Ford Transit Connect (2018 year). Manual — part 99

substitute for your personal judgment.
Any route suggestions made by this
system should never replace any local
traffic regulations or your personal
judgment or knowledge of safe driving
practices.

•

Route Safety: Do not follow the route
suggestions if doing so would result in
an unsafe or illegal maneuver, if you
would be placed in an unsafe situation,
or if you would be directed into an area
that you consider unsafe. The driver is
ultimately responsible for the safe
operation of the vehicle and therefore,
must evaluate whether it is safe to
follow the suggested directions.

•

Potential Map Inaccuracy: Maps
used by this system may be inaccurate
because of changes in roads, traffic
controls or driving conditions. Always
use good judgment and common sense
when following the suggested routes.

•

Emergency Services: Do not rely on
any navigation features included in the
system to route you to emergency
services. Ask local authorities or an
emergency services operator for these
locations. Not all emergency services
such as police, fire stations, hospitals
and clinics are likely to be contained in
the map database for such navigation
features.

Your Responsibilities and Assumptions of
Risk
•

You agree to each of the following:(a)
Any use of the SOFTWARE while
driving an automobile or other vehicle
in violation of applicable law or
otherwise driving in an unsafe manner
presents a significant risk of distracted
driving and should not be attempted
under any circumstances;(b) Use of
the SOFTWARE at excessive volume
poses a significant risk of hearing
damage and should not be attempted
under any circumstances;(c) The
SOFTWARE may not be compatible
with new or different versions of an
operating system, third party software,
or third party services, and the
SOFTWARE may potentially cause a
critical failure of an operating system,
third party software, or third party
service.(d) Any third party service
accessed by or third party software
used with the SOFTWARE (I) may
charge an additional fee for access, (ii)
may not work correctly, on an
uninterrupted basis, or error free, (iii)
may change streaming formats or
discontinue operation, (iv) may contain
adult, profane or offensive content; and
(v) may contain inaccurate, false or
misleading traffic, weather, financial
or safety information or other content;
and (e) Use of the SOFTWARE may
cause you to incur additional charges
from your wireless service provider
(WSP) and any data or minute
calculators that may be included in the
software program are for reference
only, are not warranted in any way and
should not be relied upon in anyway.

•

When using the SOFTWARE, you agree
to be responsible for and assume the
entire risk to the items set forth in
Section (a) – (e) above.

Disclaimer of Warranty

YOU EXPRESSLY ACKNOWLEDGE AND
AGREE THAT USE OF THE DEVICES AND
SOFTWARE IS AT YOUR SOLE RISK AND
THAT THE ENTIRE RISK AS TO
SATISFACTORY QUALITY,
PERFORMANCE, COMPATIBILITY,
ACCURACY AND EFFORT IS WITH YOU.
TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, THE SOFTWARE
AND ANY THIRD PARTY SOFTWARE OR
THIRD-PARTY SERVICES ARE PROVIDED
"AS IS" AND “AS AVAILABLE”, WITH ALL
FAULTS AND WITHOUT WARRANTY OF
ANY KIND, AND FORD MOTOR COMPANY
HEREBY DISCLAIMS ALL WARRANTIES
AND CONDITIONS WITH RESPECT TO
THE SOFTWARE, THIRD PARTY
SOFTWARE, AND THIRD-PARTY
SERVICES, EITHER EXPRESS, IMPLIED OR
STATUTORY, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES
AND/OR CONDITIONS OF
MERCHANTABILITY, OF SATISFACTORY
QUALITY, OF FITNESS FOR AN
ARTICULAR PURPOSE, OF ACCURACY,
OF QUIET ENJOYMENT, AND
NON-INFRINGEMENT OF THIRD-PARTY
RIGHTS. FORD MOTOR COMPANY DOES
NOT WARRANT (a) AGAINST
INTERFERENCE WITH YOUR ENJOYMENT
OF THE SOFTWARE, THIRD PARTY
SOFTWARE, OR THIRD-PARTY SERVICES,
(b) THAT THE SOFTWARE, THIRD PARTY
SOFTWARE, OR THIRD-PARTY SERVICES
WILL MEET YOUR REQUIREMENTS, (c)
THAT THE OPERATION OF THE
SOFTWARE, THIRD PARTY SOFTWARE,
OR THIRD-PARTY SERVICES WILL BE
UNINTERRUPTED OR ERROR-FREE, (d)
OR THAT DEFECTS IN THE SOFTWARE,
THIRD PARTY SOFTWARE, OR
THIRD-PARTY SERVICES WILL BE
CORRECTED. NO ORAL OR WRITTEN
INFORMATION OR ADVICE GIVEN BY
FORD MOTOR COMPANY OR ITS
AUTHORIZED REPRESENTATIVE SHALL

CREATE A WARRANTY. SHOULD THE
SOFTWARE, THIRD PARTY SOFTWARE,
OR THIRD-PARTY SERVICES PROVE
DEFECTIVE, YOU ASSUME THE ENTIRE
COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION. SOME
JURISDICTIONS DO NOT ALLOW THE
DISCLAIMER OF IMPLIED WARRANTIES
OR LIMITATIONS ON APPLICABLE
STATUTORY RIGHTS OF A CONSUMER,
SO THE ABOVE DISCLAIMER MAY NOT
FULLY APPLY TO YOU. THE SOLE
WARRANTY PROVIDED BY FORD MOTOR
COMPANY SHALL BE FOUND IN THE
WARRANTY INFORMATION INCLUDING
WITH YOUR OWNER GUIDE. TO THE
EXTENT THAT THERE IS ANY CONFLICT
BETWEEN THE TERMS OF THIS SECTION
AND THE WARRANTY BOOKLET, THE
WARRANTY BOOKLET SHALL CONTROL.

Applicable Law, Venue, Jurisdiction

•

The laws of the State of Michigan
govern this EULA and Your use of the
SOFTWARE. Your use of the
SOFTWARE may also be subject to
other local, state, national, or
international laws. Any litigation arising
out of or related to this EULA shall be
brought and maintained exclusively in
a court of the State of Michigan
located in Wayne County or in the
United States District Court for the
Eastern District of Michigan. You hereby
consent to submit to the personal
jurisdiction of a court in the State of
Michigan located in Wayne County and
the United States District Court for the
Eastern District of Michigan for any
dispute arising out of or relating to this
EULA.

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

may award the same damages to You
individually as a court could. The arbitrator
may award declaratory or injunctive relief
only to You individually, and only to the
extent required to satisfy Your individual
claim.

(g) Arbitration fees and incentives.

•

I. Disputes involving $75,000 or less.
FORD MOTOR COMPANY will
promptly reimburse your filing fees and
pay the AAA’s and arbitrator’s fees and
expenses. If you reject FORD MOTOR
COMPANY’S last written settlement
offer made before the arbitrator was
appointed (“last written offer”), your
dispute goes all the way to an
arbitrator’s decision (called an
“award”), and the arbitrator awards
you more than the last written offer,
FORD MOTOR COMPANY will give you
three incentives: (1) pay the greater of
the award or $1,000; (2) pay twice your
reasonable attorney’s fees, if any; and
(3) reimburse any expenses (including
expert witness fees and costs) that
your attorney reasonably accrues for
investigating, preparing, and pursuing
your claim in arbitration. The arbitrator
will determine the amounts.

•

ii. Disputes involving more than
$75,000. The AAA rules will govern
payment of filing fees and the AAA’s
and arbitrator’s fees and expenses.

•

iii. Disputes involving any amount. In
any arbitration you commence, FORD
MOTOR COMPANY will seek its AAA
or arbitrator’s fees and expenses, or
Your filing fees it reimbursed, only if the
arbitrator finds the arbitration frivolous
or brought for an improper purpose. In
any arbitration FORD MOTOR
COMPANY commences, it will pay all

filing, AAA, and arbitrator’s fees and
expenses. It will not seek its attorney’s
fees or expenses from you in any
arbitration. Fees and expenses are not
counted in determining how much a
dispute involves.

(h) Claims or disputes must be filed
within one year. To the extent permitted
by law, any claim or dispute under this
EULA to which this Section applies must
be filed within one year in small claims
court (Section c) or in arbitration (Section
d). The one-year period begins when the
claim or dispute first could be filed. If such
a claim or dispute is not filed within one
year, it is permanently barred.

(I) Severability. If the class action waiver
(Section e) is found to be illegal or
unenforceable as to all or some parts of a
dispute, then that portion of Section e will
not apply to those parts. Instead, those
parts will be severed and proceed in a court
of law, with the remaining parts proceeding
in arbitration. If any other provision of that
portion Section e is found to be illegal or
unenforceable, that provision will be
severed with the remainder of Section e
remaining in full force and effect.

Telenav Software End User License
Agreement

Please read these terms and conditions
carefully before you use the TeleNav
Software. Your use of the TeleNav
Software indicates that you accept these
terms and conditions. If you do not accept
these terms and conditions, do not break
the seal of the package, launch, or
otherwise use the TeleNav Software.
TeleNav may revise this Agreement and
the privacy policy at any time, with or
without notice to you. You agree to visit
http://www.telenav.com from time to time
to review the then current version of this
Agreement and of the privacy policy.