GENERAL BUSINESS TERMS AND CONDITIONS
This website ("Site") is provided by Porsche Design of Amercia, Inc. (“Porsche Design”, we”, “us”, or “our”). These Terms and Conditions of Use ("Terms") are a legal and binding agreement between you and Porsche Design governing your use of this Site, which includes its content, information, services, and features. If you do not agree to these Terms, then you should not use this Site.
BY ACCESSING OR USING THIS SITE, YOU AGREE TO THESE TERMS, AS MAY BE UPDATED FROM TIME TO TIME AS PROVIDED HEREIN. PLEASE READ THEM CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU SHOULD NOT USE THIS SITE.
MODIFICATION OF TERMS
Porsche Design may, at any time, amend these Terms, or may limit or deny access to, or change the content of, the Site. Any changes will become effective upon posting to this Site, along with the date on which it was most recently updated as indicated by the “Last Updated” section at the end of these Terms. Your continued access to and/or use of this Site after any such changes constitutes your acceptance of the Terms as modified. It is your responsibility to review the Terms regularly for updates.
Information and materials displayed on this Site, including without limitation, product pricing, specifications, warranty and/or other information, are applicable to products sold in the United States and not necessarily to Porsche Design products sold in other markets.
USE OF THE SITE
This Site and all content, data, information, and other materials (e.g., product information, photogrpahs, video clips, graphics, etc.) featured, displayed, contained, and available on this Site (collectively, the "Content") are owned by or licensed to Porsche Design and are protected by copyright, trademark, trade dress, patent, and/or other intellectual property rights. Subject to your compliance with these Terms, Porsche Design grants you a personal, non-exclusive, non-transferable, limited right to access, use, display, and download this Site for noncommercial purposes only. You may not, in any way, otherwise copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, sell, or exploit, in whole or in part, this Site or its Content.
You agree to use the Site and the Content in accordance with these Terms and all applicable laws and regulations. Porsche Design reserves the right, without notice, to prohibit access, use, conduct, communications that we, in our sole discretion, deem to be harmful to the Site, the Content, users, our brand, or any other person or entity, or that violates these Terms and/or applicable law.
Porsche Design and other Porsche product names, logos, symbols, trade names, trade dress, and slogans included in or made available through the Site and the products are owned or licensed to Dr. Ing. h.c. F. Porsche AG Company (“PAG”) or owned or licensed to Porsche Lizenz- und Handelsgesellschaft mbH & Co. KG, Stuttgart, Germany, or to Porsche Design and are protected by U.S. and international trademark laws (the “Marks”). You are prohibited from using any of the Marks without the express prior written consent of PAG, except as permitted by applicable laws. Nothing shown on this Site should be construed as granting, by implication, estoppel or otherwise, any permission, license or right to use any Mark without the written permission of PAG or the third party owner, as applicable. The use of any Mark, whether registered or unregistered, as a hyperlink to this Site or any other Porsche Design website is strictly prohibited unless consented to in writing by PAG. You are also advised that Porsche Design will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.
This site and the content are provided on an “as is”, and “as available” basis, and Porsche Design hereby expressly disclaims all representations and warranties of any kind, express, implied or statutory, including, without limitation, the implied warranties of title, non-infringement, accuracy, merchantability, or fitness for a particular purpose. Without limiting the foregoing, Porsche Design does not guarantee that the site or content will be error-free, uninterrupted, or free of viruses or other harmful components, or that any defects will be corrected.
LIMITATION OF LIABILITY
Porsche Design shall not be liable for any direct, indirect, incidental, special, consequential or punitive damages, lost profits, revenues or data, or losses for business interruption arising a (whether in contract, tort, strict liability or otherwise) out of or in connection with this site (including its modification or termination), the content, or these terms even if Porsche Design has been advised of the possibility of such damages and notwithstanding the failure of essential purpose of any remedy. Some jurisdictions do not allow exclusion of certain warranties or limitations of liability, and thus in such jurisdictions Porsche Design’s liability shall be limited to the greatest extent permitted by law.
Porsche Design may include links to other websites and social media platforms (“Linked Sites”). When visiting any Linked Site, you do so at your own risk. Porsche Design has no responsibility or liability for any Linked Sites, or the content, policies, or actions thereof. Linked Sites do not imply that Porsche Design endorses the Linked Site or its products and services.
You agree to defend, indemnify, and hold harmless Porsche Design, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensors, licensees, distributors, and other users of the Site, from all damages, liabilities, claims, and expenses (including, without limitation, attorneys’ fees and costs) arising from (1) any breach of these Terms by you, or (2) your use of the Site or the Content; or (3) any claims by third parties (including other users and any licensor of Porsche Design) that your activities or your submissions infringe upon, violate, or misappropriate any of their intellectual property or proprietary rights.
When you visit the Site, contact us, or send e-mails to Porsche Design, you are communicating with us electronically. You consent to receive communications from Porsche Design electronically. Porsche Design will communicate with you by e-mail or by posting notices on the Site. We may share your Personal Information with identified Service Providers (Salecycle, Facebook) sending electronic communications on behalf of Porsche Design as appropriate and necessary to allow them to perform their functions but they may not use such information for any other purpose. You agree that all agreements, notices, disclosures, and other communications that Porsche Design provides to you electronically satisfy any legal requirement that such communications be in writing.
INTERNATIONAL USE/COMPLIANCE WITH LAWS
We make no representation that the Site or the Content are appropriate or available for use at locations outside of the United States and Canada. Those who access the Site from locations outside the U.S. and Canada do so at their own initiative and risk, and are fully responsible for compliance with all applicable laws in those locations. You may not use the Site or transmit any technical data in violation of U.S. and Canada export laws and regulations. We do not offer the Site or the Content where prohibited by law.
MODIFICATION/TERMINATION OF SITE
Porsche Design may at any time, for any reason, and without notice or liability: (1) modify, suspend, or terminate operation of or access to this Site, the Content, or any portion thereof; (2) change, revise, or modify this Site, the Content, or any portion thereof; (3) interrupt the operation of this Site, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction, or for any other purposes; (4) impose limits on certain features and services, or restrict your access to parts of or the entire Site; and/or (5) terminate the authorization, rights, and licenses granted herein.
GOVERNING LAW, JURISDICTION, CLAIM LIMITATION
This Terms shall be governed in all respects by the laws of the State of California, USA, without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods. You agree to submit to the exclusive jurisdiction and venue of the courts located in the county of San Bernardino, CA. Any cause of action brought against Porsche Design must be commenced within one (1) year after the claim or cause of action arises.
All questions and notices relating to the Site and these Terms should be sent as follows:
Porsche Design of America, Inc.
Attn: Privacy Officer
600 Anton Blvd., Suite 1280,
Costa Mesa, CA 92626
July 3, 2018
Copyright © 2018 Porsche Design of America, Inc. All rights reserved.
LINKS, THIRD-PARTY WEBSITES, AND SOCIAL MEDIA PLATFORMS
Our Online Services may contain links to the websites of other Porsche companies or other third parties, as well as to social media platforms such as Facebook or Twitter (“Linked Sites”). Porsche is not responsible and has no liability for the privacy policies or practices of Linked Sites. We recommend that you review the privacy policies of each Linked Site you visit.
OUTSIDE THE U.S.
INFORMATION WE COLLECT
Porsche and its third party service providers collect Information about you from a variety of sources, including Personal Information you provide directly to us, Information we collect about you when access and use our Online Services. For example, when you complete a purchase of a product on the Site, we collect Personal Information such as your name, address, phone number, email address and credit card information. These are used to confirm, fulfill, bill and ship your order, as well as to respond to any later inquiries about the order. Similarly, if you make an information request on the Site, we may ask you to provide Personal Information in order to allow us to respond to your requests. Finally, we collect non-personal information such as your Internet browser type, operating system, and the IP address of the website from which you are linked to the Site. We use this information to help us tailor the Site in a manner to better match your computer settings, interests and preferences.
INFORMATION COLLECTED AUTOMATICALLY
For Microsoft Internet Explorer: https://support.microsoft.com/en-us/help/260971/description-of-cookies
For Mozilla Firefox: https://support.mozilla.org/en-US/kb/firefox-options-preferences-and-settings
For Safari: https://support.apple.com/kb/HT1677 and/or
Analytics Information: We may use third-party analytics tools, such as Google Analytics, to help us measure traffic and usage trends for our Online Services. These tools collect information sent by your browser or mobile device, including the pages you visit and other information that assists us in improving our Online Services. We collect and use this analytics information in aggregate form.
Log File Information: Log file information is automatically reported by your browser or mobile device each time you access our Online Services. When you use our Online Services, servers may automatically record certain log file information such as your web request, Internet Protocol (IP) address, browser type, referring / exit pages and URLs, number of clicks and how you interact with Linked Sites, domain names, landing pages, pages viewed, and other such information.
Clear Gifs/Web Beacons: When you use our Online Services, we may employ clear gifs (also known as web beacons) which are used to anonymously track your online usage patterns. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened and which links are clicked by recipients. This information facilitates more accurate reporting and improvement of our Online Services.
Location Data: When you access our Online Services via a mobile device, we may access, collect, monitor, and/or remotely store information regarding your mobile device, as well as real-time “location data,” which may include GPS coordinates. Location data may convey to us information about how you browse and use our Online Services. You may opt-out from allowing us to have access to your location data by adjusting the permissions in your mobile device, though some features of our Online Services may not function properly if use or availability of location data is impaired or disabled.
INFORMATION WE RECEIVE FROM THIRD PARTIES
We may receive Information about you from third parties. For example, if you access our Online Services through a third-party connection or log-in (e.g., through Facebook), such third party may pass certain information about your use of its service to us. We may also receive Information you have provided to our affiliates. We may also obtain other Information about you such as change of address, contact information, or demographic information from commercially or publicly available sources.
HOW WE YOU USE YOUR INFORMATION
We use your Information, including Personal Information, for a variety of business purposes, including:
providing our products and services to you
communicating with you regarding Porsche, and its products, services, and Events
customizing your Porsche experience
creating and managing your online login registration
responding to your inquiries, comments, or postings
administering our Events
improving and customizing our Online Services
internal operations such as enhancing our products and services, marketing efforts, and to conduct research and analysis
developing new products and services
investigating or settling inquires or disputes
enforcing our Terms and Conditions Use; and/or
protecting the security and integrity of our business and our Online Services.
YOUR CHOICES IN HOW WE USE YOUR INFORMATION
While Porsche may contact you with offers and information concerning Porsche or its products, services or Events, you always have the choice not to receive such items. At the time of purchasing a product from the Site, you will be given a choice whether to receive promotional e-mails from Porsche. Each promotional e-mail you receive from us will provide you a specific opt-out mechanism to allow you to unsubscribe from receipt of these promotional e-mails. You may contact us as described in the below Contact Us section to communicate your marketing preferences and request to be removed from marketing lists.
Even if you choose not to receive promotional e-mails or mailings from Porsche, we may continue to use your Personal Information in order to contact you in connection with product recalls or other transactional purposes.
HOW WE SHARE YOUR INFORMATION
Porsche does not sell or rent your Personal Information to third parties for their marketing purposes.
We share and disclose your Information as follows:
with third parties that provide a variety of services on our behalf, including the development, maintenance, and support of our Online Services, payment processing, communications, and marketing research and analysis
with members of our affiliated group of companies for promotional or other purposes
to manage and administer Events
to comply with law, a court order, or other legal process, or in connection with a legal investigation
as may be necessary to protect the rights and interests of Porsche, its affiliates, and our and their respective employees, customers, visitors, users, or any other person or entity
to enforce any applicable terms and conditions and other agreements
in the event of a corporate transaction, such as a merger, reorganization, or acquisition, in which event your Personal Information may be transferred to the acquiring company
in aggregated or other non-personally identifiable form
in accordance with your consent.
If you wish to opt out of any of the data sharing practices described in this section, please contact us as described in the below Contact Us section.
CALIFORNIA’S DO NOT TRACK NOTICE
At this time, there is no worldwide uniform or consistent industry standard or definition for responding to, processing, or communicating Do Not Track signals. Thus, our Online Services are unable to respond to Do Not Track Signals.
Porsche does not allow third parties to collect Personal Information when you use our Online Services for their promotional purposes. We do use third party web analytics services, such as Google Analytics, to help us obtain and analyze information about your browsing and usage habits.
HOW WE PROTECT YOUR INFORMATION
We implement reasonable technical, administrative, and physical safeguards to keep your Personal Information secure. For example, when you submit sensitive Personal Information, such as credit card information, through our Online Services, we utilize secure sockets layer (SSL) encryption technology. We also request that our third-party service providers use commercially reasonable security measures to protect your information from unauthorized access or use. However, no data transmission is guaranteed as 100% secure.
"Phishing" is a scam designed to steal your Personal Information. If you receive an e-mail that looks like it is from us asking you for your Personal Information, please notify us as provided below in the Contact Us section.
Our Online Services are not intended for use by children under 16. We do not knowingly collect Personal Information from children under the age of 16 without parental or guardian consent. Please contact us via the Contact Information provided below if you believe we may have collected such information without parental or guardian consent or other than in a manner authorized by law, and we will work to delete it.
To request a summary of the changes made to the last version dated July 3, 2018, please contact us as described above.
Effective Date: July 3, 2018 Copyright © 2018 Porsche Design of America, Inc.