TERMS AND CONDITIONS
THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND FORD. SECTION 15 (ARBITRATION AGREEMENT) 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 QUICK LANE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO ALL OF THE TERMS SET FORTH HEREIN, INCLUDING THE ARBITRATION AND CLASS ACTION WAIVER IN SECTION 15 (ARBITRATION AGREEMENT).
1. United States Site and Pricing
Ford administers quicklane.com from Michigan and m.quicklane.com from New Jersey, United States of America and this Site is only intended for viewing in the United States. All materials and information contained on this Site apply to the United States market only. Ford makes no representation that the Site is appropriate or available for use outside the United States. If you choose to access the Site from outside the United States, you do so at your own initiative and are responsible for compliance with applicable laws.
All pricing is in U.S. dollars and the services described are offered for sale in the U.S. only. Ford makes reasonable efforts to ensure that the pricing and product information contained on this Site is correct. Prices, product specifications and all other information shown on this Site are for information purposes only, are subject to change at any time without obligation, may vary from region to region, and may not be completely up to date or accurate. Individual Quick Lanes set the actual transaction price. Contact your selected Quick Lane for the actual price of any service and any applicable terms and conditions that may apply. The promotional programs and/or incentives offered on this Site are only available in the United States and may be limited to particular states and subject to restrictions and/or qualifications, as disclosed by the program.
2. Depiction of Products and Services
Products and Services depicted on this Site are for general illustration only. Products shown are those by Motorcraft®, a registered trademark of Ford Motor Company. Product details and applications may vary from vehicle to vehicle. Motorcraft® product or tire availability may be limited.
3. Third-Party Information
4. Limited Licenses
Copyright 2012, Ford Motor Company. All rights reserved. This Site, including all materials, is protected by worldwide copyright laws and treaty provisions whether or not a copyright notice is present on the materials. All text, images, graphics, animation, videos, music, sounds and other materials on this Site are subject to the copyrights and other intellectual property rights of Ford, its affiliated companies and its licensors. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the materials. Except as expressly provided herein, Ford does not grant any express or implied right to you under any patents, trademarks or copyrights.
Subject to your continued compliance with these terms and conditions, Ford grants you a non-exclusive, non-transferable, limited right to access, use, display and listen to this Site and the information, images, sounds and text ("materials") thereon. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. You agree not to dispute Ford's claims of ownership or validity of its rights in the materials on this Site.
Ford authorizes you to view and download the materials at this Site only for your personal, non-commercial use. Ford may suspend or terminate this authorization at any time for any reason.
This authorization is not a transfer of title in the materials and copies of the materials and is subject to the following restrictions:
1. you must retain, on all copies of the materials downloaded, all copyright and other proprietary notices contained in the materials;
2. you may not modify the materials in any way or reproduce or publicly display, perform, distribute, or otherwise use them for any public or commercial purpose;
3. you must not transfer the materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use.
5.Linking, crawling and archiving
If you would like to link to this Site, you must comply with the following guidelines:
a. do not incorporate any content from this Site into your site (e.g., by in-lining, framing or creating other browser or border environments around the website content). You may only link to, not replicate, the Site content;
b. you may not use any Ford trademarks, logos, designs or service marks in your links;
c. you may not create the appearance of a relationship or affiliation with Ford; and
d. your site may not contain offensive, distasteful, illegal or inappropriate content.
If you would like to use a web crawler or other search tool to gather information from the Site, you must comply with the provisions of the robots.txt file of the site and you may not circumvent CAPTCHA or other security measures.
6. Other Conditions/Restrictions
CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE, TAMPER WITH THE SUBMISSION PROCESS, OR OTHERWISE UNDERMINE FORD’S LEGITIMATE BUSINESS OPERATIONS MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, FORD RESERVES THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW.
This Site is intended as a resource and discussion forum for people interested in Ford Motor Company services. Unfortunately, this isn’t the place to address warranty or customer service questions or concerns or products sold by Ford Motor Company. If you have a question about a Ford Motor Company product, please contact Ford's Customer Relationship Center calling 1 800-392-3673 in the United States or 1 800-565-3673 in Canada during normal business hours.
7. Trademark Notice
The Ford name, and all trademarks and logos displayed on this Site are owned or used under license by Ford. These trademarks include, but are not limited to, product brand names (e.g., Quick Lane Motorcraft),), slogans (e.g.,Life is Better in the Quick Lane), and logos and emblems. The unauthorized use of any trademark displayed on this Site is strictly prohibited.
8. Changes to the Site
Ford and its affiliates reserve the right to change, modify, suspend, discontinue or permanently cancel this Site's operation or portions thereof without any notice to you, including but not limited to product specifications or prices, at any time and from time to time without notice and without incurring any obligations. Your use of this Site after any changes are posted will be considered acceptance of such changes.
10. Indemnity and Hold Harmless
By using this Site you agree that you will defend, indemnify and hold harmless Ford and its subsidiaries and affiliates, their respective distributors, dealers, dealer associations and advertising and promotions agencies, together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorneys' fees and costs) arising out of your use of this Site, your breach or alleged breach of these Terms and Conditions, and/or your breach or alleged violation of the patent, copyright, trademark, proprietary or other rights of third parties. Ford reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and, in such case, you shall agree to cooperate with Ford's defense of such claim.
11. Designated Agent for Copyright Notification
If you believe that any content on this Site infringes your copyright rights, please contact Ford's designated agent for receiving such notifications in writing as follows:
Ford Motor Company
330 Town Center Drive
Dearborn, Michigan 48126
Email address: DMCA@ford.com
Phone number: 313-323-2875
In your communication, please include:
I. Your physical or electronic signature.
II. Identification of the copyrighted work you claim to have been infringed, or, if there are multiple copyrighted works, a representative list of such works.
III. Identification of the material that you claim to be infringing, and information reasonably sufficient to permit us to locate the material.
IV. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address.
V. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you or the law.
VI. A statement that the information your notification is accurate.
If the communication is submitted by someone on your behalf, the communication must also contain a statement that, under penalty of perjury, the submitter is authorized to act on your behalf.
Ford may at any time revise these Terms and Conditions by updating this posting. You are bound by such revisions and should therefore visit this page to review the current Terms and Conditions from time to time. NOTE THAT THESE TERMS AND CONDITIONS APPLY ONLY TO THIS SITE, OTHER WEBSITES PROVIDED BY FORD OR ITS AFFILIATES MAY HAVE DIFFERENT TERMS AND CONDITIONS THAT APPLY TO THE USE OF THOSE SITES. YOU ARE RESPONSIBLE FOR READING AND UNDERSTANDING THE TERMS AND CONDITIONS OF THOSE SITES.
This Site and all the information it contains is provided for information purposes only on an "as is" basis and could include technical, typographical or other errors. In certain areas, the information provided may represent an opinion or judgment. Ford, information providers and their agents make no warranties, representations, or guarantees of any kind, express or implied, including but not limited to, accuracy, currency, or completeness, the operation of the Site, the information, materials, content, availability, and products. To the extent permitted by applicable law, Ford disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Ford is not responsible for the content of any Site linked to this Site and is not directly or indirectly implying any approval, endorsement or affiliation with any linked Site.
YOU AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FORD'S OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SHAREHOLDERS, REPRESENTATIVES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS SITE AND YOUR USE THEREOF. FORD, ITS INFORMATION PROVIDERS AND THEIR AGENTS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEB SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEB SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEB SITE BY ANY THIRD-PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEB SITE. FORD DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE WEB SITE OR ANY HYPERLINKED WEB SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FORD WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NEITHER FORD, INFORMATION PROVIDERS OR THEIR AGENTS ARE PROVIDING ANY LEGAL, TAX, MEDICAL, COUNSELING, ACCOUNTING, INVESTMENT, FINANCIAL OR ANY OTHER PROFESSIONAL SERVICES OR ADVICE.
These Terms and Conditions together with any additional terms to which you agree when using particular elements of this Site constitute the entire agreement regarding the Site and any services, and supersede all prior or contemporaneous communications, whether electronic, oral or written between you and us with respect to the Site or the services provided on the Site. The Site is operated from Ford's offices in the United States of America. These terms and conditions are governed by, and construed in accordance with, the laws of the State of Michigan, regardless of principles of conflicts of laws that may require the application of the laws of another jurisdiction. If a court determines that any term or condition in these Terms and Conditions is illegal or unenforceable, then such term will be eliminated and the remaining terms and conditions will remain in force and effect. Ford's failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect. All lawsuits arising from or relating to these Terms and Conditions shall be brought in the Federal or State courts located in Wayne County, Michigan, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.
14. Arbitration Agreement
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.
You agree not to modify the format or branding of the content provided in THE SERVICE ("Content"), or to add any materials, including any advertisements or other promotional content, to such Content. The Content is owned by us, our affiliates or licensors and is protected by intellectual property laws. Ford grants you a limited, non-exclusive, non-transferable, revocable license to download and use the Content on a designated compatible mobile device, solely for your own personal, non-commercial use. You shall not reproduce, modify, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the Content or THE SERVICE except as expressly provided for in this Agreement.
THE SERVICE is provided "as is" and Ford shall not be held liable for your use of the information, content, or material contained therein. Ford will not be liable for any delays in the receipt of any messages as delivery is subject to effective transmission from your network operator. TO THE FULLEST EXTENT ALLOWED BY LAW, FORD DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SERVICE, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
Effective Date: 8/9/19