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Terms and Privacy Policy ("Terms")
Version 3.6
Effective: June 13, 2024
Lincoln Way is a platform that empowers you to rethink the way you travel. Through a collection of current features and programs, and features coming soon, Lincoln Way provides you with more options so you can go further than you thought possible.
Lincoln is continually working to improve and expand the Lincoln Way programs, features and functionality to meet the ever changing needs of our customers. These Terms describe Lincoln Way programs and features currently available as well as features planned for the future. The Terms apply to all of the features described below, but you can check the Lincoln Way website and mobile app (“App”) to see which features are currently available. Some Lincoln Way features may be available only in the App or on the Site. Lincoln Way 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. Check back often as we add new programs and features to understand how you can get the most out of Lincoln Way!
Before we get started, we want you to know how Lincoln Way works and we need you to click "Accept" to accept our Terms. Please review carefully.
A few important points:
· Lincoln Way relies on data from you, your computer or mobile device, and your vehicle – such as vehicle location and driving data – if your vehicle is equipped with connectivity features or technologies and associated to your Lincoln account. This is so we can deliver to you great functionality and services, and communications tailored to your interests. We may share this information, including with our authorized dealers and affiliates, as described in the Lincoln Way Privacy Policy which you can read in Section 2 below).
· In addition to App updates and things including but not limited to wireless network strength and availability issues, dead batteries, or lost phones, make sure that you can always access your vehicle even if you can’t access Lincoln Way – always take your key or key fob with you, and check your in-vehicle systems if any information in Lincoln Way doesn’t seem right. And only use Lincoln Way when it’s safe to do so.
· Periodically we update the App 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 Lincoln Way again.
· Even if you choose the Spanish version of the App, some sections of the App including certain messages regarding vehicle health may be displayed in English. If you have any questions regarding any such message, please contact a Lincoln Concierge.
· These Terms contain important disclaimers and other provisions that limit our liability to you.
You can use the Table of Contents below to easily move through these Terms:
4. Operate
7. Parking
10. Safety
11. Communications
12. Integration with other Ford Services / Third-Party Services
13. Limited Licenses
14. Interference
15. Trademark Notice
16. Designated Agent for Copyright Notification
17. Indemnity and Hold Harmless
19. Disclaimer
20. Class or Collective Actions
21. Miscellaneous
22. Contact Us
1. General Information
These Terms apply to your access to and use of the Lincoln Way and Lincoln Access Rewards websites (the “Site(s)”) and the Lincoln Way mobile application (the “App”) (the App and the Site are collectively referred to as “Lincoln Way”), and the Lincoln Access Rewards loyalty program (“LAR” or the “Program”) which are owned/and or administered by Ford Motor Company, One American Road, Dearborn, Michigan 48126 United States of America (hereinafter “Ford”, “we”, “us”). These Terms do not alter in any way the terms of any other agreement you may have with us. Access to and use of Lincoln Way under these Terms is limited to the United States. Membership in LAR is limited to U.S. residents, excluding residents of U.S. territories.
a. Acceptance
By clicking “I accept” and/or using Lincoln Way 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 state or territory of residency, in order to accept these Terms, and hold a Lincoln Account.
Lincoln Way 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 LAR member and one Lincoln Way account (“LW 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”). LW Accounts cannot be merged or transferred.
Lincoln Way 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 Lincoln Way. You may register an eligible vehicle with your LW Account. Only vehicles which are owned by a member of your Household may be registered to your LW Account. In addition, Lincoln Way allows you to authorize other users to create their own profiles that will be linked to your LW Account. Authorized users can view vehicle information including, but not limited to, vehicle location, upcoming and past trips, and Lincoln Way as well as vehicle usage information. Additionally, authorized users will have access to remote vehicle features such as remote lock and unlock. You are responsible for all use by and through anyone you may authorize. If you authorize anyone that is under 18 years old, they may only use Lincoln Way under your supervision when you are bound by 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 Lincoln Way and its features, programs, and functionalities and for how it interacts your vehicle, even if you are not the one using Lincoln Way or its features, programs, functionalities, or credentials and even if you claim later that another person’s use was not authorized.
We may modify these Terms at any time. We will alert you through Lincoln Way of any material changes to these Terms and allow you an opportunity to accept the modified Terms. Other modifications will be effective immediately upon being posted on Lincoln Way or at such later time as we may specify, and your continued use of Lincoln Way or its features will indicate your acceptance of the modified Terms. If you do not agree to these Terms or any modification of these Terms, then you must immediately stop using Lincoln Way. Please see Section 8 below for the Lincoln Access Rewards Terms which differ from the modification policies for updates to Lincoln Way Terms.
Lincoln Way may contain links or information to other services available to Lincoln owners, such as Lincoln Black Label. These other services are subject to their own terms and conditions made available separately, including on the Lincoln website or through your Lincoln dealer. Please consult these terms for full details about additional services.
We reserve the right to change, update, improve, correct, modify, suspend, discontinue or cancel all or part of Lincoln Way, including any of its or associated features, programs, functionalities or manners of operation at any time without any notice or obligation to you. Your use of Lincoln Way after any changes are implemented will be considered acceptance of such changes. Lincoln Way may not be available during maintenance breaks and other times.
If you object to any changes to Lincoln Way or to these Terms, your sole recourse is to stop using Lincoln Way.
b. System Requirements / Updates / Changes / Cancellation
Use of Lincoln Way 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.
In some cases, you may need to install the newest version of the App before you can use Lincoln Way again. Make sure that you can always access your vehicle even if you can’t access Lincoln Way.
Do not download and install the App on a jailbroken or rooted device. Using a jailbroken or rooted device may expose your mobile device to risks, including but not limited to security vulnerabilities, stability issues, and crashes.
Certain Lincoln Way features may require your vehicle to have a compatible SYNC in-vehicle system or Lincoln Connect (“Software”). If your vehicle is equipped with Software, you agree that we or our affiliates or service providers may remotely check and automatically update your Software according to the vehicle software End User License Agreement (“EULA”) provided in your vehicle’s Owner Manual or otherwise by us. Depending on how your vehicle is equipped you may be able to update the software through Lincoln Way if you choose. You further agree that Lincoln, its affiliates, service providers, and/or designated agents may periodically check the Software version and may remotely deliver Software updates, upgrades, supplements, or changes to the Software without any further notice or additional consent. Data usage rates and fees may apply.
Not all features, services or programs 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 also 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. Some features may require you to register your Vehicle Identification Number (VIN) through the Site or through the App. Lincoln Way may be unavailable or interrupted from time to time for a variety of reasons, such as environmental or topographical conditions and internet or data plan coverage.
Where available, you may be able to create a log in name by entering your email address and password, or by using your Facebook, or other social media account login information. If you choose to log in using a social media account, you allow us to access your publicly available information (e.g., name, user ID, profile picture), and other information you “Allow” that social media account to access. Please review your social media account privacy policy and terms and conditions before using this method of login authentication.
You are responsible for protecting your information, including keeping your Lincoln Account information and password secret, and for any activity that occurs under your account, including any unauthorized activity. You agree to notify us immediately of any unauthorized use of your account or password.
To delete or uninstall Lincoln Way from your mobile device, you must use the application management tools provided with your device. Consult your device manual for assistance. Deleting or uninstalling Lincoln Way from your mobile device does not cancel your Lincoln Account.
To delete or cancel your LW Account, use the “Delete Account” feature in the App or contact a Lincoln Concierge at lincnway@lincoln.com. [VT1] Deleting your Account will delete access for other authorized users of your Account with the same use email. By deleting or cancelling your Lincoln account, you will no longer be able to take advantage of all the Lincoln Way features available for your vehicle(s) added to your account including but not limited to remote features (e.g., remote lock and unlock) connected vehicle data including location and driving data, Connected Services and Connected Service plans; plus you also will cancel your membership in LAR. All LAR membership benefits, including accrued Points (as defined below) will immediately be forfeited upon cancellation.
If your vehicle has connectivity technology (e.g., Lincoln Connect embedded modem or a Connectivity Device) and you connect your vehicle to your LW Account, your vehicle will share Connected Vehicle Information (e.g., Vehicle Location and Driving Data) with Ford. Deleting or uninstalling the Lincoln Way App from your device will not disable data sharing. Depending on how the vehicle is equipped, different in-vehicle controls may be available to you. Learn more about modems, other connectivity technology, in-vehicle controls, and in-App controls in the Owner Manual or contact a Lincoln Concierge. To stop Lincoln Way-related data transmission and access enabled by connecting your vehicle to your LW Account. contact the customer relationship center and consult your vehicle’s Owner Manual (and follow the procedure to disable your connectivity device, which may require performing a Master Reset to stop data transmission.
Prior to selling or transferring ownership of the vehicle, complete an in-vehicle Master Reset or an in-App User Reset (available methods vary on equipment model) to return the vehicle to the default settings. If you forgot to perform a Master Reset or User Reset and no longer have possession of the vehicle, please remove the vehicle from the Garage with the Lincoln Way App. Removing the vehicle from the Garage must be done for all associated accounts in order to remove the remote access.
2. Privacy Policy
The Lincoln Way Privacy Policy supplements the Ford Motor Company Privacy Policy located at https://www.lincoln.com/help/privacy, which further describes categories of personal information, including Connected Vehicle Information collected, sources and uses, and California privacy rights of California residents as of January 1, 2020. These Policies will help you understand what personal information we collect from certain Lincoln Way webpages located on owner.lincoln.com and the Lincoln Way mobile app (collectively referenced herein as “Lincoln Way”, “site”, “website”, and “Lincoln Way mobile app”), why we collect and how it is used or shared. Lincoln Way may integrate with other services or features that are subject to different privacy policies as described in connection with those services or features. Please review those privacy policies to understand how they collect and use data.
Lincoln Way Mobile App
This Privacy Policy incorporates by reference the Lincoln Way mobile app Terms and Conditions.
Personal Information We Collect. We collect the following types of personal information through your use of Lincoln Way or third-party services that integrate with Lincoln Way:
· Information you provide to create an account or sign-in to an existing account, or use available services such as name, email address, photo, street address, telephone number, credit card, (VIN), and vehicle service records. You must have an account to use the Lincoln Way mobile app, and to access certain functionality on the Lincoln Way website.
- Depending on the vehicle’s equipment, the services/features available in the vehicle, and the settings applicable to those services/features, Connected Vehicle Information including:
- Vehicle Location: Non-precise or precise location/GPS information, including current vehicle location, travel direction, speed, charging locations used (if applicable), and information about the environment where the vehicle is operated (such as weather, road segment data, trail and road surface conditions and geometry, traffic signs, and other surroundings, may be collected from the vehicle in connection with location-based functions of Lincoln Way Vehicle Location may also be derived from IP address.
- Driving Data (may also be referred to as Driving Characteristics and Behavior): Information about how the vehicle is operated and used (such as speed, use of accelerator, brakes, steering, seat belts, activation of airbag delployment, collision signals, etc.).
- Vehicle Data (may also be referred to as Vehicle Information): Information about the vehicle, its components and parts, including their status and performance and diagnostics of vehicle systems (such as the VIN, hardware model and part numbers, odometer, tire pressure, fuel and fluid levels, battery and lock status, trouble codes, warning indicators, alerts, and SYNC diagnostics), vehicle charging information (if applicable), and other information about how the vehicle is performing.
- Audio/Visual (may also be referred to as Connected Voice Data, Digital Assistant, or Lincoln Personal Assistant): Voice commands and other utterances captured when the vehicle’s voice recognition system is in “active listen” state.
Connected Vehicle Information collected through your use of Lincoln Way or third-party services that integrate with Lincoln Way may be associated with a vehicle’s unique identification number (“vehicle identification number” or “VIN”) or other identifiers, and those identifiers may be linked to you.
We may collect Connected Vehicle Information from the vehicle in de-identified form, such that the information cannot reasonably be linked back to you. We may also de-identify Connected Vehicle Information and use it for any purpose in accordance with applicable law.
Certain “Connected Services” (which are services that use Connected Vehicle Information) require connection between your account and the vehicle’s Lincoln Connect modem using the Lincoln Way App.
· Mobile Device Location: Precise location information is collected from your mobile device in connection with location-based functions of Lincoln Way. This information includes Global Positioning System (GPS) data and location derived from IP address. This information can be used to determine your device’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.
- Computer or Mobile Device Information, such as software or operating system version, unique device identifiers (for example, serial numbers), IP address, and mobile network information.
- Information about how you use Lincoln Way or third-party services that integrate with Lincoln Way, such as when and for how long you use features and when you contact us, a record of your communication.
- Lincoln Way may also use technologies that collect information about how Lincoln Way is performing, including if it crashes, and how you use Lincoln Way. The information collected from Lincoln Way through these technologies may be connected to other information we have about you, including information about your activity across other Ford Motor Company mobile apps or websites over time.
- These technologies 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 Lincoln Way), or third-party analytics tools, such as Adobe Analytics, Aptelligent, Amplitude, and DynaTrace).
- Some of these technologies can be limited or deactivated through your browser or device settings, but some cannot. Lincoln Way does not respond to “Do-Not-Track” requests. Lincoln Way does not track your activity across other companies’ mobile apps or websites.
Our Use of Personal Information:
· We use the personal information to provide you with great functionality and services; allow you to control certain vehicle features; fulfill requests you’ve made in Lincoln Way; make recommendations (if applicable) and personalize your experience, troubleshoot problems; develop new and improved products, services, and marketing strategies; conduct research to protect safety, property, privacy, and security; and to comply with legal requirements.
· We use Connected Vehicle Information from the vehicle to provide you with vehicle support, which may include communicating with you in the event of an accident and help you schedule towing, repair, and vehicle rental services.
· If you provide us with an email address for forward-to-a-friend functionality, we will use the email solely for the purpose of forwarding to your intended recipient. WE MAY send communications about products, services, offers, promotions, news, and more that are customized based on the personal information we use, including your location, speed, and driving characteristics.
· You may choose not to provide certain personal information (such as not entering a VIN to connect to your vehicle or not entering a credit card to use My Wallet services), but this may limit or prevent use of certain features.
· We may combine the information we collect through your use of Lincoln Way or third-party services that integrate with Lincoln Way with other information you have previously provided or that we have collected from other sources.
· We may de-identify information we collect about you and use it for any purpose in accordance with applicable law.
Our Sharing of Personal Information: We do not provide personal information obtained through Lincoln Way to anyone for independent use without providing you a choice, except as follows: We may share personal information obtained through Lincoln Way and Lincoln Access Rewards, including vehicle information and information regarding Lincoln Access Rewards, with our authorized dealers and our affiliates (the group of companies related by common control or ownership).
- We may share personal information we collect through Lincoln Way and Lincoln Access Rewards, including vehicle information and information regarding Lincoln Access Rewards, with our authorized dealers and our affiliates (the group of companies related by common control or ownership).
- We may share information related to the current status of vehicle systems and vehicle health alerts ("Vehicle Health Information") obtained through Lincoln Way with our authorized dealers so they may more conveniently assist in the diagnosis and repair of the vehicle. You can manage your permissions relating to Vehicle Health Information in the Privacy tile of Lincoln Way.
· We share the personal information we collect with trusted service providers under agreements that limit how they may use the personal information we collect and require adequate safeguards.
· We may provide personal information to external companies under contract with us to enable delivery of the services and where they are subject to confidentiality and security obligations.
· We may share the personal information we collect without notice to you where we believe that doing so is reasonably necessary to: comply with a legal requirement or enforceable governmental request; protect and defend our or our affiliates’ rights or property; act under exigent circumstances to protect the personal safety of Lincoln or affiliate personnel, users of our vehicles, websites or apps, or the public; and detect, prevent, or otherwise address fraud, security, safety, or privacy issues.
- To provide you with connected navigation services through your in-vehicle communications system, we use cloud-based location services provided by Telenav, Inc. (“Telenav”) or Garmin International, Inc (“Garmin”). For SYNC3 connected navigation services, 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 or mobile device, 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 its products and services. For the SYNC4 Connected Navigation or Connected Built-In Navigation services, 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.
- If you chose to provide a profile picture through Remote Vehicle Setup it will be visible when connecting with other LW Account holders.
- The first name associated with your LW Account may be shared with other LW Account holders, for example, when you request access to other LW Account holders’ vehicles.
We may share de-identified information in accordance with applicable law. For example, de-identified information about the environment where the vehicle is operated may be shared with third parties.
CALIFORNIA PRIVACY RIGHTS
If you are a California resident and the processing of personal information about you is subject to the CCPA, you have certain rights with respect to that information. Click here[BK(2] to read how you can exercise your rights.
You may also have rights under California’s “Shine the Light” law. You can exercise your “Shine the Light” rights by clicking here[BK(3] .
How to Contact Us, Access, or Control the Use of Your Information: For more information or to request correction or removal of personal information, contact us as at.
Telephone
800-521-4140
Available 24 hours a day, 365 days a year
800-232-5952 (TDD for the hearing impaired)
Available M-F 8:00 am - 11:00 pm ET
Available Sat. 8:00 am – 8:00 pm ET
Mailing Address
Lincoln Motor Company
Lincoln Concierge
P.O. Box 6248
Dearborn, MI 48126
Security and Retention of Your Information: We use systems, policies, procedures, and technology to provide reasonable security to protect and maintain the security and accuracy of your information. We will only retain your personal information for so long as reasonably necessary to fulfill legitimate business purposes.
Privacy Policy Effective Date and Revisions: This Privacy Policy may be updated in order to reflect any changes to Lincoln Way or privacy practices. See the General Information section for effective date and more information.
3. Payments / Wallet
The following terms (“Payment Terms”) apply to the payment features of designated Lincoln and Ford mobile apps and websites which allow you to make purchases or pay for goods or services through your stored Payment Methods (as defined below). We refer to these features generally as the “Payment” features. The Payment features are maintained and operated by Ford, Lincoln, and/or our their third-party payment service providers.
If you use the same login information for other Ford and Lincoln mobile apps and websites, your Payment Methods will automatically be synched and made available for you to use when you access the Payment features of the other apps and websites.
By clicking “I accept,” you:
· agree to be bound by these Payment Terms;
· represent that you are 18 years of age or older and capable of entering into a legally binding agreement; and
· authorize Ford and Lincoln and our third-party payment service providers to verify the validity of your Payment Methods and to process and transmit your Payment Method information to facilitate transactions as described below.
We may modify the Payment Terms at any time. We will alert you through the apps, websites and/or by email of any material changes to the Payment Terms, and allow you an opportunity to accept the updated terms. Modifications will be effective immediately upon being posted on the app or website or on a future date as we may specify, and your continued use indicates your acceptance of the modified Payment Terms.
If you do not agree to the Payment Terms or any modifications to the Payment Terms or features, your only option is to stop using the Payment features.
We reserve the right to update, modify, suspend, or discontinue any part of the Payment features at any time without any notice or obligation to you. Payment features may not be available during maintenance breaks and other times.
a. Payment Methods
To use the Payment features, you must provide a valid credit card or debit card, or an eligible bank account (if ACH payments are enabled) (“Payment Method”) and, depending on the designated Ford or Lincoln mobile app or website, can elect to store your Payment Methods with us for future transactions (“Wallet”) or use your Payment Methods in a one-time transaction (“Guest Checkout”). Our process requires you to enter your name, address, credit card, debit card, or bank account number(s) and associated information necessary to validate and process payments with the Payment Method. All information provided during the process must be current, accurate and complete.
For Wallets, we will store your Payment Method information for future transactions you initiate. For Guest Checkout, we will retain your name, email address, and last four (4) digits of your credit card for any troubleshooting related to the transaction you have initiated.
You authorize Ford and Lincoln and/or our third-party payment service to confirm that your Payment Method is valid, including by submitting a payment authorization request or a low dollar authorization credit and/or debit, in accordance with the relevant rules of that Payment Method, such as the network rules of Visa, MasterCard, American Express or Discover (“Network”). If we submit a low dollar authorization, for your credit or debit card, your card is not actually being charged, and any temporary charge shown on your account will disappear in a few days. You also authorize Ford and Lincoln to submit your Payment Method information to our third-party service provider(s) for the purposes of updating your Wallet, Payment Method and/or account with us.
b. How Payments Work / Our Role
The Payment features let you make payments using your stored Payment Method for goods and services offered by Ford, Lincoln, or third-party merchants, including Ford and Lincoln dealers (“Merchants”). The Payment features use services and technology provided by third-party payment service providers, which are subject to change at any time.
You acknowledge and agree that when you make a purchase using the Payment features (“Transactions”), the Transaction is solely between you and the Merchant, which may or may not be Ford or Lincoln as specified for each Transaction. You authorize our payment service providers to collect, analyze and relay information generated in connection with Transactions. Transactions are subject to the terms and conditions governing your Payment Method and to any agreements between you and your financial institution.
c. Supported Payment Methods
Most US-issued credit and debit cards with a Network brand can be used with the Payment features, though certain card types may not be used. In some cases, you may also be able to use your bank account and routing information to enable ACH transactions from your account using the Payment features. Eligible Payment Methods are subject to change at any time.
d. Recurring Payments
If a Merchant offers you the ability to use the Payment features to make recurring payments on a monthly or other periodic basis, such as a subscription (“Recurring Payments”), you may do so by following the prompts and providing the requested information. You authorize the Merchant to charge your selected Payment Method on the specified schedule for such Recurring Payments. Unless otherwise stated, your Recurring Payments and the relevant billing authorization will continue indefinitely until you cancel.
e. Transaction History
When you make a payment using the Payment features, we will update your activity on the website or app, where you utilized the Payment features and provide you a Transaction confirmation. In some instances, the Transaction confirmation may serve as your receipt and the Transaction also will appear on your card or account statement. Except as otherwise required by law or by the terms of another agreement between us, you are solely responsible for (a) compiling and retaining permanent records of all Transactions and other data associated with your use of the Payment features, and (b) reconciling all transaction information associated with the Payment features. If you believe that there is an error or unauthorized Transaction activity, you agree to contact us immediately.
f. Refunds
Except as set forth in the Payment Terms, all Transactions are non-refundable and non-reversible. You may have additional refund or charge-back rights based on a Merchant’s policies or under your agreement with your financial institution or applicable state and federal laws. You should review your periodic statement received from your financial institution to verify your Transactions.
g. Customer Service
We provide customer service for issues relating to how the Payment features work. For other issues – like pricing of goods and services, order fulfillment and cancellation, returns and refunds, product functionality or technical support, contact the appropriate Merchant. For issues related to your Payment Method, contact your financial institution.
h. Periods of Inactivity
If our records indicate that you have not used the Payment features for at least six (6) months (or another period that we may specify), we may disable your Wallet or require you to re-enter your Payment Method information.
i. Suspension or Termination
We may suspend or terminate your access to the Payment features for any reason or no reason at any time. Without limiting the foregoing, we may also suspend your access to any Payment features if (a) you have violated the Payment Terms, (b) you pose an unacceptable fraud risk to us, (c) you provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct, or (d) we notice suspicious activity.
j. Effect of Termination
We will not be liable to you or any third party for compensation, reimbursement, or damages in connection with your use of the Payment features, or any termination or suspension of the Payment features or your access to it, including with respect to any deletion of your information or account data. If your Payment account is terminated for any reason or no reason, you agree (a) to continue to be bound by the Payment Terms and remain responsible for any Transactions you have processed through the Payment features, (b) to immediately stop using the Payment features, and (c) that we reserve the right (but have no obligation) to delete all of your information and account data stored on our servers.
k. Liability
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PAYMENT FEATURES IS AT YOUR OWN DISCRETION AND RISK, AND NONE OF FORD, LINCOLN, THEIR EMPLOYEES AND SUPPLIERS, OR THE PAYMENT SERVICE PROVIDERS ARE RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOUR USE OF THE PAYMENT FEATURES, INCLUDING WITHOUT LIMITATION, ANY FAILURE TO COMPLETE TRANSACTIONS IN ACCORDANCE WITH YOUR INSTRUCTIONS.
l. Indemnity and Release
By using the Payment features, you agree that you will defend, indemnify, release and hold harmless us and our subsidiaries and affiliates, their respective distributors, dealers, dealer associations, suppliers, licensors, partners and advertising and promotions agencies, from and against any liabilities, claims, damages and expenses (including reasonable attorneys’ fees and costs) arising out of any use of the Payment features by or through you, your breach or alleged breach of the Payment Terms, or your violation or alleged violation of the patent, copyright, trademark, proprietary or other rights of third parties. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and, in such case, you shall agree to cooperate with our defense of such claim.
You acknowledge and agree that your app store provider has no liability, responsibility or obligation to you, including with respect to the investigation, defense, settlement or discharge of a third party’s intellectual property infringement claim.
m. Miscellaneous
The Payment Terms, together with any additional terms to which you agree when using the Payment features (including the terms and conditions of the products/services you are purchasing, applicable Privacy Policies, etc.), constitute the entire agreement regarding the Payment features. The Payment Terms are governed by, and construed in accordance with, the laws of the State of Michigan (except in relation to any conflict of law provisions thereof), except to the extent local law requires otherwise. Unless local law mandates otherwise, all lawsuits arising from or relating to the Payment Terms shall be brought in the Federal or State courts located in Wayne County, Michigan. If a court determines that any term or condition is illegal, invalid, or unenforceable, then such term will be eliminated and the remaining terms and conditions will remain in full force and effect. Our failure to exercise or enforce any right or provision of these Payment Terms shall not constitute a waiver of such right or provision.
n. Contact Us
If you have any questions, comments, or claims regarding the Payment features, you may contact us by finding your local contact information by going to the Contact US Page by clicking here, or contacting us in the U.S. at:
Telephone
800-521-4140 (Lincoln U.S.)
800-392-3673 (Ford U.S.)
800-232-5952 (TDD for the hearing impaired)
Available M-F 8:00 am - 5:00 pm ET
Available Sat. 9:00 am – 5:30 pm ET
Mailing Address
Lincoln Motor Company / Lincoln Concierge
or
Ford Motor Company / Customer Relationship Center
P.O. Box 6248
Dearborn, MI 48126
4. Operate
Your vehicle may have the ability to access Lincoln Connected Services and certain operational features through the Lincoln Way App, including locking and unlocking the doors, remote start and remote stop. These features may not be available on all vehicle makes and models.
Note: Lincoln Connect, (standard on select vehicles) the Lincoln Way App, and Lincoln Connected Service are required for remote features. The Lincoln Way App is required for Lincoln Connected Services. In-vehicle and Lincoln Way App screens and Connected Service product names vary by vehicle, and data sharing requirements vary by Connected Service type. Certain Connected Service plans may require additional activation and payment (if applicable) within your Lincoln account.
Connected Service and features depend on compatible AT&T 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 messaging/data rates may apply.
Complimentary Connected Service includes the following remote features:
· remote start/stop/lock/unlock
· scheduling a remote start*
· vehicle status
· Vehicle locator (locating the 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. Certain remote features may not function during service interruptions or if the battery is too low.
5. Dealer Services
Various features of Lincoln Way allow you to connect with your dealer, including to schedule services, locate dealers, get directions to your dealer, view new dealer inventory, or call your dealer to schedule vehicle pick-up and delivery. By using the locator services, you will be subject to the terms provided by the location or mapping 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 inventory at your preferred dealer. The inventory listed on Lincoln Way may not be current with the exact inventory available with your dealer. Contact your dealer for the actual price and availability of any vehicle and any applicable terms and conditions that may apply.
6. Vehicle Details
The Vehicle Details feature may allow you to access certain information related to your vehicle via Lincoln Way. In order to register your car with the Vehicle Details feature, you will need to input your VIN number. By registering your vehicle with Vehicle Details you expressly opt-in to receiving notifications, including email, as well as other communications from us related to the Vehicle Details feature. If you wish to opt-out of these communications, please contact the Lincoln Concierge through Lincoln Way or stop using the Vehicle Details feature by changing your preferences in the settings menu of Lincoln Way. You must be an authorized user of a vehicle in order to link your LW 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 Lincoln Way at any time, however removal of the VIN may affect certain Lincoln Way features.
If equipped, the vehicle status feature may allow you to view certain notifications on Lincoln Way, regarding Vehicle Health Alerts. These alerts may include electric battery health, fuel level, fuel consumption, odometer, tire pressure, VIN number, and other diagnostic information. These 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 Lincoln Way. You must sign up for wireless service directly with your vehicle’s wireless provider, and your provider is solely responsible for the wireless service, subject to separate terms and conditions you agree to when you activate your service, and for the data about your plan available through Lincoln Way. Always pay careful attention to the road and do not drive distracted. Wi-Fi hotspot intended for passenger use only.
The Vehicle Details feature also may allow for you to view how-to videos about your vehicle. In order to view these videos, Lincoln Way will link to the Lincoln Owner website. This website is operated by Lincoln but may have unique terms and conditions. Please review the terms and conditions and privacy policy for the Lincoln Owner website prior to viewing any how-to videos. Your use of the how-to videos is at your own risk and we are not 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.
If available, the Monthly Fuel Report feature (“Fuel Report”) provides you with an estimate of your average monthly fuel usage and cost. The purpose of the Fuel Report is to assist you in tracking and comparing your fuel usage on a monthly basis. Your Fuel Report is an estimate only and may differ from in-vehicle fuel reports. Your estimated fuel efficiency is affected by a variety of factors, including, but not limited to, driving behaviors, temperature and weather, road and traffic conditions, and use of air conditioning or other powered accessories.
7. Parking
Parking-related services are limited to informing you of the location and potential availability of parking, and (for certain parking locations, as indicated) enabling you to reserve and pay for parking. 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 also are responsible for compliance with the agreement with the operator of the parking facility as posted at the location or otherwise provided to you (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.
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). This limitation does not preclude the refunds listed herein or other remedies available to you by law.
8. Lincoln Access Rewards
When you register with Lincoln Way you are automatically enrolled in Lincoln Access Rewards (“LAR”). Then, you must activate your account before you can earn Points. LAR is brought to you by Lincoln and participating Ford, and Lincoln and Ford Dealerships (“Participating Dealer” or “Participating Retailer”). Participation in LAR is subject to these terms and conditions of Section 8 (collectively, the “LAR Terms")
a) Membership
Membership in LAR is open to U.S. residents, excluding residents of U.S. territories, 18 years of age or older, or the age of majority in their place of legal residence, whichever is older. 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 LW Account email address may only be associated with one LAR member and one membership account (“LAR 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 vehicle with your LAR Account. Only vehicles which are owned by a member of your Household may be registered to your LAR Account.
b) Membership Levels
a. Premiere. The base membership level is the Premiere tier. Members with Premiere status receive the main program elements and access to the Lincoln Access Rewards Collection. Members in the Premiere Tier receive bonus point offers.
b. Reserve. All 2020 or newer model year Lincoln Reserve vehicle owners at the time of registration or during membership will earn Reserve status. Members that have earned Reserve status based on vehicle ownership will retain that status for the Member’s lifetime. Members who do not or have not owned a Reserve vehicle may earn Reserve status if they earn a specified quantity of Points in a calendar year, which will be published by Lincoln. Their status will be active for the remainder of the calendar year in which it was earned, and for the entire following calendar year. The Reserve status for these members will expire at the end of the following calendar year unless they have earned the specified amount of Points again. Members in the Reserve tier may receive special bonus point offers and will receive exclusive access to certain redemption items, which will be published by Lincoln.
c. Black Label. All members who own a Lincoln Black Label vehicle regardless of model year at the time of registration or during membership will earn Black Label status. Members that have earned Black Label status through the ownership of a Lincoln Black Label vehicle will retain that status for the Member’s lifetime. Members who have not purchased a Lincoln Black Label vehicle may earn Black Label status if they earn a specified quantity of Points in a calendar year, which will be published by Lincoln. Their status will be active for the remainder of the calendar year in which it was earned, and for the entire following calendar year. The Black Label status for these members will expire at the end of the following calendar year, unless they have earned the specified amount of Points again. Members in the Black Label tier may receive special bonus point offers and will receive exclusive access to certain redemption items, which will be published by Lincoln.
c) Earning Points
LAR allows Members to earn LAR Points (“LAR Points”). To earn LAR Points, you must have activated your account and have an active and valid LAR membership within 60 days after any LAR activity.
LAR Points can be earned through multiple different activities, including the purchase of Lincoln, Ford, Motorcraft®, or Omnicraft® parts and any associated labor from a Participating Dealer or Participating Retailer, as well as through use of Lincoln Way and other Lincoln-related activities. If a Member uses Points to discount the price of a product or service (including but not limited to Recurring Payments), the Member will only earn Points for the net discounted price paid in cash. Points will not be awarded for paid taxes, fees, or shipping. Click here [VT4] [NCM1] for more information about qualifying activities to earn and redeem LAR Points.
LAR Points will typically be deposited into a LAR Account within 10 days of confirmation of completing all of the requirements of the qualifying transaction. Notwithstanding the foregoing, certain activities may require additional time to validate qualifying transactions. Please allow additional time for LAR Points to be deposited into your LAR Account.
LAR Points are not transferrable.
d) Redeeming Points
LAR Points may be redeemed for Rewards (“Rewards”) through the Lincoln Way App or at a Participating Dealer or Participating Retailer. LAR Points can be redeemed for various items and services from Lincoln; for discounts on the purchase of a vehicle, service, parts, or accessories at any Participating Dealer or Participating Retailer and online at Accessories.Lincoln.com or Parts.Ford.com; for eligible subscriptions or Recurring Payments; or for Rewards and discounts on an online marketplace as listed on the Rewards pages of the Program. Lincoln reserves the right to modify, add, or remove Reward redemption options at any time without notice and without further obligations or LAR members.
Points will be subtracted from your LAR Account Balance immediately upon completion of the redemption transaction unless otherwise indicated when redeemed. Rewards may be subject to additional terms and conditions, such as expiration dates, refunds or restrictions on use. Once redeemed, Points cannot be refunded or returned to you, unless otherwise indicated when redeemed. If returns or refunds are permissible, the return or refund will be governed by the relevant return or refund policy. When you use your Points to pay for a Recurring Payment, you may be eligible to receive a refund of the Points you used towards the Recurring Payment, if the terms for the Recurring Payment provide for a refund. When you use your Points to pay for a Recurring Payment that is non-refundable, you will not be eligible for a refund of your Points.
LAR features a Rewards Collection that can be redeemed by members using Points or Digital Payments. Members also can use Points for a discount or Digital Payments on some items in the Rewards Collection. This Rewards Collection will be available on the LAR website. The Rewards Collection features a variety of products and/or experiences that will vary over time and certain items may only be made available to members of the Reserve or Black Label tiers.
Some Rewards Collection items will display the cost of the item in LAR Points and U.S. Dollars. If a member desires an item, he/she can redeem the required amount of Points to receive it; pay for the item with U.S. Dollars; or redeem Points for a discount on the item and pay the remaining price. Items are made available on a first-come, first-served basis. Upon redemption, the Points will be removed from the member’s account and Lincoln will contact the member with further details on how they will receive the item.
Some Rewards received may qualify as taxable income to you. If applicable, we will report a members rewards’ value as income to the Internal Revenue Service, as well as state and local tax authorities. Members are responsible for paying any federal, state, or local taxes they owe, or other connected fees or gratuities. If members have other questions about tax liability, they should consult their tax advisor.
e) Points Value
LAR Points do not have any cash value. Points are only a measurement of a member’s activities in LAR and are not considered the property of the owner. Points are not redeemable for cash, check, or any other form of credit. All aspects of Points may be modified at any time, including but not limited to the list of Rewards, the number of Points required for a Reward, the Qualifying Thresholds, qualification periods, or other aspects of the structure of LAR may be modified by Lincoln at any time.
f) Points Balances
Members can view their current Points balance and previous activity in their LAR Account.
Any errors or omissions on transactions posted to your LAR Balance must be reported within 60 days from the date of the eligible transaction by using the Concierge feature in Lincoln Way or contacting Lincoln as noted in the Contact Us section below (see Section 22). Failure to supply necessary documentation may result in an inability to award Points. For verification, you should retain all receipts and documentation until your Points are credited to your LAR Balance.
If you do not receive a Point accrual, Reward, or other benefit, Lincoln’s liability will be limited to the equivalent of that Point accrual, Reward, or benefit.
Lincoln has the right to correct any Points posted in error.
g) Lincoln Access Rewards Visa® Card
With the Lincoln Access Rewards Visa® Card, you’ll earn LAR Points on every purchase. Visit www.lincolnaccessrewards.com/VISA for important details.
h) LAR Membership Cancellation
You may cancel your LAR membership at any time by contacting a Concierge. Accrued Points will immediately be forfeited upon cancellation.
i) Point Expiration and Account Termination
Your LAR Point balance expires and is forfeited when you have not earned Points, redeemed Points, or fulfilled a reward earned through the Program for two (2) consecutive calendar years.
Participation in LAR is a privilege granted to members, and as such can be suspended, revoked, or terminated at any time by Lincoln for any reason. If your LAR membership is terminated, all Points associated with your LAR membership and membership benefits will be forfeited immediately upon termination. If your LAR membership is terminated due to fraudulent activity or noncompliance with these LAR Terms, you cannot participate in or rejoin LAR. Notwithstanding the foregoing, your LW Account will remain open and active unless discontinued pursuant to Section 1(a).
j) Program Changes and Program Termination
Lincoln reserves the right to change or terminate LAR, or parts thereof, at any time without notice and without further obligations to LAR members, including, but not limited to modifications which: a) govern Points earned on and after the date of change; b) change the value of Rewards. No Points will be earned or redeemed after the effective date of termination; or c) modifying, adding, or removing Reward redemption options. Any and all changes and/or amendments to these LAR Terms will become binding upon all members immediately.
k) Transfer of Rights
Lincoln’s rights and obligations under LAR may be assigned or transferred by Lincoln to any other related or unrelated entity at any time, and performances shall be the responsibility of that entity.
l) Interpretation of LAR Terms
All interpretations of these LAR Terms will be at Lincoln’s sole discretion and Lincoln’s decisions will be final.
9. Lincoln Concierge
Lincoln Way may offer certain concierge services and roadside assistance, which may be subject to the coverage for your specific vehicle. If you no longer have coverage and wish to obtain roadside assistance through Lincoln Way, you may do so by contacting Lincoln Concierge. You can use your credit card to pay a one-time fee for the service you need.
Assistance may be provided by live chat or through email with a remote Lincoln Concierge. Lincoln Way may allow you to provide contact information for Lincoln Concierge to contact you via phone, email, or text. If you provide your contact information, you are expressly consenting to a Lincoln Concierge to contact you. Phone calls may be recorded for quality assurance purposes, and by continuing to speak with the Lincoln Concierge you consent to having the call recorded for such purposes.
Any maps or guides available through Lincoln Way 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 Lincoln Way 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 Lincoln Way feature.
Lincoln Concierge cannot address warranty or customer service questions or concerns about products sold by Lincoln. If you have a question about a Lincoln product or have a concern with a vehicle, please contact your authorized Lincoln dealer or Lincoln’s Customer Relationship Center as listed in the Contact Us section below.
10. Safety
Warning: We recommend against the use of any hand-held device while driving, riding bicycles, or any other activity that requires your full attention and encourage the use of voice-operated systems when possible. Accessing or using Lincoln Way on hand-held devices while driving, riding a bicycle, or other activity could distract your attention away from the road and result in loss of vehicle control, crash, and injury. Lincoln Way may send messages or push notifications to your cell phone. Do not read messages on hand-held devices while driving, riding a bicycle, or similar activities.
11. Communications
If you choose to communicate with us, you expressly consent to our representatives contacting you in the manner you request. You can choose whether or not to receive push notifications in the device settings. You may opt-out of receiving Lincoln Way marketing emails by unsubscribing in the email. You may continue to receive communications within Lincoln Way.
12. Integration with other Ford Services / Third-Party Services
Lincoln Way may integrate with, or contain links to other websites or services, or enable 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 Additional Services, you agree to the applicable terms and conditions. Some additional services may be operated by Ford or its related entities; others are not owned or controlled or endorsed by us, including but not limited to links to websites for our 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, including if the practices of a Third Party affects your vehicle. By clicking on links, you expressly relieve us from any and all liability arising from your use of any Third Party Services, or from the content or effect of any Third Party Service. When using a Third Party Service, you should be aware of when you leave Lincoln Way and read the terms and conditions and privacy policy of each Third Party Service that you visit or use.
Lincoln Way 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 Lincoln Way include:
https://legal.here.com/en-gb/terms
https://legal.here.com/en-gb/privacy
https://legal.here.com/terms/supplier-requirements/hlp-developers/
Lincoln Way 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 https://corporate.ford.com/legal/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
Lincoln Way and any content (images, logos, text, music, sounds, wallpaper, badges, etc.) data or software made available through or in connection with Lincoln Way (including Lincoln Way-related websites) (collectively “Lincoln Way Content”) is owned by us or used under license. Lincoln Way 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 Lincoln Way, including preventing any unauthorized copying. Except as expressly provided herein, we do not grant any express or implied proprietary rights to Lincoln Way.
Subject to your compliance with these Terms and any other terms communicated in connection with specific Lincoln Way Content, we grant you a non-exclusive, non-transferable, limited right to access, view, use, display and listen to Lincoln Way Content for your personal, non-commercial use only. You agree not to dispute our claims of ownership or validity of our rights in Lincoln Way Content.
If you violate any of the Terms, your rights will immediately terminate and we may terminate your access to Lincoln Way 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 on Lincoln Way, create a database, download, or store Lincoln Way Content other than licensed above, link or frame Lincoln Way Content, extract, derive or attempt to extract or derive any source code or structure of all or any portion of Lincoln Way by reverse engineering, disassembly, decompilation or any other means;
· you may not use Lincoln Way Content in any manner that is unlawful, abusive, defamatory, deceptive, or invasive of another’s privacy;
· you may not use Lincoln Way 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 Lincoln Way Content, to engage in conduct that reflects poorly upon or disparages our reputation or goodwill; and
· you may not use Lincoln Way Content in conjunction with adult content or that promotes illegal activities, gambling, or the sale of tobacco or alcohol;
· If you are not the bill payer for the mobile telephone or bill payer for the mobile telephone being used to access Lincoln Way, you will be assumed to have received permission from the bill payer to use Lincoln Way Content or Features.
14. Interference
CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE LINCOLN WAY OR OTHERWISE UNDERMINE OUR LEGITIMATE BUSINESS OPERATIONS MAY BE IN 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 and Lincoln names, and all trademarks and logos displayed on Lincoln Way are owned or used under license by us. The unauthorized use of any trademark displayed on Lincoln Way or included in any Lincoln Way Content is prohibited.
16. Designated Agent for Copyright Notification
If you believe that any content on Lincoln Way infringes your copyright rights, please contact our 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
Telephone: 313-323-2875
Your communication must comply with the “Elements of Notification” requirements set forth in 17 U.S.C. § 512.
17. Indemnity and Hold Harmless
To the extent you submit information or content to us (“User Submissions”), you understand and agree that they will not be treated in confidence by us except for personal information pursuant to the Lincoln Way 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 submission.
New or confidential ideas are prohibited on Lincoln Way. If you have an innovative idea, please use the official Lincoln process at: https://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. User Generated Content
By using Lincoln Way and Lincoln Access 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 and advertising and promotions agencies, from and against all the liabilities, claims, damages and expenses (including reasonable attorneys’ fees and costs) arising out of any use of Lincoln Way or Lincoln Access 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 defense and control of any matter otherwise subject to indemnification by you, and, in such case, you shall agree to cooperate with our defense of such claim.
You acknowledge and agree that your app store provider has no liability, responsibility or obligation to you, including with respect to the investigation, defense, settlement, or discharge of a third party’s intellectual property infringement claim.
19. Disclaimer
Lincoln Way and Lincoln Access 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. We are not responsible for any unavailability, interruptions or errors of Lincoln Way or its features. We may modify, suspend, or discontinue Lincoln Way, Lincoln Access Rewards or any feature at any time without notice. Lincoln Way, Lincoln Access Rewards, and all the information accessible through each 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 Lincoln Way, Lincoln Access 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 LINCOLN WAY 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 LINCOLN WAY, (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 LINCOLN WAY, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH LINCOLN WAY 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 LINCOLN WAY.
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 LINCOLN WAY 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, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO 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 LINCOLN WAY 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. Class or Collective Actions
For purposes of this section: “Us” or “We” shall mean Ford Motor Company, its Assignees, and their employees, directors, officers, agents, predecessors, successors, subsidiaries, and affiliates. “You” shall include yourself, and/or your successors and beneficiaries. “Party” shall mean either You or Us.
AGREEMENT TO ARBITRATE: Arbitration is a method of resolving any claim, dispute, or controversy (collectively, a “Claim”) in front of one or more neutral individuals instead of filing a lawsuit in court and having a trial in front of a judge or jury.
Each Party may bring Claims against the other only on an individual basis and not as a plaintiff or class member in a class, collective, representative, public injunctive relief, or private attorney general action. The arbitrator may not preside over any consolidated, representative, class, collective or private attorney general action involving You and Ford. The arbitrator may award relief only to the extent necessary to provide relief necessitated by the Claims. The arbitrator cannot, without consent of all parties: 1) combine one claim with another, 2) facilitate notification to others of potential claims, or 3) arbitrate any type of representative or multi-plaintiff proceeding.
If the bar to Claims or remedies for public injunctive relief or private attorney general actions is held unenforceable, You and Ford agree any such Claims or remedies shall be severed and stayed before a Court with applicable jurisdiction pending final resolution of the arbitration on any remaining Claims or remedies subject to arbitration.
21. Miscellaneous
These Terms together with any additional terms to which you agree when using particular elements of Lincoln Way or Lincoln Access Rewards constitute the entire agreement regarding Lincoln Way, Lincoln Access 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 State of Michigan, 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 Federal or State courts located in Wayne County, Michigan. 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 endeavor 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.
22. Contact Us
If you have any questions, comments, or claims regarding Lincoln Way or Lincoln Access Rewards, you may contact us by finding your local contact information by going to this website https://corporate.ford.com/operations/locations/global-links.html, or contacting us in the U.S. at:
Telephone
800-521-4140
Available 24 hours a day, 365 days a year
800-232-5952 (TDD for the hearing impaired)
Available M-F 8:00 am - 8:00 pm ET
Available Sat. 9:00 am – 5:30 pm ET
lincnway@Lincoln.com
Mailing Address
Lincoln Motor Company
Lincoln Concierge
P.O. Box 6248
Dearborn, MI 48126