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(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. 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.
360
MKS (CLE) Canada/United States of America, enUSA, First Printing
Appendices
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