Terms and Privacy Policy (“Terms”)
Welcome to FordPass, a platform that will empower you to rethink the way you travel. These Terms describe programs and features currently available as well as features we expect to add in the future. The Terms apply to all of the features described below, but you can check the FordPass website and mobile app to see which ones are currently available. Some features of FordPass may only be available on the App or the Site. FordPass may also integrate with other services or devices, and these features may be subject to separate or supplemental terms or privacy practices – these will be presented to you in connection with that feature.
Before we get started, we want you to know how FordPass works and we need you to agree to our Terms. Please review carefully and click I accept to agree. Your acceptance and use of FordPass is your agreement to our Terms.
A few important points:
We update FordPass from time to time to introduce new features or fix issues. In some cases, you may need to install the newest version of the App before you can use FordPass again.
Because of this, and because of things like network failures, dead batteries, or lost phones, make sure that you can always access your vehicle even if you can’t access FordPass – always take your key or key fob with you, and check your in-vehicle systems if any information in FordPass doesn’t seem right. And only use FordPass when it’s safe to do so.
These Terms contain important information about FordPass and FordPass Rewards, as well as disclaimers and other provisions that limit our liability to you. FordPass and FordPass Rewards are services that rely on data from you, your mobile device, and your vehicle, such as location and driving characteristics, so we can deliver you great functionality and services, and communications tailored to your interests. Please see our Privacy Policy below for more information. Further, you agree to make all other drivers, passengers or guests of your vehicle aware of these Terms and subject to these Terms including owner access to Connected Vehicle Information (as defined in Section 2, below). You are solely responsible for the use of FordPass and its features for your vehicle, even if you are not the one using FordPass or features and even if you claim later that another persons’ use was not authorized, and agree only vehicles owned by you or a member of your household may be registered to your FordPass account.
You can use the Table of Contents below to easily move through these Terms:
16. Designated Agent for Copyright Notification
18. Indemnity and Hold Harmless
1. General Information
These Terms apply to your access to and use of the FordPass application or account website (“FordPass”) and the FordPass Rewards loyalty program (“FordPass Rewards” or the “Program”), which is provided by Ford Motor Company of Canada, Limited, The Canadian Road, P.O. Box 2000 Oakville, Ontario, Canada L6J 5E4 (hereinafter "Ford", “we”, “us”) under license from Ford Motor Company. These Terms also apply to your access to and use of the FordPass and FordPass Rewards websites (the “Site(s)”), collectively with the FordPass application referred to as “FordPass”. These Terms do not alter in any way the terms or conditions of any other agreement you may have with us. If you want to retain a copy of these Terms, please visit https://www.fordpass.com/content/ford_com/fp_app/en_ca/termsprivacy.html and save or print them. Access to and use of FordPass under these Terms is limited to Canada. Membership in FordPass Rewards is limited to Canadian residents.
a. Acceptance
By clicking “I accept” and/or using FordPass or its features, you agree to be bound by these Terms. You must be at least 18 years old, or the age of majority as determined by the laws of your province or territory of residency (whichever is older), in order to accept these Terms and hold a FordPass account. FordPass is only open to individuals; companies, groups and organizations cannot be members. To join, you must have a valid email address at the time of enrollment. Each email address may be only associated with one Ford member account (“FP Account”). Individuals may not have multiple memberships. However, a household may have more than one membership. Individuals who have the same permanent address are members of the same household (“Household”). FP Accounts cannot be merged or transferred.
FordPass allows you to set profile information and certain preferences in your account. You may not create names that are profane or obscene. If we decide any name you have created is profane or obscene, we reserve the right to remove or discontinue your use of FordPass. You may register an eligible vehicle with your FP Account. Only vehicles which are owned by a member of your Household may be registered to your FP Account. In addition, FordPass allows you to authorize other users to create their own profiles that will be linked to your FordPass account. All authorized users associated to your FP account have the same access, functionality and views to information as you, including vehicle location. You are responsible for all use by and through anyone you may authorize. If you authorize anyone that is under the age of majority, they may only use FordPass under your supervision when you have agreed to these Terms. Further, you agree to make all other drivers, passengers or guests of your vehicle aware of these Terms and subject to these Terms including owner access to Connected Vehicle Information (as defined in Section 2, below). You are solely responsible for the use of FordPass and its features for your vehicle, even if you are not the one using FordPass or features and even if you claim later that another persons’ use was not authorized.
Subject to Section 8, we may modify these Terms or modify, update, correct, suspend, or discontinue or cancel FordPass, any feature, program, functionality or manner of operation at any time without notice or any obligation to you. As permitted by applicable laws, any modifications will be effective immediately upon being posted on FordPass, or at such later time as Ford may specify, and your continued use of FordPass or its features will indicate your acceptance of the modified Terms. Ford may alert you through FordPass of any material changes to these Terms and allow you an opportunity to accept the modified Terms. Please see Section 8 below for the FordPass Rewards Terms and modification policies for updates to the FordPass Rewards Terms. FordPass or FordPass Rewards may not be available during maintenance or at other times.
If you do not agree to these Terms or any modification of these Terms or of FordPass, then your sole recourse is to stop using FordPass and you must immediately stop using FordPass.
b. System Requirements/Software Updates/Uninstallation
Use of FordPass requires a compatible computer and internet browser, mobile telephone or handheld device, internet access (fees may apply), and software (fees may apply), and may require obtaining updates or upgrades from time to time. Contact your internet service provider or data carrier for more information regarding usage rates and fees.
We update FordPass from time to time to introduce new features or fix issues. In some cases, you may need to install the newest version before you can use FordPass again. Make sure that you can always access your vehicle even if you can’t access FordPass.
Certain FordPass features may require your vehicle to have a compatible SYNC in-vehicle infotainment system or an embedded modem, such as FordPass Connect, or another connectivity device. If your vehicle is equipped with the SYNC in-vehicle system, embedded modem or another connectivity device, the SYNC, embedded modem or another connectivity device software, part of the vehicle’s operating system, (“Software”) may be able to be remotely updated. Data usage rates and fees may apply. You agree that we (or our affiliates or service providers) may remotely check and automatically update the Software and your use of the Software is in accordance with the vehicle software End User License Agreement (“EULA”) provided in your vehicle Owner Manual. You further agree that Ford, its affiliates, service providers, and/or designated agents may periodically remotely check the version of the Software and may automatically remotely deliver Software updates, upgrades, supplements, or changes to the Software without any further notice or additional consent. For example, these updates or changes may enhance safety or security, provide improved functionality or may maintain the proper operation of the vehicle. Certain functionality may be limited or interrupted during the delivery of these Software updates or changes. These Software updates or changes may affect or erase data that you have stored in the vehicle. We are not responsible for any affected or erased data due to a Software update or change. You may withdraw consent from receiving the Software updates or changes at any time by performing a vehicle master reset, or changing your preference in the settings, where equipped. If you have any questions or need assistance, please contact us (see Section 2 below, for contact details). Ford is obtaining consent to provide Software updates on its behalf and on behalf of Ford Motor Company. (Customer Relationship Center, P.O. Box 6248, Dearborn, MI 48126, 1-800-392-3673).
Not all features or services will be available in all markets and coverage may be limited, including due to your vehicle capability and data plan coverage. Availability of features is subject to change and dependent on mobile device and vehicle capability and the internet access available to you. Some features may only be available through the Site or through the App. FordPass may be unavailable or interrupted from time to time for a variety of reasons, such as environmental or topographical conditions and data plan coverage.
You are responsible for keeping your FordPass account information and password secret, and for any activity that occurs under your account, including unauthorized activity. You agree to notify Ford immediately of any unauthorized use of your account or password.
Uninstallation methods vary depending on your device. To uninstall FordPass from your mobile device, you must use the application management tools provided with your device. Consult your device manual for assistance.
To cancel your FordPass Account, contact a Ford Guide. By cancelling your FordPass Account, where permitted by law, you also will cancel your membership in FordPass Rewards and all FordPass Rewards membership benefits, including accrued Points (as defined below) will immediately be forfeited.
If your vehicle has connectivity technology and you connect your vehicle through FordPass, your vehicle will send vehicle data (including location information) to Ford to enable FordPass functionality. To stop this FordPass-related data transmission, perform a Master Reset in vehicle or a User Reset in the app, depending on vehicle equipment. If you forgot to perform a Master Reset or User Reset and no longer have possession of the vehicle, please remove the vehicle from your Account by removing it from the App’s Vehicle section. Removing the vehicle from the Account must be done for all associated accounts in order to remove the remote access, and to stop access and transmission of the FordPass-related vehicle data. Please contact the Ford of Canada Relationship Centre if you require any assistance.
2. Privacy Policy
This Privacy Policy will help you understand how we collect, use and disclose personal information. Please review our Corporate Privacy Policy at www.ford.ca for more information about our privacy practices and your Connected Vehicle, including procedures for resolving concerns. This Policy does not apply to services offered by other entities, including if displayed in FordPass, such as embedded maps in the App. Please also review the privacy policies for such services.
This Privacy Policy may be updated from time to time.
Information We Collect:
You must have an account to use FordPass. To create an account, you will need to provide your email address and a password. Where available, you may instead be able to create an account by logging in through your Facebook or other social media account. If you choose to create an account in this way, we will receive information from the social media platform. The information we receive depends on the platform’s terms and your privacy settings. Please carefully review these terms and your settings carefully before creating an account in this way.
Once you have created an account, additional information may be collected during the registration process or during your use of FordPass, such as your name, address, email address, telephone number and VIN. We also collect information relating to your use of FordPass or third party services that integrate with FordPass (e.g. pages visited, use of features, preferred dealer, and when you contact us, a record of your communication) and information relating to your mobile device or computer (e.g. software or operating system version, device type, device identifiers, IP address, mobile phone number, network information, and location, when enabled) to provide functionality, such as Park.
To administer FordPass Rewards, we collect and use information about FordPass Rewards Points you earn and redeem, including to provide you with your current FordPass Rewards Points Balance and FordPass Rewards program offers which may be of interest to you. We provide participating dealers with access to your FordPass Rewards Points Balance to enable you to earn and redeem FordPass Rewards Points at participating dealers. We also obtain information regarding FordPass Rewards Points you earn and redeem at such participating dealers update your FordPass Rewards Points Balance and administer the Program.
If your vehicle has an embedded modem or another connectivity device and you connect your Account to it using the FordPass App, or if you connect FordPass to your vehicle through AppLink, your vehicle will send Connected Vehicle Information (including location information) to Ford, depending on settings. Connected Vehicle Information includes:
- Information about your vehicle, its components and parts, including their status and performance and diagnostics of vehicle systems (e.g. VIN, hardware model and part numbers, odometer, tire pressure, fuel and fluid levels, battery and lock status, trouble codes, warning indicators and alerts);
- Driving Characteristics (also referred to as Driving Data or Use Information) and behaviour, including information about how the vehicle is operated and used (e.g. speed, use of accelerator, brakes, steering and seat belts);
- In-vehicle services information about the performance and use of vehicle services, systems and technology, such as navigation and infotainment systems (e.g. WiFi and mobile network connection, hardware and software information such as version numbers, seat positions, phone/blue tooth pairings, climate controls, connectivity settings);
- Precise GPS location information about your vehicle, including its current location (latitude and longitude in real time), travel direction and speed;
- Connected Voice Data (may also be referred to as Digital Assistant) such as voice commands/utterances when the voice recognition system is in an active listen state. The system is in an active listen state when the “Push to Talk” button is pressed or the “wake word” is heard;
- Connection status alerts sent by the modem or another connectivity device to stay connected to the network consisting of VIN, SIM and electronic serial number of the modem or connectivity device;
- Environment Data including information about the environment in which the vehicle is driven, such as the weather, road segment data, trail and road surface conditions and geometry, traffic signs, and other surroundings;
- Charging information about how and when the battery is charged including the rate, duration and payment; and
- Over the air update information such as version of FordPass Connect (SYNC Connect) or Lincoln Connect and other technical specifications associated with a specific modem or connectivity device.
Certain of this Connected Vehicle Information is used to provide FordPass functionality such as MyVehicle and Operate. It may also be used with information from your mobile device to provide features such as Journey History and Driving Insights.
We may share information related to the current status of vehicle systems and vehicle health alerts (“Vehicle Health Information”) obtained through FordPass and FordPass Rewards, including information regarding FordPass Rewards such as point balances, with our authorized dealers so they may more conveniently assist in the diagnosis and repair of the vehicle. You may be able to disable the sharing of Vehicle Health Information by visiting your account Privacy Settings.
You may be able to check in your vehicle to see if your vehicle is equipped with certain connectivity settings. Please visit the “How do you know if you’re connected” section in our Corporate Privacy Statement.
Certain Connected Services require connection between your account and the vehicle’s FordPass Connect modem using the FordPass app.
To turn off sending Connected Vehicle Information to Ford through an embedded modem or another connectivity device, please consult your vehicle Owner Manual for the procedure to disable. Uninstalling FordPass will not turn off sending data to Ford. You may also be able to adjust the level of connectivity in your vehicle, including performing a Master Reset in your vehicle. Please contact the Ford of Canada Relationship Centre if you require any assistance.
Please don’t forget to do a Master Reset if you sell your vehicle or buy a used vehicle to reset the vehicle. If you have a vehicle equipped with a Connectivity Device, please don’t forget to do a User Reset if you sell your vehicle. If you forgot to perform a Master Reset and no longer have possession of the vehicle, please remove the vehicle from your Account by removing it from the App’s Vehicle section. Removing the vehicle from the Account must be done for all associated accounts in order to remove the remote access, and to stop access and transmission of the FordPass-related vehicle data. Please contact the Ford of Canada Relationship Centre if you require any assistance.
Precise location information is collected from your mobile device and/or vehicle in connection with location-based functions of FordPass. This information includes Global Positioning System (GPS) data and location derived from IP address. This information can be used to determine your device or vehicle’s current location, travel direction, and speed. If you have enabled location services on your device, this data may be collected when the app is running in the foreground or background. We may also derive your approximate location from other device data such as Wi-Fi access points, cell towers, and your IP address, whether location services are on or turned off, through the permission system used by your mobile operating system.
FordPass uses tracking technologies that collect information about how FordPass is used and how it is performing to understand how you interact with FordPass, to provide certain features and functionality, to customize your experience within FordPass and for troubleshooting purposes. These may include cookies (small files that are stored on your computer or device), pixels or web beacons (small pieces of code placed on web pages and content that communicate when the page or content has been viewed), log data (logs created that include IP address, date and time of activity, and the website or location that referred you to FordPass), or third-party analytics tools, such as Adobe Analytics and Aptelligent). The information collected using these technologies includes the features and functionalities of FordPass that you use, when and how often you use these features and functionalities, links to Ford, Ford affiliate, and Ford partner websites that you click on within FordPass and how FordPass is performing including if it crashes and what you were doing before it crashed, and certain phone information such as brand, model and operating system version. This information may be able to be connected across devices and over time. Some of these technologies can be limited or deactivated through your browser or device settings, but some cannot. These technologies cannot be deactivated in FordPass and FordPass does not respond to “Do-Not-Track” requests.
How We Use Information We Collect:
We use your personal information to provide you functionality and services, including FordPass and certain vehicle features, fulfill requests you have made, provide customer service, help ensure our products and services are operating as intended and for other purposes with your consent or as permitted or required by law. The first name associated with your FordPass Account will be shared with other FordPass account holders, for example, when you request access to other FordPass account holder’s vehicles. If you provide us with an email address to invite a friend to share in functionality, we will use this email to invite your friend.
We may access and use information about you and your use of our products and services, including Connected Vehicle Information and information about your use of FordPass and FordPass Rewards, to help ensure our products and services are operating as intended, such as better understanding and troubleshooting concerns or analyzing diagnostic information, for product research and improvement purposes, such as to help improve the quality, safety and security of our products and services, and to deliver better products or services, including new and improved products and services.
We may combine information obtained through your use and activation of FordPass, including about your device, use of FordPass, and Connected Vehicle Information, with other information we have about you, including related to your vehicle purchase. We may provide you with the opportunity to opt-in so that we can analyze, learn from, and use this information to make recommendations (if applicable) and deliver customized experiences. We may also request you opt in so we may send you targeted communications using your personal information, including your location, speed and driving characteristics, and/or to provide your name and contact information to your Ford dealer. Each dealer operation is a separate legal entity, independent from us. As such, each dealer has its own privacy practices and we are not responsible for these privacy practices. We recommend that you review the privacy practices of the Ford dealer with whom you are dealing to ensure that you understand their privacy practices and procedures.
We may de-identify and/or aggregate information, including in any Ford customer profile and use such aggregated or de-identified information for any purpose.
We may transfer personal information to suppliers, service providers, contractors or agents (including our affiliates acting in this capacity) (Suppliers) that perform services for us who may be located outside of Canada. We use a service provider in the United States to store and process your personal information for the purposes described in this Policy. We require our Suppliers who have access to your personal information in connection with its processing or use to keep the information confidential and they are not permitted to use your personal information for any other purpose than to carry out the services they are performing for us. Reasonable contractual or other measures we may take to protect your personal information while processed or handled by Suppliers are subject to legal requirements in Canada, the United States and other foreign countries applicable to them, for example, lawful requirements to disclose personal information to governmental authorities in those countries.
To provide you with Connected Navigation Options 133, 134 through your in-vehicle infotainment system, we use cloud-based location services provided by Telenav, Inc. (“Telenav”) or Garmin International, Inc. (“Garmin”). For the SYNC 3 Connected Navigation Options 133, 134 , Telenav obtains certain information, including: a unique user ID assigned by Ford, your current GPS location and planned route and/or destination information from your SYNC 3 in-vehicle system, your address or point of interest search requests and search results selections, information about your use of the location search service, its performance, and your related actions and selections. Telenav may use this information to provide, improve, and enhance these products and services. For the SYNC 4 Connected Navigation Options 133, 134 or Connected Built-In Navigation Options 133, 134, Telenav or Garmin (depending on vehicle equipment and services used) may receive information including a unique vehicle identifier, the vehicle’s current GPS location, route and/or destination information, address or point of interest search requests, results, and selections. More information may be found in their privacy policies.
We will also use or provide your personal information to others, without notice to you, if required to do so by law, or where we are permitted by law, including for safety or security purposes.
We use systems, policies, procedures and technology to provide reasonable security to protect and maintain the security and accuracy of your information. We retain personal information for so long as reasonably necessary to fulfil legitimate business purposes.
Contacting Us and Accessing Your Personal Information:
For more information, if you have any concerns, or to access, correct or update your personal information contact us as set forth in the Contact Us section below. We store your personal information in the United States, where it may be subject to legal requirements to disclose personal information to governmental authorities in the United States.
3. Operate
Your vehicle may have the ability to access certain FordPass Connected Services and certain operational features through the FordPass App, including locking and unlocking the doors, remote start and remote stop. These features may not be available on all vehicle makes and models.
FordPass Connect (optional on select vehicles) (SYNC Connect for 2017/2018 model year vehicles), the FordPass App, and Complimentary Connected Services are required for remote features. The FordPass app is required for FordPass Connected Services. In-vehicle and FordPass app screens and Connected Service product names vary by vehicle, and data sharing requirements vary by Connected Service type. Certain Connected Services plans may require additional activation and payment (if applicable) within your FordPass account.
Connected Service and features depend on compatible Bell network availability. Evolving technology/cellular networks/vehicle capability may limit functionality and prevent operation of connected features. Connected Service excludes Wi-Fi hotspot. Certain restrictions, 3rd-party terms or message/data rates may apply.
The following remote features are complimentary:
- remote start*/stop/lock/unlock
- scheduling a remote start*
- vehicle status
- vehicle locator (locating your vehicle where last parked).
*Remote start and scheduling remote start not available on vehicles with manual transmission.
See your dealer for complete details and other restrictions.
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.
4. Dealer Services
Various features of FordPass (including Find and Vehicle Details) allow you to locate dealers, select your preferred dealer, get directions to your dealer, and contact your dealer to schedule services. By using the locator services, you will be subject to the terms provided by the service that you use.
All service appointments and vehicle services are the responsibility of you and your dealer. Dealers are separate legal entities, independent from us, and we are not responsible or liable for dealers’ activities, including any services you receive from your dealer or the content of dealer websites.
You may also be able to view new dealer inventory at your preferred dealer. The inventory listed on FordPass may not be current with the inventory available at your dealer. This inventory is determined by the dealer and Ford is not responsible or liable for any inaccuracies. Contact your dealer for the price and availability of any vehicle and any applicable terms and conditions that may apply.
5. Vehicle
The Vehicle feature may allow you to access certain information related to your vehicle via FordPass. In order to register your car with the Vehicle feature, you will need to input your VIN number. You must be an authorized user of a vehicle in order to link your FordPass account to the VIN of a vehicle you do not own or lease which may have to be approved by a primary account holder and authenticated in the vehicle. You may remove your VIN from FordPass at any time; however, removal of the VIN may affect the availability of certain FordPass features. To turn off data transmission to Ford through an embedded modem, perform a master reset in the SYNC settings in your vehicle. See your vehicle Owner Manual for more information.
If equipped, the vehicle status feature may allow you to view certain notifications on FordPass, regarding Vehicle Health Alerts. These alerts may include electric battery health, fuel level, fuel consumption, odometer, tire pressure, VIN number, and other vehicle diagnostic information. These Vehicle notifications should not be used or relied upon in place of normal vehicle maintenance. If at any time you believe there may be an issue or problem with your vehicle, consult with a professional for diagnosis and required maintenance.
If your vehicle has Wi-Fi hotspot functionality and you have activated a data plan, you can view information about your data plan through FordPass. Data usage may not reflect actual or current usage, please contact the vehicle network carrier. You must sign up for wireless service directly with the vehicle network carrier who is solely responsible for the wireless service, subject to separate terms and conditions you agree to when you activate your service, and for the information available through FordPass. Always pay careful attention to the road and do not drive distracted. Wi-Fi hotspot intended for passenger use only.
The Vehicle feature may display when your next service or maintenance is due. This information is an estimate only based on your vehicle’s approximate odometer reading. Other factors, such as time and driving conditions, may affect the service and maintenance intervals required. Consult your Owner Manual and your vehicle’s warranty for full details of required maintenance and warranty coverage. You are responsible for properly maintaining your vehicle.
The Vehicle feature also may allow for you to view how-to videos about your vehicle. In order to view these videos, FordPass will link to the Ford How-to Videos Library. This website will have Ford terms and conditions. Please review the terms and conditions prior to viewing any how-to videos. Your use of the how-to videos is at your own risk and neither Ford nor Ford Motor Company is liable for any damage to your vehicle or injuries to you or any third party based on your use of the videos. Please use these videos with caution and never attempt to perform vehicle maintenance that may require a professional.
6. Parking
FordPass parking informs you of parking locations. We may use third parties to provide these services. We do not, however, sell parking, provide a parking service, operate a parking lot, or otherwise accept custody of motor vehicles. These services are provided by others, such as parking facility owners or operators, and they are in no way our agent or acting on our behalf.
You will be required to set up accounts with third party operators to reserve and pay for parking. Parking rates are set directly by the parking owner or operator, not us. Reserved rates may differ from drive-up rates (if available) and may be subject to change. You are responsible for paying the actual rates for all parking, including any costs for parking in excess of your booked time.
You are responsible for selecting your parking and compliance with all signs, laws, and regulations relating to parking. You are also responsible for compliance with the agreement with the owner or operator of the parking facility, as posted at its location or otherwise provided to you by it (which agreement will, in all cases, govern the parking arrangement). Allocation of parking spaces is not within our control and we do not guarantee the availability of a specific parking spot. Please use your best judgment when deciding on a parking facility or location and do not park at a facility or location that you do not feel is safe and secure.
If you choose to use the FordPass timer feature to set the time of your parking, the use is at your own risk. We are not responsible for any tickets, fines, or other additional costs that you incur as a result of your parking or use of the timer.
We do not represent or warrant the quality, suitability, safety, or security of any parking, and we disclaim all liability arising from any lack of quality, suitability, safety, or security of any parking or otherwise related to your use of parking and parking facilities and locations (including, without limitation, liability regarding the safety or security of persons or property in parking facilities and locations, and the consequences of not being able to park or delays associated with parking).
7. Guides
FordPass may offer certain guides and roadside assistance, subject to your vehicle’s warranty. This may not be available for all makes and models of vehicles. If your warranty is expired, you may not be able to access this feature. If you wish to obtain extended warranty coverage at any time, please contact us as set out in the Contact Us section below. If you no longer have roadside assistance or require roadside assistance coverage on a non-Ford vehicle, you may purchase by contacting Roadside Assistance.
Assistance may be provided by live chat or through email with remote Ford Guides. If you provide contact information for a Guide to contact you via phone, email or text, you are expressly consenting to a Ford Guide to contact you. Phone calls may be recorded for quality assurance purposes, and by continuing to speak with the Ford Guide you consent to having the call recorded for such purposes.
Any maps or guides available through FordPass may not accurately reflect current road conditions as these are subject to change. We will not be liable for any damage to you, your passengers, third parties or your or other vehicles due to your use of FordPass or due to faulty or poor road conditions. Please take caution when driving to ensure that road conditions are safe. Without limiting any disclaimers set forth in the vehicle warranty terms, we do not make any, and hereby expressly disclaim any representation or warranty regarding the accuracy, completeness or quality of any information or advice given in connection with this FordPass feature.
Ford Guides cannot address warranty or customer service questions or concerns about products sold by Ford. If you have a question about a Ford product or have a concern with a vehicle, please contact your authorized Ford dealer or Ford's Customer Relationship Center as listed in the Contact Us section below.
8. FordPass Rewards
When you register with FordPass you are automatically enrolled in FordPass Rewards. FordPass Rewards is brought to you by Ford and participating Ford and Lincoln dealerships (“Dealers”). Please note that not all Ford and Lincoln dealers participate in FordPass Rewards. Please ask your dealership about participation. Participation in FordPass Rewards is subject to these terms and conditions of Section 8 (collectively, the “FordPass Rewards Terms”).
a. MEMBERSHIP
Membership in FordPass Rewards is open to Canadian residents who have reached the age of majority in their province or territory of residence. Membership is only open to individuals; companies, groups and organizations cannot be members. You must have a valid email address at the time of enrollment. Your FordPass account email address may only be associated with one FordPass Rewards member and one membership account (“FordPass Rewards Account”). Individuals may not have multiple memberships. However, a household may have more than one membership. Individuals who have the same permanent address are members of the same household (“Household”). Memberships cannot be merged or transferred. You may register an eligible Ford vehicle with your FordPass Rewards Account. Only vehicles which are owned by a member of your Household may be registered to your FordPass Rewards Account.
b. EARNING POINTS
FordPass Rewards allows Members to earn “FordPass Rewards Points”. To earn FordPass Rewards Points, you must have an active and valid FordPass Rewards membership at the time you engage in any qualifying FordPass Rewards activity.
FordPass Rewards Points can be earned through multiple different activities, including the purchase of Ford, Motorcraft, or Omnicraft parts and any associated labour from a participating dealer, as well as through use of FordPass and other Ford-related activities.
To earn Points, it is important that the same email address, name (first and last) and address associated to your FordPass Account match the name (first and last) and address associated with the qualifying activity. FordPass Rewards Points will not be awarded for paid taxes and fees. Click here for more information about qualifying activities to earn and redeem FordPass Rewards Points, and the earn rate associated with such qualifying activities.
Not all dealerships may be enrolled or participating in FordPass Rewards. Visit the FordPass Rewards website for the current list of participating Ford dealers.
FordPass Rewards Points will typically be deposited into your FordPass Rewards Account within 10 days of the qualifying activity. Notwithstanding the foregoing, certain activities may require additional time to validate as qualifying transactions. Please allow additional time for FordPass Rewards Points to be deposited into your FordPass Rewards Account.
FordPass Rewards Points are not transferrable, and may not be sold, transferred or assigned to others.
c. REDEEMING FORDPASS REWARDS POINTS
FordPass Rewards Points can be used at any participating Ford Dealer towards the purchase of a new Ford or Lincoln vehicle, or for discounts on eligible service with Ford, Motorcraft or Omnicraft parts or for any other rewards as determined by Ford from time to time (collectively, “Rewards”). See your Dealer for more information.
FordPass Rewards Points will be subtracted from your FordPass Rewards Account balance immediately upon completion of the redemption transaction. Rewards may be subject to additional terms and conditions, such as expiration dates or restrictions on use. Once redeemed, FordPass Rewards Points cannot be refunded or returned to you.
d. POINTS VALUE
FordPass Rewards Points do not have any cash value. FordPass Rewards Points are only a measurement of a member’s qualifying activities in FordPass Rewards and are not considered the property of the participant. FordPass Rewards Points are not redeemable for cash, check, or any other form of credit. The list of Rewards, the number of FordPass Rewards Points required for a Reward, and the structure of FordPass Rewards may be modified by Ford at any time.
e. POINTS BALANCES
Members can view their current FordPass Rewards Points balance and previous activity on their FordPass Rewards Account home screen.
Any errors or omissions on transactions posted to your FordPass Rewards Points balance must be reported within 60 days from the date of the eligible activity by contacting the FordPass Rewards Centre as noted in the Contact Us section below (see Section 21). Failure to supply necessary documentation may result in an inability to award FordPass Rewards Points. For verification, you should retain all receipts and documentation until your Points are credited to your FordPass Rewards Account.
If you do not receive a Point accrual, Reward, or other benefit, Ford’s liability will be limited to the equivalent of that FordPass Rewards Point accrual, Reward, or benefit.
All FordPass Rewards Points are subject to verification at any time for any reason. Ford has the right to correct any FordPass Rewards Points posted in error, or as the result of any fraudulent activity, or any activity not in keeping with the letter and/or spirit of these FordPass Rewards Terms, as interpreted by Ford in its sole and absolute discretion.
f. PROMOTIONAL OFFERS
At any time, Ford may issue special promotions that alter the rate at which FordPass Rewards Points are earned, such as multipliers, bonus Points, or other promotional offers on certain products, services, days, or portions of any day. We may also offer contests or sweepstakes in association with FordPass Rewards. Ford may make such promotional offers to all FordPass Rewards participants, or any subset of them, in its sole and absolute discretion. These FordPass Rewards Terms shall apply to such offers, along with any additional terms and conditions, rules and eligibility criteria that accompany the offer, unless you are notified otherwise.
g. FORDPASS REWARDS MEMBERSHIP CANCELLATION
You may cancel your FordPass Rewards membership at any time by contacting the Rewards Centre at 1-833-502-1689. Any accrued FordPass Rewards Points will immediately be forfeited upon cancellation.
h. POINT EXPIRATION AND ACCOUNT TERMINATION
For members residing outside Quebec:
Your FordPass Rewards Points balance expires and is forfeited when you have not earned FordPass Rewards Points or redeemed FordPass Rewards Points or FordPass Rewards for 365 consecutive calendar days.
If under a promotional offer, we provide you with a gratuitous offer of FordPass Rewards Points, unrelated to any purchase of goods or services by you (“Gratuitous Points”), such Gratuitous Points may expire on any timeline no later than 30 days we disclose to you in association with those Gratuitous Points.
Participation in FordPass Rewards is a privilege granted to members, and as such can be suspended, revoked, or terminated at any time by Ford for any reason. If your FordPass Rewards membership is terminated, all FordPass Rewards Points associated with your FordPass Rewards membership and membership benefits will be forfeited immediately upon termination. If your FordPass Rewards membership is terminated due to fraudulent activity or noncompliance with these FordPass Rewards Terms, you cannot participate in or rejoin FordPass Rewards. Notwithstanding the foregoing, your FordPass account will remain open and active unless discontinued pursuant to Section 1(a).
For members residing in Quebec:
Your FordPass Rewards Points balance expires and is forfeited when you have not earned FordPass Rewards Points or redeemed FordPass Rewards Points for 365 consecutive calendar days. If your FordPass Rewards Points balance is set to expire, we will send you a notice before 30 and 60 days before this expiry is set to occur. This notice will be sent to the email address we have on file for your account and will state that your inactivity will result in the expiry of your FordPass Rewards Points balance, and the date on which this expiry is set to occur.
If your FordPass Rewards membership is terminated due to fraudulent activity or noncompliance with these FordPass Rewards Terms, you cannot participate in or rejoin FordPass Rewards. Notwithstanding the foregoing, your FordPass account will remain open and active unless discontinued pursuant to Section 1(a).
i. PROGRAM CHANGES AND PROGRAM TERMINATION
For members residing outside Quebec:
Ford reserves the right to change or terminate FordPass Rewards, the FordPass Rewards Terms, or any part thereof, at any time without notice and without further obligations to FordPass Rewards members, including, but not limited to modifications which: (a) govern FordPass Rewards Points earned on and after the date of change; or (b) change the value of Rewards. If the FordPass Rewards program is terminated, in our discretion, all FordPass Rewards Points associated with your FordPass Rewards membership and membership benefits will be forfeited immediately upon termination. No FordPass Rewards Points will be earned or redeemed after the effective date of termination. Any and all changes and/or amendments to these FordPass Rewards Terms will become binding upon all members immediately.
For members residing in Quebec:
Ford reserves the right to change or terminate FordPass Rewards, the FordPass Rewards Terms, or any part thereof, at any time. Without limiting the foregoing, we may modify:
a) the eligibility conditions for participation in FordPass Rewards;
b) the manner in which a member participates in FordPass Rewards;
c) the way in which and rate at which FordPass Rewards Points are earned;
d) the way in which and rate at which FordPass Rewards Points are redeemed;
e) the participating dealers;
f) the existence of the FordPass Rewards program; in that we reserve the right to terminate it.
In the event of an amendment to an essential element of the FordPass Rewards or these FordPass Rewards Terms, we will notify you at least 60 days (but not more than 90 days) before the amendment comes into effect. Such notice will be sent to the email address associated to your account, and will set out the new clause, or the amended clause and how it read formerly, and the date on which the amendment will come into effect. If the amendment pertains to a non-essential element of FordPass Rewards or these FordPass Rewards Terms, we will provide you with at least 30 days notice, using the email address associated to your account, and setting out the new clause only, or the amended clause and how it read formerly, and the date on which the amendment will come into effect. If the amendment entails an increase in your obligations or a reduction in our obligations, you may refuse the amendment and cancel your participation in FordPass Rewards without cost, penalty or cancellation indemnity, by sending us notice to that effect no later than 30 days after the amendment comes into force, at the address or email address indicated in the notice. You will then have 45 days to redeem any outstanding FordPass Rewards Points. Any FordPass Rewards Points that are not redeemed after 45 days will be forfeited.
If you do not exercise your right to rescind or cancel your participation in FordPass Rewards by sending us notice no later than 30 days after the amendment comes into force, your continued participation in FordPass Rewards after such 30-day delay has expired will constitute your consent to be bound by the amendment.
Notwithstanding the above, we may unilaterally amend for a temporary period of time an essential element of the FordPass Rewards (including, but not limited to, an essential element of these FordPass Rewards Terms) to a member’s advantage.
j. TRANSFER OF RIGHTS
Ford’s rights and obligations under FordPass Rewards may be assigned or transferred by Ford to any other related or unrelated entity at any time, and performances shall be the responsibility of that entity.
k. INTERPRETATION OF FORDPASS REWARDS TERMS
All interpretations of these FordPass Rewards Terms will be at Ford’s sole discretion and Ford’s decisions will be final.
l. OWNER ADVANTAGE REWARDS MEMBERS; SERVICE BALANCES
FordPass Rewards members who were previously members of the Owner Advantage Rewards program (“OAR”, “OAR Program”) have 550 consecutive calendar days from the launch date of FordPass Rewards and the termination of the OAR Program to accept the FordPass Terms and enroll in FordPass Rewards to transition OAR Service Rewards to FordPass Rewards. OAR Service Rewards will become subject to the conditions of the FordPass Rewards Program, including those relating to the expiry of Points. If an OAR member does not enroll within the specified time, then the earned OAR Service Rewards will not be converted to FordPass Rewards.
9. Connected Services
Through designated Ford mobile apps and websites, you can purchase a Connected Service plan (“Connected Service”) from Ford Smart Mobility Canada Company (“FSM Canada”). This Section contains the terms and conditions for Connected Services purchased through the FordPass website unless there are product specific terms presented at time of order. Your Connected Service will continue until (i) it is cancelled by you, (ii) it is cancelled by us (see Section (b) below), or (iii) it expires, whichever comes first. Please be aware that a Connected Service may be operated on FSM Canada’s behalf by a third party.
FSM Canada reserves the right to change, update, improve, correct, modify, suspend, discontinue or cancel all or part of a Connected Service, including any of its features, programs, functionalities or manners of operation at any time without any notice or obligation to you. Your use of a Connected Service after any changes are implemented will be considered acceptance of such changes. You agree to use the Connected Service for your personal use and shall not use the Connected Service for commercial, business or resale purposes. A Connected Service may not be available during maintenance breaks and other times. We will not be liable to you in the event that any part of the Connected Service provided by us is unavailable or modified in any way.
Connected Service is specific to the vehicle and is non-transferable. Connected Service(s) depend on compatible Bell network availability. Evolving technology/cellular networks/vehicle capability may limit functionality and prevent operation of connected features.
a. Order Process and Payments
i. To purchase a Connected Service, you must be at least 18 year of age or older, or the age of majority in your place of legal residence, whichever is older.
ii. Your order is an offer to purchase a Connected Service from FSM Canada or the seller listed at time of purchase. When you are placing an order, the following steps have to take place before a contract for the sale of a Connected Service (“Contract”) is made in relation to your order:
a. Ordering: you place your order by completing the check-out process and submitting your order and payment details through your Ford Account online.
b. Reviewing your order: Before placing your order, the check-out process will give you the opportunity to review and, if necessary, to change your selection and/or correct any errors in your order information. Please take the time to read and check your order at each step of the order process, and to fix any errors before proceeding.
c. Accepting the terms: You may be asked to confirm that you accept any applicable terms and conditions for your order (“Contract Documents”). If you do not wish to be bound by what you read, you should not place on order.
d. Acknowledgement of your order: Once you have submitted your order details, you will see an on-screen acknowledgement that your order has been placed. However, please note that this does not mean that your order has been accepted. FSM Canada’s acceptance of your order will take place as described in Section (f) below.
e. Acceptance of your order: A confirmation of FSM Canada’s acceptance of your order will be sent to you by email (“Order Confirmation”). Please note that the Contract between you and FSM Canada will only be formed when you receive the Order Confirmation. If FSM Canada is unable to accept your order, we or FSM Canada will inform you as soon as possible.
f. As part of the check-out process, the cost of the Connected Service will be displayed. You agree to pay the cost to FSM Canada or the selling party if otherwise stated at check-out using the Wallet. As a result, you authorize FSM Canada to charge your selected payment card for the Connected Service cost in accordance with the Contract Documents. Please refer to Section 2 for the FordPass Terms-Privacy Policy and the Wallet Terms. We will also send you a receipt for your records.
b. CANCELLATION/EXPIRATION
Some Connected Services have a defined expiration date, at which time the Connected Service will expire unless you purchase an additional term of the Connected Service. The term, expiration, and renewal details will be set forth in your Contract Documents. If you have questions about a Connected Service, please contact the Customer Relationship Centre. Unless otherwise stated in your Contract Documents, the cost of a Connected Service is non-refundable.
FSM Canada may terminate any or all Connected Service(s), or suspend temporarily part or all of your access to the Connected Service(s) at any time (acting reasonably) by written notice (including by e-mail to your current registered email address) for reasons including (but not limited to) the following:
a) you do not pay the Connected Service fees or costs owing by the due date;
b) you commit a serious or persistent breach of a term;
c) circumstances arise where (in our reasonable opinion) such action will mitigate an identified risk or prevent the Connected Service(s), FordPass or associated systems from being abused, manipulated or otherwise undermined by you or your device; or
d) where Ford decides to no longer offer any Services through FordPass.
c. WARRANTY AND LIABILITY
THE CONNECTED SERVICES ARE PROVIDED ON “AS-IS” AND “AS AVAILABLE” BASIS AND YOU USE THEM SOLELY AT YOUR OWN RISK. FSM CANADA DOES NOT REPRESENT OR WARRANT THE FUNCTIONALITY OF ANY OF THE CONNECTED SERVICES OR THAT ANY CONNECTED SERVICE OR ANYTHING RELATING TO YOUR USE OF A CONNECTED SERVICE WILL BE IN GOOD REPAIR OR ERROR-FREE OR FREE FROM DELAYS, DEFECTS, OMISSIONS, INTERRUPTIONS OR INACCURACIES. ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED BY FORD MOTOR COMPANY OF CANADA, FSM CANADA AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SHAREHOLDERS, REPRESENTATIVES AND AGENTS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
YOU UNDERSTAND AND AGREE THAT YOUR ORDER AND USE OF THE CONNECTED SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND NONE OF FORD MOTOR COMPANY OF CANADA, FSM CANADA AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SHAREHOLDERS, REPRESENTATIVES, AGENTS AND SUPPLIERS ARE RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOUR ORDER AND USE OF THE CONNECTED SERVICE, INCLUDING WITHOUT LIMITATION, ANY FAILURE TO COMPLETE TRANSACTIONS IN ACCORDANCE WITH YOUR INSTRUCTIONS.
FSM Canada and its affiliates are not liable for any loss or damage which arises from use of the Connected Service or breach of these Terms.
FSM Canada cannot guarantee that the Connected Service will be available uninterrupted and in a fully operating condition at all times and will not be responsible for any failure or delay in the operation of the Connected Service or liable in the event that any part of the Connected Service provided by it or its affiliates is unavailable or modified in any way.
Section 18 and 19 below will govern any disputes or claims related to the Contract Documents.
10. Safety
Warning: We recommend against the use of any hand-held device while driving and encourage the use of voice-operated systems when possible. Accessing or using FordPass on hand-held devices while driving could distract your attention away from the road and result in loss of vehicle control, crash and injury. FordPass may send messages or push notifications to your cell phone. Do not read messages on hand-held devices while driving. Make sure you comply with all applicable local laws that may affect the use of electronic devices while driving.
11. Communications
If you choose to communicate with us to request information or for any other purpose, we may reach out to you via the phone or email you provide to us to respond and you expressly consent to our or our representatives contacting you. You can choose whether or not to receive push notifications in the FordPass settings. If you chose to opt-in to receive commercial electronic messages from Ford, including branded as FordPass, you may opt out at any time by calling our Customer Relationship Centre 1-800-565-3673 or unsubscribing in the marketing email. We will continue to send you communications where permitted by law, including related to FordPass.
12. Third Party Services
FordPass may integrate with, or contain links to other websites or services (each, an “Additional Service”). Additional Services may be subject to additional terms that may be presented in connection with their use, and by using an Additional Service, you agree to the applicable terms and conditions. Some Additional Services may be operated by Ford or its related entities; others are not owned, provided, or controlled by us, including but not limited to links to websites for Ford dealers (“Third Party Service”). We have no control over and, to the fullest extent permitted by applicable law, assume no responsibility for, the content, privacy policies, or practices of any Third-Party Service. In addition, we will not and cannot censor or edit the content of any Third-Party Service. By clicking on links or using the Third-Party Service, you expressly relieve us from any and all liability arising from your use of any Third-Party Service, or from the content of any Third-Party Service. When using a Third-Party Service, you should be aware of when you leave FordPass and read the terms and conditions and privacy policy of each Third-Party Service that you visit.
FordPass may use data from third party sources, such as maps and directions, to provide services. This data and other information may not always be accurate. We are not responsible for any data provided by third parties or your reliance upon the same. Terms applicable to location-based services to which you will be bound by using FordPass include:
http://here.com/services/terms
http://here.com/privacy/privacy-policy/
https://legal.here.com/terms/supplier-requirements/hlp-developers/
FordPass may contain or rely in part on certain free, shared, or public library software (“Open Source Software”). Please refer to the posted Open Source Software acknowledgements located at http://corporate.ford.com/ford-open-source.html for more information on any obligations or restrictions that may apply to the use of Open Source Software.
13. Limited Licenses
FordPass and any content (images, logos, text, music, sounds, wallpaper, badges, etc.), data or software made available through or in connection with FordPass (including via FordPass-related websites or Sites) (collectively, “FordPass Content”) is owned by us or used under license. FordPass Content is protected by worldwide copyright, trademark, patent, trade secret, or other proprietary rights whether or not a copyright notice or other proprietary mark is present. You agree to comply with all copyright laws in your use of FordPass Content, including preventing any unauthorized copying. Except as expressly provided herein, we do not grant any express or implied proprietary rights to FordPass Content.
Subject to your compliance with these Terms and any other terms communicated in connection with specific FordPass Content, we grant you a non-exclusive, non-transferable, limited right to access, view, use, display and listen to FordPass Content for your personal, non-commercial use only. You agree not to dispute our claims of ownership or validity of our rights in FordPass Content.
If you violate any of the Terms, your rights will immediately terminate and we may terminate your access to FordPass Content without notice and without any refund of fees, if applicable.
Any right or authorization granted to you by us is also subject to the following restrictions:
- you may not, nor allow third parties to, create derivative works, use any data mining, robots, or similar data gathering and extraction tools, create a database, download or store FordPass Content other than as licensed above, link or frame FordPass Content, extract, derive or attempt to extract or derive any source code or structure of all or any portion of FordPass Content by reverse engineering, disassembly, decomplication or any other means;
- you may not use FordPass Content in any manner that is unlawful, abusive, defamatory, deceptive, or invasive of another’s privacy, nor may you abuse anyone on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability or any other prohibited grounds;
- you may not use FordPass Content with other content or in a manner that impersonates any person, business or entity, including us;
- you may not interfere, try to interfere, disrupt, or try to disrupt our servers or networks, or disobey any of our network access or security requirements;
- you may not use FordPass Content to engage in conduct that reflects poorly upon or disparages our reputation or goodwill;
- you may not use FordPass Content in conjunction with adult content or that promotes illegal activities, gambling, or the sale of tobacco or alcohol; and
- If you are not the bill payer for the mobile telephone or device being used to access FordPass Content, you will be assumed to have received permission from the bill payer to use FordPass Content or Features.
14. Interference
CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE FORDPASS OR OTHERWISE UNDERMINE OUR LEGITIMATE BUSINESS OPERATIONS MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND WE RESERVE THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW.
15. Trademark Notice
The Ford name, and all trademarks and logos displayed on FordPass are owned or used under license by us. The unauthorized use of any trademark displayed on FordPass is prohibited.
16. 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:
DMCA Agent
Ford Motor Company
One American Road, 4th Floor
Dearborn, Michigan 48126
Email address: DMCA@ford.com
Phone number: (313) 323-2875
In your communication, please include:
- Your physical or electronic signature.
- Identification of the copyrighted work you claim to have been infringed, or, if there are multiple copyrighted works, a representative list of such works.
- Identification of the material that you claim to be infringing, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address.
- 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.
- A statement that the information in 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.
17. User Generated Content
To the extent you submit information or content to us (“User Submissions”), you understand and agree that your User Submissions will not be treated in confidence by us (except for personal information pursuant to the FordPass Privacy Policy). You are solely responsible for your User Submissions and any consequences of posting or publishing them. You understand that many people from around the world will be able to see your postings and comments. You also agree that we and our third-party service providers may contact you via email about any User Submissions.
New or confidential ideas are prohibited on FordPass. If you have an innovative idea, please use the official Ford process at: http://corporate.ford.com/innovation/innovation-ideas-submission.html.
You grant to us an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide license to (a) use, copy, transmit, distribute, modify, create derivative works, adapt, delete, sub-license, combine with other ideas or works, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your User Submission in any manner and for any commercial purpose (including, product, service or advertising).
18. Indemnity and Hold Harmless
By using FordPass and/or any of its offered or associated features or services, including without limitation, FordPass Rewards, you agree that you will defend, indemnify and hold harmless us and our subsidiaries and affiliates, their respective distributors, dealers, dealer associations, suppliers, licensors, partners, advertising and promotions agencies, and contractors, 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 any use of FordPass or FordPass Rewards by or through you including any of its features or services, your breach or alleged breach of these Terms, and/or your breach or alleged violation of the patent, copyright, trademark, proprietary or other rights of third parties. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and, in such case, you shall agree to cooperate with our defence 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, defence, settlement or discharge of a third party’s intellectual property infringement claim.
19. Disclaimer
FordPass, FordPass Rewards and/or any of their features may be unavailable, inaccurate or interrupted from time to time for a variety of reasons outside of our control. FordPass also may not be available during maintenance breaks and other times. We are not responsible for any interruptions or errors of FordPass, FordPass Rewards or their features. FordPass, FordPass Rewards, and all the information accessible through them are provided for information purposes only on an "as is" and “as available” basis. We, our 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 FordPass, FordPass Rewards, the information, materials, content, availability, and products. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SHAREHOLDERS, REPRESENTATIVES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH FORDPASS AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE, OUR INFORMATION PROVIDERS AND THEIR AGENTS ASSUME 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 FORDPASS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR OR OUR SUPPLIERS 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 FORDPASS, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH FORDPASS BY ANY THIRD-PARTY, AND/OR (VI) 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 FORDPASS.
TO THE FULLEST EXTENT PERMITTED BY LAW WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH FORDPASS OR ANY HYPERLINKED WEBSITE OR APP, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR 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 WE, OUR INFORMATION PROVIDERS OR THEIR AGENTS ARE PROVIDING ANY LEGAL, TAX, MEDICAL, COUNSELING, ACCOUNTING, INVESTMENT, FINANCIAL OR ANY OTHER PROFESSIONAL SERVICES OR ADVICE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OR OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SHAREHOLDERS, REPRESENTATIVES OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, LOSS OF INCOME, PROFITS, GOODWILL, DATA, OR USE OF MONEY, WHETHER IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), CONTRACT OR OTHERWISE, ARISING OUT OF OR RELATED TO ANY ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE FORDPASS OR ANY OF ITS FEATURES, FUNCTIONALITIES, CAPABILITIES OR CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This section does not affect, and is not intended to affect, any rights that a consumer has that are not able to be excluded under applicable consumer laws.
20. Miscellaneous
These Terms together with any additional terms to which you agree when using particular elements of FordPass or FordPass Rewards constitute the entire agreement regarding FordPass, FordPass Rewards and any services. Unless and to the extent local law requires otherwise, these Terms are governed by, and construed in accordance with, the laws of the Province of Ontario, except in relation to any conflict of law provisions thereof. Unless local law mandates otherwise, all lawsuits arising from or relating to these Terms shall be brought in the courts located in Ontario. If a court determines that any term or condition in these Terms is illegal 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 these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
21. Contact Us
If you have any questions, comments, or claims regarding FordPass or FordPass Rewards you may contact us:
FordPass
Telephone
Ford of Canada Relationship Centre
1-888-658-6805 (TDD for the Hearing Impaired)
Available Monday to Friday, 8:30 a.m. to 5:00 p.m. (Local Time)
FordPass Rewards
Telephone
Mailing Address
Ford Motor Company of Canada, Limited
The Canadian Road
P.O. Box 2000
Oakville, Ontario, Canada L6J 5E4