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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.
359
MKS (CLE) Canada/United States of America, enUSA, First Printing
Appendices
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