Terms and Conditions

Welcome to www.testdriveaford.com (the "Site"). This Site is operated by Flash Point Communications or a third party vendor hired on behalf of the Flash Point Communications (hereinafter collectively referred to as "Flash Point Communications") and the content on the Site is owned by Flash Point Communications or its affiliated companies and by affiliates and third parties that post on the Site through a license from Flash Point Communications, but for whom Flash Point Communications assumes no direct responsibility. Please read these terms and conditions and the Privacy Policy contained on the Site, as they, together with any additional terms to which you agree when using particular elements of the Site, constitute the entire agreement regarding the Site and set forth the legally binding terms governing your visit to this Site. These Terms and Conditions apply to all persons who visit this Site ("Visitors"), regardless of your level of participation. 

By using this Site you agree that you have read, understand and accept the following terms and conditions ("Terms and Conditions") and the Privacy Policy, and you affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. By using this Site, you also agree that you will not use this Site for any purpose that is unlawful or in contravention of these Terms and Conditions. Flash Point Communications, its vendor administering this Site and its affiliates reserve the right to change these Terms and Conditions from time to time without notifying you. If you object to any such changes, your sole recourse shall be to cease using this Site. Continued use of the Site following the effective date any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the Terms and Conditions of such changes. Flash Point Communications may cease all or part of the Site at any time without notice and is not obligated to retain or return any post or comment. If you do not agree to any of these Terms and Conditions, or the Privacy Policy, please do not use the Site. 

Depiction of Vehicles

Vehicles shown on this Site are for general illustration only. Vehicles shown are typically a sample vehicle only of the same model year. Details of a selected vehicle may vary from the vehicle shown.

Third Party Information 

This Site may contain links to third-party websites that are not owned or controlled by Flash Point Communications. Flash Point Communications has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any Third Party Websites. In addition, Flash Point Communications will not and cannot censor or edit the content of any Third Party Website. By clicking on links, you expressly relieve Flash Point Communications from any and all liability arising from your use of any Third Party Website, or from the content of any Third Party Website. When using a Third Party Website, you should be aware when you leave Flash Point Communications Site and read the terms and conditions and privacy policy of each Third Party Website that you visit.

Limited Licenses

Copyright 2017, Flash Point Communications, its vendors, its affiliated companies and its licensors. 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 Flash Point Communications, its vendors, 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, Flash Point Communications 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, Flash Point Communications 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 Flash Point Communications claims of ownership or validity of its rights in the materials on this Site.

Flash Point Communications authorizes you to view and download the materials at this Site only for your personal, non-commercial use. Flash Point Communications 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:

  1. you must retain, on all copies of the materials downloaded, all copyright and other proprietary notices contained in the materials;
  2. 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;
  3. 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.


Use of the Site and Posting Policy
In addition to any terms and conditions set forth in promotion official rules that may apply to content you submit to the Site, the following requirements apply to your use of the Site: (a) you will not use any electronic communication feature of the Site for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data about other users; (d) you will not use the Site for any commercial purpose not expressly approved by Flash Point Communications in writing; (e) you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment. 
From time to time on certain areas of our Site you may be able to submit photos, written posts and certain other materials ("User Content").  By using these features, you agree that you will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Flash Point Communications; that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organization, including without limitation, the personnel of Flash Point Communications, or misrepresent an affiliation with another person or organization; you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or feature of the Site.  You further understand and agree that you have no ownership rights in materials you submit to us, to any account you may have with us, or other access to the Site or features therein.  Flash Point Communications may cancel your account and delete all User Content associated with your account at any time, and without notice, if Flash Point Communications deems that you have violated these Terms, the law, or for any other reason.  Flash Point Communications assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site or a user account.
By displaying, publishing, or otherwise posting any User Content on or through the Site, you hereby grant to Flash Point Communications a non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, in video or music software computer programs. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein.  You represent and warrant that you own the content submitted, displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
You agree to indemnify and hold Flash Point Communications, its parents, subsidiaries, officers, employees, and website contractors and administrators and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys' fees and costs, related to your violation of these Terms, including the Posting Policy, or any violations thereof by your dependents or which arises from the use of User Content you submitted, posted, or otherwise provided to Flash Point Communications or this Site. 

Linking, crawling and archiving

If you would like to link to this Site, you must comply with the following guidelines:

  1. 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;
  2. you may not use any Flash Point Communications trademarks, logos, designs or service marks in your links;
  3. you may not create the appearance of a relationship or affiliation with Flash Point Communications; and
  4. 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.

Other Conditions/Restrictions

CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE, TAMPER WITH THE SUBMISSION PROCESS, OR OTHERWISE UNDERMINE FLASH POINT COMMUNICATIONS’S LEGITIMATE BUSINESS OPERATIONS MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, FLASH POINT COMMUNICATIONS 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.

This Site is not designed to address warranty or customer service questions or concerns or products sold by Flash Point Communications. If you have a question about a Flash Point Communications product, please contact Flash Point Communication's Customer Relationship Center by emailing theteam@fpcdigital.com

Trademark Notice

The Flash Point Communications name, and all trademarks and logos displayed on this Site are owned or used under license by Flash Point Communications. These trademarks include, but are not limited to, product brand names (e.g., Flash Point Communications, Lincoln, Motorcraft&#reg;), vehicle model names (e.g., Mustang, Taurus, Explorer, F-150, Focus), slogans (e.g., Built Flash Point Communications Tough), and logos and emblems. The unauthorized use of any trademark displayed on this Site is strictly prohibited.

Changes to the Site

Flash Point Communications 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, 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.

Privacy

For an explanation of Flash Point Communications policies and practices regarding information that we may collect from you in connection with your use of this Site, you should review the Site’s Privacy Policy the terms of which are incorporated herein. By using this Site, you are agreeing to this Privacy Policy and you will be bound by the terms of such Privacy Policy.

Indemnity and Hold Harmless 

By using this Site you agree that you will defend, indemnify and hold harmless Flash Point Communications and its subsidiaries and affiliates, the vendor administering this site, and 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. Flash Point Communications 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 Flash Point Communications defense of such claim. 

Designated Agent for Copyright Notification

If you believe that any content on this Site infringes your copyright rights, please contact Flash Point Communications designated agent for receiving such notifications in writing as follows:

Copyright Notification
Flash Point Communications
3070 Bristol Street, Suite 580
Costa Mesa, CA 92626
Email address: theteam@fpcdigital.com

In your communication, please include:

  1. Your physical or electronic signature.
  2. Identification of the copyrighted work you claim to have been infringed, or, if there are multiple copyrighted works, a representative list of such works.
  3. Identification of the material that you claim to be infringing, and information reasonably sufficient to permit us to locate the material.
  4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address.
  5. 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.
  6. 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.

Disclaimer

Flash Point Communications 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 FLASH POINT COMMUNICATIONS 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. Flash Point Communications, 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, Flash Point Communications disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Flash Point Communications 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, FLASH POINT COMMUNICATIONS'S AND ITS VENDOR’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. FLASH POINT COMMUNICATIONS, ITS VENDORS, 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. FLASH POINT COMMUNICATIONS 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 FLASH POINT COMMUNICATIONS 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 FLASH POINT COMMUNICATIONS, INFORMATION PROVIDERS OR THEIR AGENTS ARE PROVIDING ANY LEGAL, TAX, MEDICAL, COUNSELING, ACCOUNTING, INVESTMENT, FINANCIAL OR ANY OTHER PROFESSIONAL SERVICES OR ADVICE.

Miscellaneous

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 Flash Point Communications 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. Flash Point Communications 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: February 15, 2017