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AGREEMENT TO USE DEALER WI-FI NETWORK AND PRIVACY STATEMENT Access to the Dealer Wi-Fi Network is for authorized users only. By accessing the Dealer Wi-Fi Network, you represent that: a) You have read, understand and agree to be bound by the terms and conditions of this Agreement; and b) You are at least 18 years of age. If you do not agree to the terms and conditions of use, or if Dealer, Ford, or Meraki (collectively the “Wi-Fi Providers”) have not authorized you to access this service, you must logout immediately. 1. The Wi-Fi Providers are providing you access to the internet through the Dealer Wi-Fi Network as a complimentary service for your convenience during your visit at the dealership, subject to your acceptance of this Agreement. 2. You acknowledge and accept that (i) the Dealer Wi-Fi Network provides unencrypted access to the internet; (ii) that you are solely responsible for the security of your device and any transmissions you make or receive; and (iii) that you understand the risks of unencrypted access to the internet and will take any necessary security precautions, including but not limited to encrypting confidential transmissions, backing up any data, and protecting your device with a firewall and robust user authentication. You do not have an expectation of privacy or confidentiality when using the Dealer Wi-Fi Network. 3. You agree that your activities on the Dealer Wi-Fi Network shall not: a. introduce any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; b. create any liability for the Wi-Fi Providers or their affiliates or cause the Wi-Fi Providers to lose (in whole or in part) the services of their suppliers; c. violate any law, statute, regulation or other enactment (including, but not limited to, those governing export control, consumer or data protection, unfair competition, anti-discrimination, or false advertising); d. be defamatory, threatening, abusive or harassing; e. be obscene or involve pornography of any kind; f. infringe any third party's copyright, patent, trademark, trade secret or other intellectual property rights, rights of privacy, or rights of publicity; g. involve any attempt to access any data or system that you are not authorized to access; or h. transmit "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming." 4. You further agree to fully defend, indemnify, release, and discharge the Wi-Fi Providers, their affiliates, suppliers, and dealers and any of their officers, agents, or employees, for any and all claims, causes of action, demands, actions, or liabilities of whatever kind and nature, including but not limited to third party costs, claims, expenses or losses arising out of or in connection with your activities on the Dealer Wi-Fi Network. 5. Except where prohibited by applicable law, the Wi-Fi Providers may access, monitor, audit, intercept, and disclose any communications, data, or information that you send or receive while using the Dealer Wi-Fi Network. 6. The communications, data, or information that you send over the Dealer Wi-Fi Network will be identifiable to you and/or your device. When using the Dealer Wi-Fi Network, the Wi-Fi Providers collect, and may use and disclose the following information identifiable to you and/or your device: a. information regarding your device , such as MAC address, device type, device name, operating system, and geolocation information (collectively “Your Device Information”); and b. Information regarding your log-in and web activity, such as: any information provided at log-in, names of websites visited, and information transmitted by devices when attempting to access or download data or content (e.g., hostnames, protocols, port numbers, and IP addresses). (collectively “Your Log-in/Website Activity Information”). 7. Your Device Information and Your Log-in/Website Activity information will be used by the Wi-Fi Providers for operations such as analyzing the use of/enhancing the Dealer Wi-Fi Network’s effectiveness, and improving dealerships and customer relations. The Wi-Fi Providers may combine information collected over the Dealer Wi-Fi Network with other information collected about you or your device from previous interactions with Ford or Ford dealers. For information about Meraki’s privacy practices go to https://meraki.cisco.com/support/#policies:privacy 8. You can choose whether or not to disclose Your Device Information/Your Log-in/Website Activity Information by deciding whether to join the Dealer Wi-Fi Network. If you do not want to disclose this information, you should not join the Dealer Wi-Fi Network. If you decide not to join, we will not be able to provide you with Wi-Fi service. 9. You agree that you shall not share or otherwise disclose to any other person the Dealer Wi-Fi Network access information that the Wi-Fi Providers make available to you in connection with this Agreement and that you will keep that information confidential. 10. You agree that the Wi-Fi providers are not required to make any internet services available, and may revoke your access to the Dealer Wi-Fi Network at any time for any reason or no reason with or without notice. The Wi-Fi Providers shall have no liability for any losses caused by any such revocation of access. 11. You agree that the Dealer Wi-Fi Network may filter content and prevent you from accessing certain Internet websites. You further agree that the Wi-Fi Providers are not responsible for content that you may encounter when you use the Internet. Users who discover they have connected with a website that contains sexually explicit, racist, sexist, violent, or other potentially offensive material must immediately disconnect from that site. 12. TO THE EXTENT PERMITTED BY LAW, ACCESS TO THE DEALER WI-FI NETWORK IS PROVIDED "AS-IS" AND "WHERE-IS," WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT WHERE PROHIBITED BY LAW, THE WI-FI PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, UNFORESEEN, OR CONSEQUENTIAL LOSSES INCLUDING WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS OR LOSS OR DAMAGE TO DATA ARISING OUT OF OR RELATED TO YOUR ACCESS (OR NON-ACCESS) TO AND USE OF THE DEALER WI-FI NETWORK, EVEN IF THE WI-FI PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 13. You shall not under the terms of this Agreement be deemed to have been granted any right or license under any patent, patent application, copyright or other proprietary right now or hereafter owned or controlled by the Wi-Fi Providers. 14. Execution of this Agreement does not create any obligation on the part of either party to enter into any additional agreement or transaction. 15. The parties do not intend that any agency or partnership relationship be created between them by this Agreement. 16. No waiver by either party of any breach of this Agreement to Use Dealer Wi-Fi Network will be deemed to be a waiver of any preceding or subsequent breach. 17. If for any reason a court of competent jurisdiction finds any provision in this Agreement to be illegal or otherwise unenforceable, that provision will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remaining provisions shall continue in full force and effect. 18. The Wi-Fi Providers reserve the right to make changes to this Agreement at any time, and such changes will be effective immediately upon being posted. Each time you use the Dealer Wi-Fi Network, you should review the current Agreement. The date at the bottom of the Agreement will let you know when the most recent updates were made. Your continued use of the Dealer Wi-Fi Network will indicate your acceptance of the current terms of the Agreement. 19. This Agreement constitutes the entire agreement between you and the Wi-Fi Providers regarding the accepted use and terms of the Dealer Wi-Fi Network. You agree that no advice or information provided to you by the Wi-Fi Providers or their employees will alter this Agreement in any way. 20. The terms of this Agreement shall be governed by the law of the State of Michigan. Any and all controversies or claims arising out of or relating to this Agreement, or the breach thereof, or the interpretation thereof, shall be resolved by final and binding arbitration in Detroit, Michigan, in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator or arbitrators may be entered in any court having jurisdiction thereof. DATE: 02/04/15

 

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