Welcome to PoweredbyFord.com. PoweredbyFord.com provide our services to you
subject to the following conditions. If you visit or shop at PoweredbyFord.com, you
accept these conditions. Please read them carefully. In addition, when you use any
current or future PoweredbyFord.com service (i.e. your Account, Gift Certificates,
and or your Cart) you are under applicable Conditions of Service. If these
conditions are inconsistent with such guidelines and conditions, such guidelines and
conditions will control.
Electronic Communications
When you visit PoweredbyFord.com or send e-mails to us, you are communicating with us
electronically. You consent to receive communications from us electronically. We
will communicate with you by e-mail or by posting notices on this site. You agree
that all agreements, notices, disclosures and other communications that we provide
to you electronically satisfy any legal requirement that such communications be in
writing.
Copyright
All content included on this site, such as text, graphics, logos, button icons,
images or downloads, is the property of PoweredbyFord.com or its content suppliers
and protected by United States and international copyright laws. The compilation of
all content on this site is the exclusive property of PoweredbyFord.com and protected
by U.S. and international copyright laws. All software used on this site is the
property of PoweredbyFord.com or its software suppliers and protected by United States and
international copyright laws.
Licence and Site Access
PoweredbyFord.com grants you a limited license to access and make personal use of
this site and not to download (other than page caching) or modify it, or any portion
of it, except with express written consent of PoweredbyFord.com. This license does not
include any resale or commercial use of this site or its contents; any collection and
use of any product listings, descriptions, or prices; any derivative use of this site
or its contents; any downloading or copying of account information for the benefit of another
merchant; or any use of data mining, robots, or similar data gathering and extraction
tools. This site or any portion of this site may not be reproduced, duplicated, copied,
sold, resold, visited, or otherwise exploited for any commercial purpose without
express written consent of PoweredbyFord.com. You may not frame or utilize framing techniques
to enclose any trademark, logo, or other proprietary information (including images,
text, page layout, or form) of PoweredbyFord.com and our affiliates without express written
consent. You may not use any meta tags or any other "hidden text" utilizing PoweredbyFord.com's
name or trademarks without the express written consent of PoweredbyFord.com. Any unauthorized use
terminates the permission or license granted by PoweredbyFord.com. You are granted a
limited, revocable, and nonexclusive right to create a hyperlink to the home page of
PoweredbyFord.com so long as the link does not portray PoweredbyFord.com, its affiliates, or
their products or services in a false, misleading, derogatory, or otherwise offensive matter.
You may not use any PoweredbyFord.com logo or other proprietary graphic or trademark as part
of the link without express written permission.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your
account and password and for restricting access to your computer, and you agree to
accept responsibility for all activities that occur under your account or password.
PoweredbyFord.com does sell products for children, but it sells them to adults, who can
purchase with a credit card. If you are under 18, you may use PoweredbyFord.com only with
involvement of a parent or guardian. PoweredbyFord.com and its affiliates reserve the right
to refuse service, terminate accounts, remove or edit content, or cancel orders in
their sole discretion.
Reviews
Visitors may post reviews, comments, and other content; send e-cards and other
communications; and submit suggestions, ideas, comments, questions, or other
information, so long as the content is not illegal, obscene, threatening, defamatory,
invasive of privacy, infringing of intellectual property rights, or otherwise
injurious to third parties or objectionable and does not consist of or contain
software viruses, political campaigning, commercial solicitation, chain letters,
mass mailings, or any form of "spam." You may not use a false e-mail address,
impersonate any person or entity, or otherwise mislead as to the origin of a card
or other content. PoweredbyFord.com reserves the right (but not the obligation) to remove
or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise,
you grant PoweredbyFord.com and its affiliates a nonexclusive, royalty-free, perpetual,
irrevocable, and fully sublicensable right to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, and display such
content throughout the world in any media. You grant PoweredbyFord.com and its affiliates
and sublicensees the right to use the name that you submit in connection with such
content, if they choose. You represent and warrant that you own or otherwise control
all of the rights to the content that you post; that the content is accurate; that
use of the content you supply does not violate this policy and will not cause
injury to any person or entity; and that you will indemnify PoweredbyFord.com or its
affiliates for all claims resulting from content you supply. PoweredbyFord.com has the
right but not the obligation to monitor and edit or remove any activity or content.
PoweredbyFord.com takes no responsibility and assumes no liability for any content
posted by you or any third party.
Risk of Loss
All items purchased from PoweredbyFord.com are made pursuant to a shipment contract. This
means that the risk of loss and title for such items pass to you upon our delivery
to the carrier.
Product Descriptions
PoweredbyFord.com and its affiliates attempt to be as accurate as possible. However,
PoweredbyFord.com does not warrant that product descriptions or other content of this
site is accurate, complete, reliable, current, or error-free. If a product offered
by PoweredbyFord.com itself is not as described, your sole remedy is to return it in unused
condition.
Pricing
Except where noted otherwise, the List Price displayed for products on our
website represents the full retail price listed on the product itself, suggested
by the manufacturer or supplier, or estimated in accordance with standard
industry practice; or the estimated retail value for a comparably featured
item offered elsewhere. The List Price is a comparative price estimate and may
or may not represent the prevailing price in every area on any particular day.
For certain items that are offered as a set, the List Price may represent
"open-stock" prices, which means the aggregate of the manufacturer's estimated
or suggested retail price for each of the items included in the set. Where an i
tem is offered for sale by one of our merchants, the List Price may be provided
by the merchant.
With respect to items sold by PoweredbyFord.com, we cannot confirm the price of an item u
ntil you order; however, we do NOT charge your credit card until after your order
has entered the shipping process. Despite our best efforts, a small number of the
items in our catalog may be mispriced. If an item's correct price is higher than our
stated price, we will, at our discretion, either contact you for instructions before
shipping or cancel your order and notify you of such cancellation.
Please note that this policy applies only to products sold and shipped by PoweredbyFord.com.
Your purchases from third-party sellers using PoweredbyFord.com Payments are charged at the
time you place your order, and third-party sellers may follow different policies in
the event of a mispriced item.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY PoweredbyFord.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS.
PoweredbyFord.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS
INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE
RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PoweredbyFord.COM DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. PoweredbyFord.COM DOES NOT WARRANT THAT THIS SITE, ITS
SERVERS, OR E-MAIL SENT FROM PoweredbyFord.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
PoweredbyFord.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS
SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND
CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION
OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT
HAVE ADDITIONAL RIGHTS.
Applicable Law
By visiting PoweredbyFord.com, you agree that the laws of the state of Florida,
without regard to principles of conflict of laws, will govern these Conditions of Use
and any dispute of any sort that might arise between you and PoweredbyFord.com or its
affiliates.
Disputes
Any dispute relating in any way to your visit to PoweredbyFord.com or to products you
purchase through PoweredbyFord.com shall be submitted to confidential arbitration in
Florida, except that, to the extent you have in any manner violated or
threatened to violate PoweredbyFord.com's intellectual property rights, PoweredbyFord.com may
seek injunctive or other appropriate relief in any state or federal court in the
state of Florida, and you consent to exclusive jurisdiction and venue in such
courts. Arbitration under this agreement shall be conducted under the rules then
prevailing of the American Arbitration Association. The arbitrator's award shall be
binding and may be entered as a judgment in any court of competent jurisdiction. To
the fullest extent permitted by applicable law, no arbitration under this Agreement
shall be joined to an arbitration involving any other party subject to this Agreement,
whether through class arbitration proceedings or otherwise.
Site Policies, and Modification
Please review our other policies, such as our pricing policy, posted on this site.
These policies also govern your visit to PoweredbyFord.com. We reserve the right to make
changes to our site, policies, and these Conditions of Use at any time. If any of
these conditions shall be deemed invalid, void, or for any reason unenforceable,
that condition shall be deemed severable and shall not affect the validity and
enforceability of any remaining condition.
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