United States of America Ford Motor Company 1 American Rd Dearborn MI 48126 Customer Relationship Center P
58. rd Mobile Notwithstanding the above for MyFord Mobile customers in the Netherlands this Section 8 c is subject to Ford allowing you a period of at least one month from the date when it had invoked this stipulation in writing against you to opt for dispute resolution by the court having jurisdiction under the applicable law d Governing Law Unless and to the extent local and or applicable law requires otherwise these Terms and Conditions shall be governed by and interpreted in accordance with the substantive laws of the State of Michigan United States of America without regard to any conflicting choice of law provisions You consent to the exclusive personal jurisdiction and venue of any state or federal court located in Wayne County Michigan to the extent that any court proceedings are commenced provided however that the foregoing shall not in any way diminish or limit any mediation and arbitration provisions set forth in these Terms and Conditions The United Nations Convention on Contracts for the International Sale of Goods shall not apply Notwithstanding the above these Terms and Conditions should be read in conjunction with mandatory national consumer and data protection laws applicable in your usual place of residence Courts under the jurisdiction of your usual place of residence are competent for any action arising from the use of MyFord Mobile or these Terms and Conditions For MyFord Mobile customers in the Netherlands
59. s title and interest in the App 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 regarding this App or Features 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 MyFord Mobile 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 1 you must retain all copyright and other proprietary notices contained herein and on any permissible copy 2 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 3 you may not nor allow third parties on your behalf to commercially exploit the App Features or underlying data including without limitation creating derivative works of the content Features Materials use any data mining robots or similar data gathering and extraction tools on the App create a database systematically download store any or all of the materials from
60. s at any time by calling your local Ford Customer Relationship Center please see Section 7 b below for local contact information or in North America at 1 800 392 3673 You may opt out of receiving Push Notifications by turning them off in your mobile phone s settings or by turning off notifications in the App 8 Account Security and Passwords You are entirely responsible for maintaining the confidentiality of your MyFord Mobile account information including your password and for any and all activity that occurs under your account You agree to notify Ford immediately of any unauthorized use of your account or password or any other breach of security However you may be held liable for losses incurred by Ford or your dealer due to someone else using your user name password cell phone number or account You may not use anyone else s user name password VIN email address cell phone number or account at any time without the express permission and consent of the holder of that user name password VIN email address cell phone number or account To the fullest extent allowed by applicable law Ford and your dealer cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations 9 Privacy Statement a MyFord Mobile App Privacy Statement Ford Motor Company Ford us it we or our respects your privacy and is committed to protecting it The followi
61. ssed and disclosed in global locations that may have different levels of privacy protection than in your own country Ford is Safe Harbor certified in the United States for the personally identifiable information you provide in connection with the service and requires its service providers within and outside the European Economic Area E E A to apply appropriate safeguards for the processing storage and transmission of personally identifiable information If you do not consent to this do not activate or use MyFord Mobile Should you wish to withdraw your consent at a later time then you must immediately stop using MyFord Mobile and delete your account f Information Shared with Third Parties You understand and consent to your personally identifiable information being shared with MyFord Mobile service providers Ford s MyFord Mobile service providers are required to keep personally identifiable information confidential and are not permitted to use this information for any other purpose than to carry out the service they are performing for Ford Ford will not share any personally identifiable information associated with the App with other third parties for their independent use however you understand and consent to Ford sharing your personally identifiable information where such action is necessary to e comply with edicts of the law or legal process served on Ford Motor Company or its service providers their affiliates e protect and
62. such modifications will be effective immediately upon being posted If and when possible or if required by law Ford will alert you through the App in advance of modifications becoming effective Your continued use of MyFord Mobile or its Features will indicate your acceptance of these modified Terms and Conditions If you do not agree to the Terms and Conditions or any modification of the Terms and Conditions then you must immediately stop using MyFord Mobile c Retaining a Copy of These Terms and Conditions If you want to retain a copy of these Terms and Conditions please save or print them d Modification of MyFord Mobile Ford may make changes to the content of MyFord Mobile with or without notice at any time Many different and changing considerations affect the availability cost and quality of information services Accordingly Ford reserves the unrestricted right to change rearrange add or delete any content or Features with or without notice to you You always have the right to cancel your subscription to MyFord Mobile if you do not accept any change or for any reason Your continued use of MyFord Mobile and its Features following any changes will constitute your acceptance of such changes 2 Services a Service Registration In order to use the MyFord Mobile Features you must have an activated MyFord Mobile account You can create a MyFord Mobile account on www MyFordMobile com for North America or www MyFor
63. t 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 3 you may not nor allow third parties on your behalf to commercially exploit the App Features or underlying data including without limitation creating derivative works of the content Features Materials use any data mining robots or similar data gathering and extraction tools on the App 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 4 you may not transfer the App 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 5 you may not use the App 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 reli
64. 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 4 you may not transfer the App 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 5 you may not use the App 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 6 you may not use the App 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 7 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 8 you may not use the App as a means to engage in conduct that reflects poorly upon disparages or devalues Ford
65. the specific language governing permissions and limitations under the License The MyFord Mobile App includes software developed by Copyright 2009 Matt Gallagher All rights reserved The MyFord Mobile App includes software developed by Copyright c 2012 Artur Adib lt aadib mozilla com gt All rights reserved You may use this project under the terms of the New BSD license as follows 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 Artur Adib nor the names of the 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 ARTUR ADIB BE LIABLE FOR ANY DIRECT INDIRECT INCIDENTAL SPECIAL EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO PROCUREMENT OF SUBSTIT
66. the termination of these Terms and Conditions and of your right to use MyFord Mobile c Dispute Resolution All claims disputes or controversies whether in contract or tort pursuant to statute or regulation or otherwise and whether pre existing present or future arising out of or relating to e these Terms and Conditions Privacy Statement License Agreements and associated notices e errors associated with MyFord Mobile e any advertisement or promotion relating to MyFord Mobile its services or Features or the MyFord Mobile App e MyFord Mobile transactions or e the relationship which results from these Terms and Conditions including relationships with third parties who are not party to these Terms and Conditions collectively Claims will be referred to and determined by binding arbitration governed by the Federal Arbitration Act and administered by the American Arbitration Association under its rules for the resolution of consumer related disputes or under other mutually agreed procedures pursuant to the applicable U S law Because this method of dispute resolution is personal individual and provides the exclusive method for resolving such disputes you further agree to the extent permitted by applicable laws to waive any right you may have to commence or participate in any class action or class wide arbitration against Ford related to any Claim This provision shall survive the termination of your right to use MyFo
67. the termination of your right to use MyFord Mobile By using MyFord Mobile you acknowledge that you will be fully liable for all damages resulting directly or indirectly from the use of MyFord Mobile THERE ARE NO WARRANTIES PROVIDED IN CONNECTION WITH MYFORD MOBILE OTHER THAN THOSE THAT MAY EXPRESSLY BE PROVIDED FOR YOUR NEW VEHICLE b Indemnification You agree to indemnify and hold harmless Ford and its affiliates and subsidiaries their respective distributors dealers dealer associations and advertising and promotions agencies together with their respective directors officers and shareholders employees agents or other representatives from and against all the claims liabilities damages and expenses including all legal fees and costs arising out of your use of MyFord Mobile or its services or Features your breach or alleged breach of these Terms and Conditions Privacy Statement License Agreements or associated notices and or your breach or alleged violation of the intellectual property or other rights of third parties Ford reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you and in such case you agree to cooperate with Ford s defense of such claim You acknowledge and agree that Ford has no responsibility or obligation in the investigation defense settlement or discharge of a third party s intellectual property infringement claim This provision shall survive
68. 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 12212015
69. viders provide a no less stringent level of protection in order to provide the Features and requested services 3 Modification Restriction or Termination of Accounts or Services Ford at its sole discretion without prior notice reserves the right to e terminate or restrict use of accounts e modify restrict or discontinue the service without notice and e remove or edit content It is the responsibility of the owner to delete transfer the MyFord Mobile account All service appointments and associated vehicle services are the responsibility of you and your dealer and should be handled in accordance with your dealer s service policy Once you have activated MyFord Mobile you may deactivate the account by performing a factory reset deleting any vehicles associated with the account or by allowing another user to assume the account and deleting yourself from it at www MyFordMobile com for North America or www MyFordMobile eu for Europe If you are a new owner of a pre owned Ford you may register and take over the previously linked VIN by associating it to your email address at www MyFordMobile com or www MyFordMobile eu as applicable or via the MyFordMobile App If the vehicle and its associated VIN is preowned we recommend that you perform a master reset upon taking possession of the vehicle to remove it from any existing MyFord Mobile accounts 4 Charges MyFord Mobile is offered complimentary However cell phon
70. w or to protect or defend Ford its service providers or affiliates 8 Liability and Disputes a Limitation of Liability To the fullest extent allowed by applicable law Ford its affiliates or subsidiaries or dealers and any of its respective directors officers employees agents or other representatives shall not be liable for any direct indirect special incidental consequential punitive or aggravated damages including without limitation damages for loss of data income profit loss of or damage to property and third party claims or any other damages of any kind arising out of or in connection with MyFord Mobile any materials information qualification and recommendations appearing in MyFord Mobile any software tools tips products or services offered through contained in or advertised on MyFord Mobile any link provided on MyFord Mobile or breach of any account and password whether or not Ford has been advised of the possibility of such damages Furthermore in no event shall any MyFord Mobile provider be liable for any indirect special incidental consequential punitive or aggravated damages including without limitation damages for loss of data income profit loss of or damage to property and third party claims arising from or in connection with the use or performance of such services This exclusion of liability shall apply to the fullest extent permitted by applicable law This provision shall survive

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