Please review the following Terms and Conditions of Use (the "Terms") carefully before using the ConsumerConnection+ website. These Terms contain important information about your rights and obligations, as well as limitations and exclusions that may apply to you.
The website is provided to you by FordDirect. Whenever we use the words "we," "our," "FordDirect," or "us," we are referring to DealerDirect LLC d/b/a/ FordDirect, and/or its various divisions, subsidiaries and other affiliates. Whenever we use the words "website" or “site” we are referring to the ConsumerConnection+ website, and such terms shall be deemed to also reference all software, materials and services available through such ConsumerConnection+ website. Whenever we use the words “you” or “your” we are referring to the individual or entity that is authorized to access the site in connection with the ConsumerConnection+ program. If you are an individual using the site on behalf of a company, you represent and warrant that you have all necessary authority to bind your company to these Terms.
The website is for use in connection with the ConsumerConnection+ program. You must execute a ConsumerConnection+ Dealer Participation Agreement (“DPA”) to access and use the website. The terms and conditions of your DPA, including but not limited to the DPA Terms and Conditions (available at https://forddirectprivacy.com/DPATermsService.html), also govern your use of the website. In the event of a conflict between the DPA and these Terms, the DPA shall govern. For clarification, this site shall be considered a “Service” for purposes of the DPA.
We reserve the right, in our sole discretion and judgment, and without liability of any kind to you, to terminate, change, or suspend your access to the website for any reason, at any time, without notice.
By accessing or using the site, you agree to be bound by these terms, whether or not you are a registered user of our services. If any of these terms are unacceptable to you or in the event that any future changes are unacceptable to you, do not use the site. Your continued use of the site now, or following the posting of any changes in this agreement, will indicate acceptance and agreement by you of such changes.
In order to access the site, you will have to create an account. We are entitled to rely on the information you provide to create an account, and you will be responsible for updating this information. Accounts are non-transferable and cannot be shared or used by more than one entity. You are responsible for maintaining the confidentiality of your account access credentials, for all activities conducted on site using your credentials, and for any charges or fees incurred by the use of those credentials, including any use you may subsequently contend were not unauthorized by you. You must notify FordDirect immediately of any breach of security or unauthorized use of your account.
You acknowledge and agree that we (or our licensors) own all legal right, title and interest in and to the site, including, without limitation, any intellectual property rights in the site. All rights not expressly granted by FordDirect to you are retained by FordDirect and/or its licensors, and you may not use the site, any element of the site, or any Materials provided through the site in any manner or for any purpose not expressly authorized by these Terms or the DPA.
(a) As a user you may submit content in connection with your use of the site. You represent and warrant that the content you submit, including but not limited to sales offers, does not violate any applicable laws, rules or regulations, including but not limited to those applicable to deceptive practices. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your submitted content.
(b) The site may contain links to other websites or services maintained by third parties. We do not operate, control, or endorse the content found on third-party websites or services. You assume sole responsibility your use of third-party links, websites, products and services.
(a) We may monitor content provided by you and/or your use of the site, and may block any messages or campaigns, remove any content or prohibit any use of the site that we believe may be in violation of these Terms. In no case will such monitoring or related action make us responsible or liable for compliance with any laws or obligations, for which you remain liable.
(b) The restrictions on your use of “Materials” as set forth in the DPA, shall also apply to your use of the site and any Materials you access through the site, provided that you shall not make the site available to any third parties without our written consent in each case. In addition, you shall not use any device, software, or routine, including but not limited to any viruses, worms, time bombs, to interfere or attempt to interfere with the proper working of the site, or to intercept any system, data or personal information from the site, nor will you take any action that imposes an unreasonable or disproportionately large load on the site’s infrastructure.
To the extent permitted by law, access to the site is provided "As-is" and "Where-is," without any warranties, express or implied, including without limitation implied warranties of satisfactory quality or fitness for a particular purpose. Except where prohibited by law, FordDirect and its affiliates shall not be liable for any indirect, unforeseen, or consequential losses including without limitation lost profits or revenues, costs of replacement goods, or loss or damage to data arising out of or related to your access (or non-access) to and use of the site, even if forddirect has been advised of the possibility of such damage.
This Agreement, and your relationship with us under this Agreement, shall be governed by the laws of the State of Michigan without regard to its conflict or choice of laws provisions. Any dispute with us, or our affiliates, officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through non-appealable arbitration with one arbitrator in accordance with the rules of the American Arbitration Association in Michigan.
If any provision in these Terms is invalid or unenforceable or contrary to applicable law, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions of these Terms shall remain in effect.
These Terms were last updated in November 2020.