November 17, 2019
PAYMENT TERMS AND CONDITIONS
The following terms (“Payment Terms”) apply to the payment features (collectively, “Wallet”) of designated Lincoln and Ford mobile apps and websites, which allow you to make purchases and pay for goods or services through your stored Payment Methods (as defined below). We refer to these features generally as the “Payment” features. The Payment features are maintained and operated by Ford, Lincoln, or their third-party payment service providers.
If you use the same login information for FordPass and Lincoln Way, your Payment Methods will automatically be synced when you access the Payment features of the other apps and websites.
By clicking “I accept,” you:
• agree to be bound by these Payment Terms;
• represent that you are 18 years of age or older and capable of entering into a legally binding agreement; and
• authorize Ford and Lincoln to verify the validity of your Payment Methods and to process and transmit your Payment Method information to facilitate transactions as described below.
We may modify the Payment Terms at any time. We will alert you through the app, website, and/or by email of any material changes to the Payment Terms, and allow you an opportunity to accept the updated terms. Modifications will be effective immediately upon being posted on the app and/or website or on a future date as we may specify, and your continued use indicates your acceptance of the modified Payment Terms. If you do not agree to the Payment Terms or any modifications to the Payment Terms or features, your only option is to stop using the Payment features.
We reserve the right to update, modify, suspend, or discontinue any part of the Payment features at any time without any notice or obligation to you. Payment features may not be available during maintenance breaks and other times.
a. Account Registration
To use the Payment features, you must register a valid credit card, debit card, or an eligible bank account (if ACH payments are enabled) (“Payment Method”). Our registration process asks you for your name, address, credit card, debit card, or bank account number(s) and associated information necessary to validate and process payments with the Payment Method. All information provided during registration must be current, accurate and complete.
You authorize Ford and Lincoln to confirm that your Payment Method is valid, including by submitting a payment authorization request or a low dollar authorization credit and/or debit, in accordance with the relevant rules of that Payment Method, such as the network rules of Visa, MasterCard, American Express or Discover (“Network”). If we submit a low dollar authorization for your credit or debit card, your card is not actually being charged, and any temporary charge shown on your account will disappear in a few days.
b. How Payments Work / Our Role
The Payment features let you make payments using your stored Payment Method for goods and services offered by Ford or third-party merchants, including Ford dealers (“Merchants”). The Payment features use services and technology provided by third-party payment service providers, which are subject to change at any time.
You acknowledge and agree that when you make a purchase using the Payment features (“Transactions”), the Transaction is solely between you and the Merchant, which may or may not be Ford or Lincoln as specified for each Transaction. You authorize our payment service providers to collect, analyze and relay information generated in connection with Transactions. Transactions are subject to the terms and conditions governing your Payment Method and to any agreements between you and your financial institution.
c. Supported Payment Methods
Most US-issued credit and debit cards with a Network brand can be used with the Payment features, though certain card types may not be used. In some cases, you may also be able to store your bank account and routing information to enable make ACH transactions from your account using the Payment features. Eligible Payment Methods are subject to change at any time.
d. Recurring Payments
If a Merchant offers you the ability to use the Payment features to make recurring payments on a monthly or other periodic basis, such as a subscription or a car payment (“Recurring Payments”), you may do so by following the prompts and providing the requested information. You authorize the Merchant to charge your selected Payment Method on the specified schedule. Unless otherwise stated, your Recurring Payments and the relevant billing authorization will continue indefinitely until you cancel.
e. Transaction History
When you make a payment using the Payment features, we will update your activity on the website or app where you utilized the Payment features and provide you a Transaction confirmation. In some instances, the Transaction confirmation may serve as your receipt and the Transaction also will appear on your card or account statement. Except as otherwise required by law or by the terms of another agreement between us, you are solely responsible for (a) compiling and retaining permanent records of all Transactions and other data associated with your use of the Payment features, and (b) reconciling all transaction information associated with the Payment features. If you believe that there is an error or unauthorized Transaction activity, you agree to contact us immediately.
Except as set forth in the Payment Terms, all Transactions are non-refundable and non-reversible. You may have additional refund or charge-back rights based on a Merchant’s policies or under your agreement with your financial institution or applicable state and federal laws. You should review your periodic statement received from your financial institution to verify your Transactions.
g. Customer Service
We provide customer service for issues relating to how the Payment features work. For other issues – like pricing of goods and services, order fulfillment and cancellation, returns and refunds, product functionality or technical support, contact the appropriate Merchant. For issues related to your Payment Method, contact your financial institution.
h. Periods of Inactivity
If our records indicate that you have not used the Payment features for at least six (6) months (or another period that we may specify), we may disable your access to the Payment features.
i. Suspension or Termination
We may suspend or terminate your access to the Payment features for any reason or no reason at any time upon notice to you. Without limiting the foregoing, we may also suspend your access to any Payment features if (a) you have violated the Payment Terms, (b) you pose an unacceptable fraud risk to us, (c) you provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct, or (d) we notice suspicious activity.
j. Effect of Termination
We will not be liable to you or any third party for compensation, reimbursement, or damages in connection with your use of the Payment features, or any termination or suspension of the Payment features or your access to it, including with respect to any deletion of your information or account data. If your Payment account is terminated for any reason or no reason, you agree (a) to continue to be bound by the Payment Terms and remain responsible for any Transactions you have processed through the Payment features, (b) to immediately stop using the Payment features, and (c) that we reserve the right (but have no obligation) to delete all of your information and account data stored on our servers.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PAYMENT FEATURES IS AT YOUR OWN DISCRETION AND RISK, AND NONE OF FORD, LINCOLN, THEIR EMPLOYEES AND SUPPLIERS, OR THE PAYMENT SERVICE PROVIDERS ARE RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOUR USE OF THE PAYMENT FEATURES, INCLUDING WITHOUT LIMITATION, ANY FAILURE TO COMPLETE TRANSACTIONS IN ACCORDANCE WITH YOUR INSTRUCTIONS.
l. Indemnity and Release
By using the Payment features, you agree that you will defend, indemnify, release and hold harmless us and our subsidiaries and affiliates, their respective distributors, dealers, dealer associations, suppliers, licensors, partners and advertising and promotions agencies, from and against any liabilities, claims, damages and expenses (including reasonable attorneys’ fees and costs) arising out of any use of the Payment features by or through you, your breach or alleged breach of the Payment Terms, or your violation or alleged violation of the patent, copyright, trademark, proprietary or other rights of third parties. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and, in such case, you shall agree to cooperate with our defense of such claim.
You acknowledge and agree that your app store provider has no liability, responsibility or obligation to you, including with respect to the investigation, defense, settlement or discharge of a third party’s intellectual property infringement claim.
The Payment Terms, together with the FordPass Terms and Conditions, and any additional terms to which you agree when using particular elements of FordPass, constitute the entire agreement regarding the Payment features. The Payment Terms are governed by, and construed in accordance with, the laws of the State of Michigan (except in relation to any conflict of law provisions thereof), except to the extent local law requires otherwise. Unless local law mandates otherwise, all lawsuits arising from or relating to the Payment Terms shall be brought in the Federal or State courts located in Wayne County, Michigan. If a court determines that any term or condition is illegal, invalid, or unenforceable, then such term will be eliminated and the remaining terms and conditions will remain in full force and effect. Our failure to exercise or enforce any right or provision of the Payment Terms shall not constitute a waiver of such right or provision.
n. Contact Us
If you have any questions, comments, or claims regarding the Payment features, you may contact us by finding your local contact information by going to the Contact US Page by clicking here or contacting us in the U.S. at:
800-521-4140 (Lincoln U.S.)
800-392-3673 (Ford U.S.)
800-232-5952 (TDD for the hearing impaired)
Available M-F 8:00 am - 5:00 pm ET
Available Sat. 9:00 am – 5:30 pm ET
Lincoln Motor Company / Lincoln Concierge
Ford Motor Company / Customer Relationship Center
P.O. Box 6248
Dearborn, MI 48126
Date: March 20, 2020
FORD VEHICLE ORDER U.S. PROGRAM TERMS AND CONDITIONS
If you object to any of these Terms, your sole recourse is to stop using the Program.
You will configure a Ford vehicle (the “Vehicle”) through the Order Process (“Order Process”). By completing the Order Process, you are not purchasing a vehicle. The Order Process allows you to configure a Vehicle and pay the Order Deposit (“Order Deposit”) directly to an authorized Ford Dealer (“Dealer”). By paying an Order Deposit, you are agreeing to the Dealer’s selling price for your selected vehicle, which may differ from the MSRP. The Dealer’s final selling price may be subject to change. Unless otherwise indicated, MSRP is the manufacturer suggested retail price and does not include destination/delivery fee plus government fees and taxes, trade-in, any finance charges, any dealer processing charge, any electronic filing charge, and any emission testing charge. Optional equipment not included.
If you made a Reservation for the Vehicle, once the Order Deposit has been paid to your Dealer, Ford will initiate a refund of your Reservation Deposit to your credit card (or original method of payment). You should receive the credit within 10 business days, depending on your card issuer’s policies.
2. Order Process.
In order to complete the Order Process, you will be required to (1) create and/or login to your Ford account, (2) submit certain information to Ford, (3) select a Dealer, and (4) pay an Order Deposit to the Dealer. The Dealer will hold Order Deposits and will not pay interest on Order Deposits. Any interest earned on the account will be the sole property of the Dealer. Dealer Order Deposit refund policy may vary based on your selected Dealer. Please ask your Dealer for their refund policy before you agree to these Terms. Ford and your selected Dealer may contact you periodically with updates regarding the status of your Order.
3. Sharing of Order Information.
To fulfill your Order, and as directed by you, Ford will share information including name, address, e-mail address and vehicle configuration will be shared with the dealer you select and Ford. Your credit card information will not be shared with the Dealer.
4. Vehicle Specifications, Configuration.
You understand that we may not have completed the development of the Vehicle or begun manufacturing the Vehicle at the time of your Order. By agreeing to these Terms, you represent and warrant to us that you understand that the Vehicle configuration may change prior to execution of a sales agreement between you and a Dealer. If you have questions about your vehicle configuration including any changes, please contact your Dealer.
5. No Purchase Requirement.
The Program does not require you to complete a Vehicle purchase, finance, or lease contract. If you change your mind before you have entered into a contract with your Dealer, you may cancel your Order pursuant to Section 10 below.
6. Dealer right to Decline, Cancel Order.
Your selected Dealer, at its sole discretion, may decline or cancel your Order at any time, for any reason. You will be notified by email if your Order is declined, and your Order Deposit will be refunded by the Dealer pursuant to the Dealer’s refund policy if it has already been processed.
7. Right to Modify, Cancel Program.
Ford reserves the right to change, update, improve, correct, modify, suspend, discontinue or cancel all or part of the Program, including any of its features, functionalities or manners of operation at any time without any notice or obligation to you. Your use of the Program after any changes are implemented will be considered acceptance of such changes. The Program may not be available during maintenance breaks and other times.
8. Order Eligibility: Age and Residency; Entity Orders.
You must be at least 18 years of age or the age of majority as determined by the laws of your state of residency and a resident of the United States in order to accept these Terms and to participate in the Program. The Program is only open to individuals, companies, groups and organizations. Commercial and government fleets are not eligible to participate. Ford may cancel your Order and refund the Order Deposit if Ford determines that you are an ineligible party.
9. Registration; No Brokers.
In order to participate in the Program, you will be required to provide certain information, such as your address and billing information. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept current. Ford shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct contact or shipping information. You can update your information at any time by logging into your Ford Owner Account or FordPass account. You represent and warrant that you are not a broker and that your registration and participation in the Program is for your own benefit on your own behalf. Your Dealer may cancel your Order in the event it determines you have engaged in brokering.
10. Order Cancellation; Transfer; Assignment.
You must contact your Dealer to cancel your Order and request a refund of your Order Deposit. You may not transfer or assign your Order or any other rights under these Terms and Conditions. Dealer Order refund policy may vary based on your selected Dealer. Please ask your Dealer for their refund policy before you agree to these Terms.
11. Force Majeure.
Your participation in the Program and/or your Order does not create liability for Ford or you for any failure to perform due to an event beyond our control, including, but not limited to, any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, unavailability of materials, strike, earthquake, flood or any other natural or man-made eventuality outside of our control.
12. Entire Agreement, Modification and Severability.
We reserve the right, at our discretion, to change these Terms at any time. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of these Terms shall continue in full force and effect and the unenforceable provision shall be deemed to be modified solely to the extent necessary to make it enforceable. This Agreement represents the entire agreement governing your Reservation.
13. Limitation of Liability.
UNDER NO CIRCUMSTANCES WHATSOEVER, SUBJECT ONLY TO THE LIMITS OF APPLICABLE LAW, SHALL FORD BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST PROFITS, LOSS OF BUSINESS OR LOSS OF OPPORTUNITY, REGARDLESS OF THE BASIS OR CIRCUMSTANCES OF ANY CLAIM, DAMAGE, LOSS OR EXPENSE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY CLAIMS, DAMAGES, LOSSES OR EXPENSES.
IN THE EVENT THAT WE ARE HELD LIABLE FOR ANY CLAIMS, DAMAGES, COSTS OR EXPENSES UNDER, ARISING OUT OF, OR WITH RESPECT TO THESE TERMS OR YOUR ORDER, OUR LIABILITY SHALL NOT EXCEED, IN THE AGGREGATE, THE AMOUNT OF YOUR ORDER DEPOSIT.
14. Applicable Law, Venue, and Class Action Waiver.
These Terms, its subject matter and its formation, and any related non-contractual disputes or claims, are governed by the laws of the State of Michigan. Ford and you agree that the United States District Court for the Eastern District of Michigan, or the Sixth Circuit Court, Oakland County, Michigan has exclusive jurisdiction to settle any dispute, controversy or claim arising from or connected with these Terms. Ford and you consent to the jurisdiction of the Michigan courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis.
IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER CLAIM FROM OTHER CURRENT OR FORMER USERS OF THE SITE OR OTHERWISE RELATED TO THE VEHICLES OR ANY OTHER ORDERS. NO CLAIM BROUGHT UNDER THIS AGREEMENT SHALL PROCEED AS A CLASS ACTION.
FURTHER, YOU HEREBY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS, WHETHER NOW EXISTING OR HEREAFTER ARISING, AND WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE. YOU AGREE THAT WE MAY FILE A COPY OF THIS PARAGRAPH WITH ANY COURT AS WRITTEN EVIDENCE OF THE KNOWING, VOLUNTARY AND BARGAINED-FOR AGREEMENT AMONG US TO IRREVOCABLY WAIVE TRIAL BY JURY AND THAT ANY ACTION OR PROCEEDING WHATSOEVER BETWEEN US RELATING TO THESE TERMS SHALL INSTEAD BE TRIED IN A COURT OF COMPETENT JURISDICTION BY A JUDGE SITTING WITHOUT A JURY.
15. Contact Us.
If you have any questions, comments, or claims regarding the Program or Order Process you may contact us by finding your local contact information at this website http://corporate.ford.com/our-company/country-websites, or contacting us in the
800-392-3673 (Ford U.S.)
800-232-5952 (TDD for the hearing impaired)
Available M-F 8:00 am - 11:00 pm ET
Available Sat. 8:00 am – 8:00 pm ET
Ford Motor Company / Customer Relationship Center
P.O. Box 6248
Dearborn, MI 48126
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