TERMS OF USE
YOUR USE OF A SERVICE
These terms, along with our Privacy Policy, apply to your use of any product and/or service offered by Ford Motor Company, Limited ("Ford") on www.fgelearning.com and www.fordcemlearning.com/ (the "Services").
If you continue to use a Service, then you are deemed to accept the Terms and Conditions and it forms a legally binding agreement between you and Ford. If you do not agree with these Terms and Conditions, Privacy Policy, then please do not use the Service.
ACCESSING SERVICES
You understand that before accessing a Service, it is your responsibility to take protective measures to guard against computer viruses and other destructive elements, such as through the use of industry standard and updated virus scanning tools, and to ensure that you have a complete, current and secure back-up of information and software on your computer or other devices that you may use to access the Services.
ACCOUNT
The Service is accessed through a Unique Ford Account. You agree that you are responsible for all activities and transactions that occur through your account. You will promptly notify Ford if you become aware of any unauthorized access or use of your account.
THE CONTENT — PROTECTED BY COPYRIGHT AND TRADE-MARK LAWS
The Services include literary, musical, dramatic and, artistic works, including but not limited to computer programs, software, databases, text, information, data, code, sounds, sound effects, sound recordings, audio, musical compositions, performances, video, cinematographic works, photographs, pictures, illustrations, and graphics (the "Content").
All Content is protected by United States and international intellectual property laws and treaties, including copyright and trade-mark laws, and is owned by Ford, or otherwise provided by a third-party.
All trade-marks (including, but not limited to, trade names, logos, word and design marks) that appear in the Services are the trade-marks or registered trade-marks of Ford or of their respective owners and are protected from reproduction, dilution, and confusing or misleading uses. The use of any trade-mark appearing on any of the Services without the express written consent of the trade-mark owner is strictly prohibited.
LICENCE TO USE THE SERVICES AND CONTENT
You are hereby granted a non-exclusive, limited, non-transferable licence to use, access and view the Content and Services for training and learning and development purposes.
All rights are otherwise reserved. You may not modify, sell, resell, make derivative works, create a database, create a media monitoring service, aggregate, deep link, republish, retransmit, distribute, transfer, communicate, broadcast, or otherwise make the Services and Content available, including without limitation, by caching, scraping, harvesting, framing, or similar means without the prior written consent of Ford and its licensors, as applicable.
No other uses of the Content and Services are permitted, unless otherwise permitted by law. For additional licensing options, please see the Contact Information section of the Terms and Conditions.
RESTRICTIONS ON THE USE OF CONTENT AND SERVICES
You acknowledge that Ford has the right, but is under no obligation, to monitor the Content, Services, and your use of the Content or Services. You agree that you will not use the Services in an unlawful manner. You acknowledge that Ford may, but is under no obligation, to investigate any violations by you of the Terms and Conditions, Privacy Policy and applicable laws in respect of the Services.
You agree not to use the Services and Content in any manner that violates the following restrictions:
- is defamatory, libellous, offensive, abusive, stalking, threatening, demeaning, obscene, promotes hatred, bigotry, racism, sexism, harassment, discrimination, is pornographic, indecent, unlawful, profane, harmful to minors, false, misleading, would constitute spam, promotes, advocates or otherwise encourages illegal activities including activities that would constitute a criminal offense or give rise to civil liability, or otherwise violate the legal rights of others;
- infringe any intellectual property rights including copyrights, trade-marks, proprietary rights, privacy rights, publicity rights or any other rights of any kind whatsoever;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy, circumvent, disable, replicate, damage or otherwise limit the functionality of any computer software or hardware or telecommunications equipment, including without limitation, Trojan horses, worms, time bombs, computer viruses, code, cancelbots or corrupted files;
- use any spider, robot, other automatic device or manual process to monitor, harvest or copy the Content of the Services without the express written consent of Ford;
- violate or attempt to violate the security of the Services or Content, including without limitation accessing data not intended for you, logging into a registration account you are not authorized to access, attempting to probe, scan or test the vulnerability of the Services, information technology systems or network or to breach security authorizations;
- take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services; or
- create a substitute for the Services or Content, meaning any product or service that diminishes the need for users or third-parties to access the Services or Content via Ford.
Please report any Content that you believe violates these Terms and Conditions or the Community Guidelines at the email address provided under the Contact Information section.
DISCLAIMERS
- THIRD-PARTY CONTENT, USER-GENERATED CONTENT, LINKS TO WEBSITES
The Services and Content may contain third-party content, such as links to third-party websites and licensed third-party content. Your use or reliance on third-party content is solely at your own risk.
Third-party content is not under the control of Ford. Third-party content is provided to you for general information purposes only. Ford does not endorse third-party content.
- DOWNLOADS
The Services and Content may contain materials available for download, such as software applications, codes, data, files, images or other forms of Content.
Your use of downloaded materials may be governed by terms made available to you at the time of download. Any materials downloaded or otherwise obtained by you through your use of the Services and Content is done at your own risk and you are solely responsible for any damage to your computer system or loss of data that may result from the download and/or use of such material.
You agree that downloaded materials, unless otherwise specified, are licensed to you for your personal, non-commercial use. You may not modify, redistribute, decompile, reverse engineer, disassemble the downloaded material, and you must maintain all copyright or other proprietary notices.
Ford and its licensors, to the maximum extent permitted by law, make no warranties regarding the downloaded materials and will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of or in connection with your use of or reliance on the downloaded materials, including the failure of the downloaded materials to meet your needs, standard, expectations or specifications.
- NO WARRANTY
THE SERVICE AND THE CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. USE OF THE SITE OR THE CONTENT IS AT YOUR OWN RISK. FORD DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, OR TIMELINESS OF THE SITE OR THE CONTENT. OSLER DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE SERVICE OR THE CONTENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, FORD DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SERVICE AND THE CONTENT WHETHER EXPRESS, IMPLIED OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR THAT THE SERVICE OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IN NO EVENT WILL FORD BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OR ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT FORD IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, THE SERVICE OR THE CONTENT.
INDEMNITY
You agree to indemnify, defend and hold harmless Ford and each of its respective officers, directors, affiliates, business partners, employees, agents, licensors and all third parties mentioned on the Services and Content from and against any and all claims, actions, losses or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: your breach of these Terms and Conditions; your access and use of the Services and Content; your use or reliance on the Services and Content; your publication, communication, distribution or transmission otherwise of the Services or Content; or your violation of any law or regulation. You will use your best efforts to cooperate with Ford in the defense of any claim. Ford reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
TERMINATION
Ford provides Services at its sole discretion. Ford may at any time revise, withdraw, discontinue, amend, suspend any or all of the Services, with or without notice to you as provided in these Terms and Conditions. Under no circumstances will Ford be held responsible or liable for removing, disabling or restricting access to the availability of the Services.
Ford reserves the right to terminate or otherwise suspend your registration account to any Services at any time for any reason whatsoever without notice to you.
JURISDICTION
These Terms and Conditions are governed by the laws of the United States and these laws apply to the use of the Service or the Content by you, notwithstanding your domicile, residency or physical location. The Site and the Content are intended for use only in jurisdictions where it may lawfully be offered for use. You may not export any Services or Content in violation of applicable export laws and regulations. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.
GENERAL
These Terms and Conditions and the Privacy Policy are personal to you, supersede any prior agreements between you and Ford in respect of the applicable subject-matter, and constitute the entire agreement between you and Ford. You may not assign or otherwise sub-contract your rights or obligations to anyone.
The failure of Ford to insist upon or enforce the strict performance of any right or provision under these agreements will not constitute or be construed as a waiver of any right or provision.
If any of the provisions (or parts thereof) contained in these Terms and Conditions and the Privacy Policy are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determine will not affect the remaining provisions (or parts thereof) contained herein.