Lincoln Custom Accessories Website
Terms & Conditions of Use
The Lincoln Custom Accessories website (this website) is brought to you by Ford Motor Company ("FORD") together with the Ford or Lincoln Dealership that you select to shop with. Ford is not the seller of the parts and/or accessories offered for sale on this website. Rather, any and all parts and accessories purchased through this website are sold to you by your dealer.
Acceptance of Terms and Conditions of Use
This website is open to U.S. residents (excluding U.S. territories) who are 18 years of age or older. Your access to and use of this website is subject to these Terms and Conditions of Use (Terms and Conditions). By accessing this website you agree to be bound by these Terms and Conditions whether or not you have read them. If you do not agree to these Terms and Conditions, do not access this website. Ford may at its sole discretion, with or without notice, modify these Terms and Conditions at any time and such modifications will be effective immediately upon being posted on this website. Your continued use of this website will indicate your acceptance of these modified Terms and Conditions of Use. If you do not agree to the Terms and Conditions or any modification of the Terms and Conditions, then you must immediately stop using this website. By conducting financial transactions on this website, you represent that you are 18 years of age or older.
FORD or your dealer may make changes to any products or services offered on this website, or to the applicable prices for any such products or services, without notice at any time prior to placement of your order. The products and services listed on this website may be out of date, and FORD and your dealer are not obligated to update them. The products and services offered or referred to on this website are subject to availability.
Except where noted otherwise, the price displayed for products on our website represents the Suggested Retail Price (SRP) listed on the product itself or estimated in accordance with standard industry practice. These prices do not include shipping & handling, installation, labor, taxes or any other fees that may apply. Your dealer is solely authorized to set prices for the product and services, by either accepting the Suggested Retail Price or setting their own pricing, and for any applicable fees including but not limited to those mentioned herein. Prices are subject to change without notice.
For certain items that are offered as a set, the price may represent "open-stock" prices, which means the aggregate of FORD or your dealer's estimated price or suggested price for each of the items included in the set.
The price of an item cannot be confirmed until you order. Further, your credit card will not be charged until after your order has been shipped to you or picked up or installed at your dealer. It is possible that a small number of the items in the catalog may be mispriced. If an item's correct price is higher than the stated price, your dealer will either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
The amount of tax charged for your order depends upon many factors, including:
- The identity of the seller
- The type of item purchased, and
- The destination of the shipment or location where you will pick it up.
Dealers providing the services and merchandise on this site charge sales tax in the tax jurisdictions in which they have a physical presence. Taxes not collected by item may be your responsibility depending on the laws of the jurisdiction in which the sale takes place.
How Sales Tax is Calculated
If an item is subject to sales tax at the location where the sale takes place, tax is generally calculated on its total selling price. In accordance with state tax laws, the total selling price of an item generally includes item-level shipping charges, handling charges if applicable, discounts and an allocation of order-level shipping and handling charges and discounts.
The tax rate applied to your order will generally be the combined state and local rate for the address where your order is shipped. Therefore, the sales tax rate applied to your order may be different for an order shipped to your home address than it is for an order for the very same items shipped to your work address or items picked up at the dealership.
Many factors can change between the time you place an order and the time your order is shipped. Therefore, the amount appearing on your order as "Estimated Tax" may differ from the sales taxes ultimately charged.
FORD and your dealer reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.
FORD reserves the right to change or terminate this website, or any parts thereof, at any time without notice. Any and all changes and/or amendments to these Terms and Conditions will become binding immediately.
Delivery options you choose are based on items in stock at your dealer, from the time that an order is received and processed. Your dealer cannot ship to PO, FPO or APO boxes or international addresses other than those in Puerto Rico.
All items purchased from this website are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you when your dealer delivers the item to the carrier. Ford and your dealer reserve the right to refuse to replace orders for customers who have made excessive loss and replacement requests determined at the sole discretion of Ford.
Shipping and handling charges are subject to change.
All orders are subject to a verification process, and any information submitted that cannot be verified by a customer's financial institutions may cause delays. FORD and your dealer are not responsible for orders that are not received.
Returns and Exchanges
Your dealer will accept returns or exchanges of most FORD Accessories purchased through this website if they are postmarked or received within 30 days of customer receipt. Electronics, wheels and custom-painted parts cannot be returned at any time for any reason. All returns and exchanges must be returned to your dealer in person or via shipping (at your cost) in the original box with all instructions and hardware, and in the condition it was received. Shipping charges are non-refundable. Returns and exchanges are subject to a restocking fee of up to 10%, which will be waived if the return or exchange is due to an error by your dealer.
Limited Warranty Information
Genuine Ford Accessories will be warranted for whichever provides you the greatest benefit: 12 months or 12,000 miles (whichever occurs first) or the remainder of your Bumper-to-Bumper New Vehicle Limited Warranty. Contact your local Ford or Lincoln dealer for details and a copy of the limited warranty.
Not all Custom Accessories purchased through this website are Genuine Ford Accessories which are warranted by Ford. This website also contains Ford Licensed Accessories which are warranted by their respective manufacturers and are not warranted by Ford.
Ford Licensed Accessories are warranted by the accessories manufacturer's warranty. Contact your Ford or Lincoln Dealer for details regarding the manufacturer's limited warranty and/or a copy of the Ford Licensed Accessories product limited warranty offered by the accessory manufacturer. Ford Licensed Accessories products are fully designed and developed by the accessory manufacturer and have not been designed or tested to Ford Motor Company engineering requirements.
Accounts, Passwords and Security
Certain features or services offered on or through this website may require you to open an account (including setting up a user name and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify FORD and your dealer immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by FORD or your dealer due to someone else using your user name, password or account.
You may not use anyone else's user name, password or account at any time without the express permission and consent of the holder of that user name, password or account. FORD and your dealer cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Errors on Our Website
This website may include inaccuracies or typographical errors that may be corrected as they are discovered at the sole discretion of Ford or your dealer. Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and your dealer reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions, including after an order has been submitted, confirmed and your credit card or PayPal account charged. If your credit card or PayPal account has been charged for the purchase and your order is cancelled, your dealer will issue a credit to your account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with your dealer's return policy.
Validating Your Order
After you place an order using the shopping cart, the information you give us will be checked for validity, by verifying your method of payment or shipping address. Your dealer reserves the right to reject any order you place and to limit quantities on any order, without giving any reason. If your order is rejected, you will be notified using the email address you provided with the order. Your credit card or PayPal account will normally not be charged if your order is rejected, but your dealer will process a refund if the charge has been made against your account.
Your receipt of an electronic or other form of order confirmation does not signify your dealer's acceptance of your order, nor does it constitute confirmation of your dealer's offer to sell. Your order will not be processed until payment information is provided to your selected dealer. FORD and your dealer reserve the right at any time after receipt of your order to accept or decline your order for any reason.
Termination of Use
FORD may, in its sole discretion, terminate your account or your use of the Custom Accessories websites at anytime. You are personally liable for any orders that you place or charges that you incur prior to termination. By entering an order, you accept personal liability for any charges that you may incur even if your account or use of the Custom Accessories website is subsequently terminated. FORD reserves the right to change, suspend or discontinue all or any aspects of the aforementioned websites at any time without prior notice.
All claims, disputes or controversies (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) arising out of or relating to: (a) these Terms and Conditions of Use; (b) this website; (c) any advertisement or promotion relating to these Terms and Conditions of Use or this website; or (d) transactions effectuated through this website, or (e) the relationship which results from these Terms and Conditions of Use (including relationships with third parties who are not party to these Terms and Conditions of Use) (collectively "Claims"), will be referred to and determined by binding arbitration governed by the Federal Arbitration Act and administered by the American Arbitration Association under its rules for the resolution of consumer-related disputes, or under other mutually agreed procedures. Because this method of dispute resolution is personal, individual and provides the exclusive method for resolving such disputes, you further agree, to the extent permitted by applicable laws, to waive any right you may have to commence or participate in any class action or class-wide arbitration against Ford related to any Claim.
This provision shall survive the termination of your right to use this website.
Third Party Information
Copyright 2012, Ford Motor Company. All rights reserved. This Site, including all materials, is protected by worldwide copyright laws and treaty provisions whether or not a copyright notice is present on the materials. All text, images, graphics, animation, videos, music, sounds and other materials on this Site are subject to the copyrights and other intellectual property rights of Ford, its affiliated companies and its licensors. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the materials. Except as expressly provided herein, Ford does not grant any express or implied right to you under any patents, trademarks or copyrights.
Subject to your continued compliance with these terms and conditions, Ford grants you a non-exclusive, non-transferable, limited right to access, use, display and listen to this Site and the information, images, sounds and text ("materials") thereon. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. You agree not to dispute Ford's claims of ownership or validity of its rights in the materials on this Site.
Ford authorizes you to view and download the materials at this Site only for your personal, non-commercial use. Ford may suspend or terminate this authorization at any time for any reason. This authorization is not a transfer of title in the materials and copies of the materials and is subject to the following restrictions:
- you must retain, on all copies of the materials downloaded, all copyright and other proprietary notices contained in the materials;
- you may not modify the materials in any way or reproduce or publicly display, perform, distribute, or otherwise use them for any public or commercial purpose;
- you must not transfer the materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use.
Linking, crawling and archiving
If you would like to link to this Site, you must comply with the following guidelines:
- do not incorporate any content from this Site into your site (e.g., by in-lining, framing or creating other browser or border environments around the website content). You may only link to, not replicate, the Site content;
- you may not use any Ford trademarks, logos, designs or service marks in your links;
- you may not create the appearance of a relationship or affiliation with Ford; and
- your site may not contain offensive, distasteful, illegal or inappropriate content.
If you would like to use a web crawler or other search tool to gather information from the Site, you must comply with the provisions of the robots.txt file of the site and you may not circumvent CAPTCHA or other security measures.
CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE, TAMPER WITH THE SUBMISSION PROCESS, OR OTHERWISE UNDERMINE FORD’S LEGITIMATE BUSINESS OPERATIONS MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, FORD RESERVES THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW.
The Ford name, and all trademarks and logos displayed on this Site are owned or used under license by Ford. These trademarks include, but are not limited to, product brand names (e.g., Ford, Lincoln ;), vehicle model names (e.g., Mustang, Taurus, Explorer, F-150, Focus, Ranger), slogans (e.g.,Built Ford Tough, Ford Custom Accessories), and logos and emblems. The unauthorized use of any trademark displayed on this Site is strictly prohibited.
Changes to the Site
Ford and its affiliates reserve the right to change, modify, suspend, discontinue or permanently cancel this Site's operation or portions thereof without any notice to you, including but not limited to product specifications or prices, at any time and from time to time without notice and without incurring any obligations. Your use of this Site after any changes are posted will be considered acceptance of such changes.
Indemnity and Hold Harmless
By using this Site you agree that you will defend, indemnify and hold harmless Ford and its subsidiaries and affiliates, their respective distributors, dealers, dealer associations and advertising and promotions agencies, together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorneys' fees and costs) arising out of your use of this Site, your breach or alleged breach of these Terms and Conditions, and/or your breach or alleged violation of the patent, copyright, trademark, proprietary or other rights of third parties. Ford reserves 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 Ford's defense of such claim.
Designated Agent for Copyright Notification
If you believe that any content on this Site infringes your copyright rights, please contact Ford's designated agent for receiving such notifications in writing as follows:
Kara Tertzag Lividini, Esq
Ford Motor Company
Fairlane Plaza South
330 Town Center Drive
Dearborn, MI 48126
Email address: email@example.com
Phone number: 313.323.8559
In your communication, please include:
- Your physical or electronic signature.
- Identification of the copyrighted work you claim to have been infringed, or, if there are multiple copyrighted works, a representative list of such works.
- Identification of the material that you claim to be infringing, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you or the law.
- A statement that the information your notification is accurate.
If the communication is submitted by someone on your behalf, the communication must also contain a statement that, under penalty of perjury, the submitter is authorized to act on your behalf.
Ford may at any time revise these Terms and Conditions by updating this posting. You are bound by such revisions and should therefore visit this page to review the current Terms and Conditions from time to time. NOTE THAT THESE TERMS AND CONDITIONS APPLY ONLY TO THIS SITE, OTHER WEBSITES PROVIDED BY FORD OR ITS AFFILIATES MAY HAVE DIFFERENT TERMS AND CONDITIONS THAT APPLY TO THE USE OF THOSE SITES. YOU ARE RESPONSIBLE FOR READING AND UNDERSTANDING THE TERMS AND CONDITIONS OF THOSE SITES.
This Site and all the information it contains is provided for information purposes only on an "as is" basis and could include technical, typographical or other errors. In certain areas, the information provided may represent an opinion or judgment. Ford, 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 the Site, the information, materials, content, availability, and products. To the extent permitted by applicable law, Ford disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Ford is not responsible for the content of any Site linked to this Site and is not directly or indirectly implying any approval, endorsement or affiliation with any linked Site.
YOU AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FORD'S OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SHAREHOLDERS, REPRESENTATIVES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS SITE AND YOUR USE THEREOF. FORD, ITS INFORMATION PROVIDERS AND THEIR AGENTS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES 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 OUR WEB SITE, (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 OUR WEB SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEB SITE BY ANY THIRD-PARTY, AND/OR (V) 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 THE WEB SITE. FORD DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE WEB SITE OR ANY HYPERLINKED WEB SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FORD WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING 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 FORD, INFORMATION PROVIDERS OR THEIR AGENTS ARE PROVIDING ANY LEGAL, TAX, MEDICAL, COUNSELING, ACCOUNTING, INVESTMENT, FINANCIAL OR ANY OTHER PROFESSIONAL SERVICES OR ADVICE.
These Terms and Conditions together with any additional terms to which you agree when using particular elements of this Site constitute the entire agreement regarding the Site and any services, and supersede all prior or contemporaneous communications, whether electronic, oral or written between you and us with respect to the Site or the services provided on the Site. The Site is operated from Ford's offices in the United States of America. These terms and conditions are governed by, and construed in accordance with, the laws of the State of Michigan, regardless of principles of conflicts of laws that may require the application of the laws of another jurisdiction. If a court determines that any term or condition in these Terms and Conditions is illegal or unenforceable, then such term will be eliminated and the remaining terms and conditions will remain in force and effect. Ford's failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions 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 and Conditions remain in full force and effect. All lawsuits arising from or relating to these Terms and Conditions shall be brought in the Federal or State courts located in Wayne County, Michigan, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.
Effective Date: August 8, 2012