Binding Arbitration and Class
Action Waiver
(a) Application. This Section applies
to any dispute EXCEPT IT DOES NOT
INCLUDE A DISPUTE RELATING TO
COPYRIGHT INFRINGEMENT, OR TO THE
ENFORCEMENT OR VALIDITY OF YOUR,
FORD MOTOR COMPANY, OR ANY OF
FORD MOTOR COMPANY’S LICENSORS’
INTELLECTUAL PROPERTY RIGHTS.
Dispute means any dispute, action, or other
controversy between You and FORD
MOTOR COMPANY, other than the
exceptions listed above, concerning the
SOFTWARE (including its price) or this
EULA, whether in contract, warranty, tort,
statute, regulation, ordinance, or any other
legal or equitable basis.
(b) Notice of Dispute. In the event of
a Dispute, You or FORD MOTOR
COMPANY must give the other a “Notice
of Dispute”, which is a written statement
of the name, address, and contact
information of the party giving it, the facts
giving rise to the dispute, and the relief
requested. You and FORD MOTOR
COMPANY will attempt to resolve any
dispute through informal negotiation
within 60 days from the date the Notice
of Dispute is sent. After 60 days, You or
FORD MOTOR COMPANY may
commence arbitration.
(c) Small claims court. You may also
litigate any dispute in small claims court
in your county of residence or FORD
MOTOR COMPANY’S principal place of
business, if the dispute meets all
requirements to be heard in the small
claims court. You may litigate in small
claims court whether or not You
negotiated informally first.
(d) Binding arbitration. If You and
FORD MOTOR COMPANY, do not resolve
any dispute by informal negotiation or in
small claims court, any other effort to
resolve the dispute will be conducted
exclusively by binding arbitration. You are
giving up
the right to litigate (or participate in as a
party or class member) all disputes in court
before a judge or jury. Instead, all disputes
will be resolved before a neutral arbitrator,
whose decision will be final except for a
limited right of appeal under the Federal
Arbitration Act. Any court with jurisdiction
over the parties may enforce the
arbitrator’s award.
(e) Class action waiver. Any
proceedings to resolve or litigate any
dispute in any forum will be conducted
solely on an individual basis. Neither you
nor FORD MOTOR COMPANY, will seek to
have any dispute heard as a class action,
as a private attorney general action, or in
any other proceeding in which any party
acts or proposes to act in a
representative capacity. No arbitration or
proceeding will be combined with
another without the prior written consent
of all parties to all affected arbitrations or
proceedings.
(f) Arbitration procedure. Any
arbitration will be conducted by the
American Arbitration Association (the
“AAA”), under its Commercial Arbitration
Rules. If You are an individual and use the
SOFTWARE for personal or vehicle use, or
if the value of the dispute is $75,000 or
less whether or not You are an individual
or how You use the SOFTWARE, the AAA
Supplementary Procedures for
Consumer-Related Disputes will also
apply. To commence arbitration, submit a
Commercial Arbitration Rules Demand for
Arbitration form to the AAA. You may
request a telephonic or in-person hearing
by following the AAA rules. In a dispute
involving $10,000 or less, any hearing will
be telephonic unless the arbitrator finds
good cause to hold an in-person hearing
instead. For more information, see adr.org
or call 1-800-778-7879. You agree to
commence arbitration only in your county
of residence or FORD MOTOR COMPANY’S
principal place of business. The arbitrator
Appendices
184
Territory (CF4) Philippines, Vehicles Built From: 25-05-2020, EN, First Printing
To Next Page
Loading...
