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FORD ACCESSORIES WEBSITE
TERMS & CONDITIONS
Date of Last Revision: August 23, 2021
The Ford Accessories website (“Site”) is operated by Ford Motor Company ("Ford") and the content on the Site is owned by Ford or its affiliated companies. Accessories purchased through this website are sold to you by Ford.
THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION PROVISION AND CLASS ACTION WAIVER. THIS REQUIRES YOU TO USE ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN CLASS ACTIONS. BY ACCEPTING THESE TERMS, YOU EXPRESSLY AGREE TO BE BOUND BY AND ABIDE BY THESE TERMS, INCLUDING THE MANDATORY INDIVIDUAL ARBITRATION PROVISION AND THE CLASS ACTION WAIVER PROVISION. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY DISCONTINUE ALL USE OF THE SITE.
Ford may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, without notice at any time. The products and services offered or referred to on this website are subject to availability.
UNITED STATES SITE
Ford administers this Site from Michigan, 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. You agree to comply with all export and re-export laws, restrictions and regulations of your government in connection with your use of the Site.
THIRD PARTY INFORMATION
TERMINATION OF USE
Ford may, in its sole discretion, terminate your account or your use of the Site at any time. You are liable for any orders placed through your account or charges that you incur prior to termination. By entering an order, you accept personal liability for any charges that you may incur even if your account or use of the Site is subsequently terminated.
DISPUTE RESOLUTION - ARBITRATION
READ THE FOLLOWING ARBITRATION AGREEMENT CAREFULLY. IT LIMITS CERTAIN RIGHTS, INCLUDING YOUR RIGHT TO OBTAIN RELIEF OR DAMAGES THROUGH COURT ACTION OR AS A MEMBER OF A CLASS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
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: (a) these Terms and Conditions; (b) this website; (c) any advertisement or promotion relating to these Terms and Conditions or this Site; or (d) transactions effectuated through this website, 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. 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 this website.
Copyright 2021, 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:
LINKING, CRAWLING AND ARCHIVING:
If you would like to link to this Site, you must comply with the following guidelines:
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.
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.
The Ford name, and all trademarks and logos displayed on this Site are owned or used under license by Ford Motor Company. These trademarks include, but are not limited to, product brand names (e.g., Ford, Lincoln), vehicle model names (e.g., Mustang, Taurus, Explorer, F-150, Focus, Ranger), slogans (e.g.,Built Ford Tough, Ford Custom Accessories), and logos and emblems. The unauthorized use of any trademark displayed on this Site is strictly prohibited.
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.
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.
You agree to indemnify and hold harmless Ford and its affiliates and their respective directors, officers, employees, agents or other representatives (the “Ford Parties”) from and against all claims, liability and expenses, including all legal fees and costs arising from or relating to (a) your breach of these Terms and Conditions of Use; and (b) your use of this website including transmission or placement of information or material by you on this website. This provision shall survive the termination of your right to use this website.
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:
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 attempts to ensure that the description and specification of our products are correct at the time of publication. Ford does not warrant that product descriptions or other content of this site are accurate, complete, reliable, current, or error-free. While the color reproduction of the products is a close representation, actual color may vary; we cannot accept any responsibility for any variation in color caused by the browser software or computer system used by you. If a product offered by Ford is not as described, your sole remedy is to return it in unused condition in accordance with our return policy.
PRICING AND AVAILABILITY
All prices for accessories, installation, and labor are shown in U.S. dollars; taxes, shipping and handling charges are additional. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue the availability of products or services without notice, even if you have already placed your order. Ford will inform you as soon as possible, before accepting your order, if the products you have ordered are not available. All prices are subject to change without notice and you agree that taxes may be adjusted from the amount shown on the billing screens. Several factors may cause this, such as variances between processor programs and changes in tax rates.
For certain items that are offered as a set, the price may represent "open-stock" prices, which means the aggregate of the estimated price or suggested price for each of the items included in the set.
Your credit card will be charged upon shipment of your order.
The amount of tax charged for your order depends upon many factors, including:
Dealers providing services on this site charge sales tax in the tax jurisdictions in which they have a physical presence. Taxes not collected by item may be your responsibility depending on the laws of the jurisdiction in which the sale takes place.
HOW SALES TAX IS CALCULATED
All prices on the Site are given in US Dollars ($) and do not include sales tax or delivery costs. The sales tax will vary depending on where the merchandise is shipped and will be calculated at checkout.
If an item is subject to sales tax at the location where the sale takes place, tax is generally calculated on its total selling price. In accordance with state tax laws, the total selling price of an item generally includes item-level shipping charges, handling charges if applicable, discounts and an allocation of order-level shipping and handling charges and discounts.
The tax rate applied to your order will generally be the combined state and local rate for the address where your order is shipped. Therefore, the sales tax rate applied to your order may be different for an order shipped to your home address than it is for an order for the very same items shipped to your work address or items picked up at the dealership.
Many factors can change between the time you place an order and the time your order is shipped. Therefore, the amount appearing on your order as "Estimated Tax" may differ from the sales taxes ultimately charged.
We attempt to be as accurate as possible and to eliminate errors on the Site; however, we do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error—whether on the Site, in an order confirmation, in processing an order, in delivering a product or service or otherwise—we reserve the right to correct such error and to revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.
OUT-OF-STOCK ITEMS; BACKORDERS
If the product you want is not listed on the Product Information page, it is not then available for ordering and will be shown as out of stock. You may be able to request notification when it is back in stock. Some items may be backordered or unavailable even if the Site indicates that they are in-stock, and adding an item to your cart does not guarantee the availability of that item. We will not charge your payment card until the item ships to the designated delivery address. If the backordered item is no longer available, we will contact you to determine how to proceed or cancel the item from your order and notify you, usually via e-mail. If you have items on backorder that you would like to cancel, please contact us at 844-589-0060.
AGREEMENT TO CONDUCT TRANSACTIONS ELECTRONICALLY; RECORDING; COPIES
You agree that all of your transactions with or through the Site may, at our option, be conducted electronically from start to finish, and that any oral conversations may be recorded. If we decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible to print or make an electronic copy of these Terms and any other contract or disclosure that we are required to provide to you.
SHIPPING & HANDLING; NO EXPORT BY YOU
When we ship to you or per your directions, you agree to pay the shipping and any handling charges shown on the Site when your order is placed. We reserve the right to increase, decrease, add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service. When you ask us to ship to a Ford store for pick-up, shipping is free (however, some exclusions may apply, and we reserve the right to add shipping and handling charges once we post them on the Site). Generally, shipping is by standard ground delivery. Any shipping or handling charges may or may not reflect actual costs. All orders are shipment contracts, not destination contracts, including orders shipped to a Ford dealership for pick-up. Any shipping times shown on the Sites are estimates only – actual delivery dates may vary. You agree that you will not obtain or direct shipment of product for export.
Ford cannot ship to PO, FPO or APO boxes, Arizona, Oklahoma, or international addresses.
Ford reserves the right to refuse to replace orders for customers who have made excessive loss and replacement requests determined at the sole discretion of Ford.
Shipping and handling charges are subject to change.
Your receipt of an electronic or other form of order confirmation does not constitute Ford’s acceptance of your order, nor does it constitute confirmation of Ford’s offer to sell. Ford reserves the right at any time after receipt of your order to decline or cancel your order for any reason in their sole discretion.
You may cancel an order by contacting Ford at 844-589-0060 prior to the order being processed. Once an order is processed, it is your sole responsibility to contact Ford directly if you wish to cancel the order to determine whether or not an order can be cancelled.
Ford may cancel your Dealer Pick-Up order if you do not pick up the order from your Dealer within 14 days of receiving notification that the order is ready for pick-up. You will be refunded for the order via the same method of payment you used to place the order.
RETURNS AND EXCHANGES
Ford or the dealer (where applicable) will accept returns or exchanges of applicable Ford Parts, Ford Accessories, Lincoln Accessories and Ford Performance Parts within 30 days of your receipt. Once you have initiated a return, you must return the part(s) within 14 calendar days. Electronics, wheels and custom-painted parts cannot be returned at any time for any reason.
All returns and exchanges must be returned to Ford (for orders shipped directly to you) or the dealer (for orders picked up from the dealer) solely at your expense, except in the case of Ford or dealer error. Returned items must be in the original box, in new, non-installed, resalable condition, with all instructions and hardware, and in the condition it was received. If all of these conditions are not met, it is at discretion of Ford or the dealer (where applicable) to accept the return. Shipping charges are non-refundable. Refunds will be credited to the same card or, in our discretion, other payment method.
If you opt not to provide a VIN(s), you are solely responsible for making sure the accessories you have ordered are compatible with your vehicle.
Attempting to return any parts or assemblies that have been tampered with in a manner that affects the re-salability and/or safety of the part(s) is prosecutable under the law, and these parts and assemblies are not eligible for return credit, refund and/or exchange.
If you believe a product sold by Ford has a condition or defect that might make it unsafe, please report this safety concern immediately by using the chat feature on the Site or by calling 1-800-426-4840.
Ford warrants that new Ford branded products will be free from defects in materials and workmanship at the time of sale. This warranty does not cover damage or malfunctions caused by normal wear and tear, accident, abuse, neglect, improper storage or handling, misuse, vandalism, acts of God, or other causes external to the product, including installation by you or Dealer.
This warranty gives you specific legal rights, and you may have other rights, which vary from State to State.
EXCLUSIVE REMEDY FOR ANY BREACH OF WARRANTY; LIMITATION OF LIABILITY
Your sole and exclusive remedy, and Ford's sole and exclusive liability, for any breach of warranty by Ford shall be your right to return the product, or receive a refund as provided in Ford's Return Policy.
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 THE SITE OR THE PURCHASE OF ANY PRODUCTS VIA THE 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.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE FORD PARTIES BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL THE AGGREGATE LIABILITY OF THE FORD PARTIES (JOINTLY), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SITES EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE.
THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE THE FORD PARTIES' LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS YOU PURCHASE THROUGH THE SITES, OR FOR THE FORD PARTIES' GROSS NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
COMPLAINTS AND LEGAL NOTICES
All complaints and legal notices should be mailed to Ford, Attn: Legal Department, 1 American Road, Dearborn, MI 48126. If a law requires us to accept legal notices via email, call 1-800-426-4840 to ask for the address intended for receipt of such notices. If you are a California resident, the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or (800) 952-5210.
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