Program Terms and Conditions
THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND FORD MOTOR COMPANY. THE ARBITRATION AGREEMENT SECTION BELOW INCLUDES AN ARBITRATION AGREEMENT, WHICH MEANS THAT YOU AND FORD AGREE TO SUBMIT ANY DISPUTE TO BINDING ARBITRATION RATHER THAN PROCEEDING IN COURT, WITH THE EXCEPTION OF CERTAIN SPECIFIED INTELLECTUAL PROPERTY CLAIMS AND SMALL CLAIMS NOTED BELOW. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT, YOU WILL BE PERMITTED TO PURSUE CLAIMS OR SEEK RELIEF AGAINST FORD ONLY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
PLEASE READ THIS AGREEMENT CAREFULLY. BY THROUGH YOUR USE OF A FORD MOTOR COMPANY TEXT MESSAGE PROGRAM THAT LINKS TO THESE PROGRAM TERMS AND CONDITIONS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN, INCLUDING THE ARBITRATION AND CLASS ACTION WAIVER IN THE ARBITRATION AGREEMENT SECTION BELOW.
Ford autodialed texts are text messages that use equipment that can dial numbers that are stored or produced by random or sequential number generators.
By consenting to receive autodialed Program text(s) that contain ads from a Ford Motor Company program, whether by replying Y, or as otherwise directed to confirm consent, to a Ford text message or by registering your consent online, you agree that Ford may deliver or cause to be delivered autodialed telemarketing text(s) to the phone number you have provided, or in the case of a text consent, the number associated with your device. You are under no obligation to enter into this agreement, and agreeing to receiving autodialed telemarketing text(s) is not required for purchasing any property, goods, or services from Ford.
Your Mobile Telephone Number
You represent that you are the account holder for the mobile telephone number(s) that you provide. You are responsible for notifying Ford immediately if you change your mobile telephone number. You may notify Ford of a number change by contacting us at 800-392-3673.
Access or Delivery to Mobile Network Is Not Guaranteed
Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of Ford’s control, and Ford is not responsible or liable for issues arising from them.
Consent to Electronic Communications
By consenting to receive autodialed text(s) that contain ads from Ford, you also agree that Ford may use electronic documents and records when obtaining your consent to receive autodialed telemarketing texts(s) from Ford. You agree that the use of electronic records satisfies any legal obligations Ford has to provide information about your consent to you in writing. If you do not agree to this, do not consent to receiving autodialed text ad(s) from Ford. You have the right to receive a paper copy of all documents that Ford is legally required to deliver to you in writing. You can 1) request a paper copy of such documents, including the agreement to receive autodialed telemarketing text from Ford, 2) withdraw your consent to the use of electronic records, or 3) update your contact information by calling the Ford Customer Relationship Center at 1-800-392-3673.
Requirements for Consent Obtained by Text Message.
If you are registering your consent via text message (i.e., by replying Y, or as otherwise directed, to a text from Ford), you must have certain equipment in order to receive the electronic records associated with your consent to receiving autodialed telemarketing text(s) from Ford. You need a device capable of accessing wireless networks and receiving and displaying text messages. To retain the records, your device must have the ability to store text messages. In receiving the text message from Ford and replying Y, you are indicating your signature to and acceptance of this notice as well as confirming that your device meets the above receipt, access, and retention requirements.
Requirements for Consent Given Online.
If you are registering your consent online, you must have certain equipment and software in order to receive the electronic records associated with your consent to receiving autodialed telemarketing text(s) from Ford. You will need either a web browser equivalent to what you are now using to view this web page or other currently supported browser operating systems. You will need computer hardware and software that is required to run the particular browser. To retain your records, you must have computer hardware and software capable of saving the web page viewed by your web browser. You may also print the records if you have a printer and appropriate hardware and software for printing pages viewed by your browser. In registering your consent online, you are indicating your signature to and acceptance of this notice as well as confirming that you have equipment meeting the above receipt, access, and retention requirements.
Message and data rates may apply to each text message sent or received in connection with Ford text messages, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans), in addition to any applicable roaming charges. Ford does not impose a separate fee for sending text messages.
How to Opt-Out
To stop receiving text messages from a specific Ford program, text STOP to the five digit short code for the Program (i.e., the five digit number from which the Program text messages are being sent). You will then receive confirmation of your opt-out.
Termination of Text Messaging
Ford may suspend or terminate your receipt of text messages from a specific Ford program if Ford believes you are in breach of these SMS Program Terms and Conditions. Your receipt of text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. Ford reserves the right to modify or discontinue, temporarily or permanently, all or any part of a text message program, with or without notice.
THIS ARBITRATION AGREEMENT MEANS THAT YOU AND WE AGREE TO SUBMIT ANY DISPUTE, AS DESCRIBED BELOW, TO BINDING ARBITRATION RATHER THAN PROCEEDING IN COURT.
PLEASE REVIEW THIS ARBITRATION AGREEMENT CAREFULLY. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO ALL OF THE TERMS SET FORTH HEREIN.
DEFINITIONS FOR THE ARBITRATION PROVISION: “Us” or “We” shall mean Ford, the Seller, their Assignees, and their employees, directors, officers, agents, predecessors, successors, subsidiaries, and affiliates. “You” shall include yourself, any co-purchaser, any member of your household, users or occupants of the vehicle, and/or your successors and beneficiaries. “Party” shall mean either You or Us.
AGREEMENT TO ARBITRATE: Arbitration is a method of resolving any claim, dispute, or controversy (regardless of the legal theory or source of law at issue) (collectively, a "Claim") without filing a lawsuit in court. Through your use of Quick Lane, You and We agree that all Claims that in any way relate to, or arise out of, this contract or any related transaction or relationship (including with the dealer) or your purchase, lease, or use of your vehicle or any services offered, sold, or purchased in connection with your vehicle shall be resolved exclusively through final and binding arbitration. Claims regarding the validity, application, scope, enforceability, or interpretation of the Arbitration Provision shall be decided by an arbitrator. However, the validity, application, scope, and enforceability of the waiver of class action rights shall be decided by a court, not by an arbitrator.
Each Party may bring Claims against the other only on an individual basis and not as a plaintiff or class member in a class, representative, or private attorney general action. The arbitrator may not preside over any consolidated, representative, class, or private attorney general action involving You and Us. The arbitrator may award relief only in favor of You or Us and only to the extent necessary to provide relief necessitated by the Claims brought by You or Us.
RIGHTS YOU AND WE AGREE TO GIVE UP: By agreeing to arbitrate, You and We agree to waive the following rights:
·RIGHT TO A TRIAL, WHETHER BY A JUDGE OR JURY (EXCEPT TO THE EXTENT DESCRIBED IN THE PARAGRAPH ENTITLED “RIGHTS YOU AND WE DO NOT GIVE UP”)
·RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION
·RIGHT TO APPEAL THE DECISION OF AN ARBITRATOR (EXCEPT TO THE EXTENT DESCRIBED IN THE PARAGRAPH ENTITLED “RIGHTS YOU AND WE DO NOT GIVE UP”)
·OTHER RIGHTS THAT ARE AVAILABLE IN A COURT (INCLUDING ANY RIGHTS TO COURT-ORDERED DISCOVERY)
RIGHTS YOU AND WE DO NOT GIVE UP: Neither Party waives the right to: 1) file bankruptcy in court; 2) enforce a security interest in the vehicle by repossession or in court; 3) take legal action in court to enforce the arbitrator’s decision; 4) request that a court review whether the arbitrator exceeded its authority; 5) seek remedies in court to protect intellectual property rights (such as its patent, copyright, trademark, trade secret, or moral rights, but not including its privacy or publicity rights); 6) seek remedies in small claims court for Claims within that court’s jurisdiction; 7) seek remedies in court for any Claim in which a physical injury to person or persons (including wrongful death, but excluding mental or psychological injuries unaccompanied by tangible physical injuries) is plausibly alleged so long as the matter advances only on an individual (non-class, non-representative) basis; and 8) seek remedies before any regulatory agency or commission.
ADDITIONAL TERMS APPLICABLE TO THE ARBITRATION PROVISION: Unless otherwise agreed, the American Arbitration Association (“AAA”), 1-800-778-7879 (www.adr.org) shall conduct the arbitration. If there is a conflict between AAA’s Rules and this contract, this contract shall govern. This contract is subject to the Federal Arbitration Act (9 U.S.C. § 1 et seq.). The arbitration decision shall be in writing with a supporting opinion. We will pay your total reasonable arbitration filing, administration, service, case management, arbitrator, or hearing fee in excess of $200, unless You agree to pay one half of the total or unless the arbitration rules require otherwise. Each Party shall be responsible for its own attorney, expert and other fees, unless awarded by the arbitrator under applicable law.
Any portion of this Arbitration Provision that is unenforceable shall be severed, and the remaining portions shall be enforced. If the waiver of class action rights is deemed unenforceable in connection with a Claim involving class allegations, the entire Arbitration Provision shall be unenforceable.
If multiple Claims are asserted in one action and one or more of those Claims would not be subject to arbitration, You and We agree that the Claims that would not be subject to arbitration must be stayed until all Claims that are subject to arbitration have been resolved. You and We also agree that if Claims are asserted against multiple parties, some of whom are not required to arbitrate, the Claims subject to arbitration must be severed.
You and We agree that discovery shall be limited and shall not exceed the scope contemplated by the Federal Rules of Civil Procedure with discovery to be cost effective and proportionate. In any arbitration in which You or We contend that recovery, if granted, would exceed $25,000, the arbitrator must apply the Federal Rules of Evidence. You and We agree that the cost of discovery shall be borne by the party requesting the discovery—except that initial and low-cost discovery (i.e., the discovery that can be responded to within the first ten hours of work by the responding party) shall be performed at the cost of the responding party.
You and We further agree that in any action involving allegations of personal injuries or wrongful death, the laws of the State of Michigan, excluding its conflicts of law provisions, shall apply, including in relation to the availability and amount of any compensatory damages and the law governing the availability or lack thereof of punitive damages. Notwithstanding any choice of law or other provision, You and We agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA is found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the State of Michigan.
You and We agree that this Arbitration Agreement includes any claim arising out of the vehicle use or purchase, including any Claims from a breach of an implied or express warranty, or any other claim regarding vehicle quality, service or repair, including any state-specific warranty protections or so-called “lemon law” statutes.
The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity (including, where applicable, damages so long as they are based on evidence of actual damages You have sustained).
To the extent allowed by law, You and We agree to waive federal or state statutes that purport to restrict parties’ agreements to rely on private arbitration to resolve Claims.
In all arbitrations, the arbitrator must give effect to applicable statutes of limitations.
You and We further agree that the arbitrator shall determine the warranty period based on the language in the New Vehicle Warranty provided at the time of sale, and based on an understanding that the implied warranty period does not extend beyond the fixed duration of the express warranty period. You and We further agree that the warranty period is not extended or triggered anew by Claims or complaints by You, or repair attempts by Us, or vehicle flaws or defects discovered at any point after the time of sale.