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.

Privacy

Please review our Privacy Notice (the “Privacy Policy”), which is incorporated herein and also governs your use of the Site, to understand Porsche Design’s privacy practices.

Applicability

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.

Trademarks

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.

Disclaimers/No Warranties

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.

Links

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.

Indemnification

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.

Electronic Communications

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. 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.

Submissions

Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any communication or material you transmit to Site (including feedback, data, answers, questions, comments, suggestions, ideas, plans, orders, requests or the like) or otherwise in connection with this Site ("Submissions") will be treated as non-confidential and non-proprietary. By providing a Submission, you expressly grant Porsche Design an unrestricted, irrevocable, perpetual, transferable (i.e., fully assignable and sub-licensable), worldwide, royalty-free license to disclose, copy, reproduce, display, publicly perform, transmit, distribute, translate, reformat, incorporate, and otherwise use your Submission, in whole or in part, and create derivative works therefrom, in any media now known or hereafter developed, and for any and all commercial or non-commercial purposes without compensation to you or anyone else.

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. Those who access the Site from locations outside the U.S. 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. 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.

General Provisions

All or any of Porsche Design’s rights and obligations hereunder may be assigned to a subsequent owner or operator of the Site in a merger, acquisition or sale of all or substantially all of Porsche Design’s assets. If, for any reason, a court of competent jurisdiction finally determines any provision of these Terms, our Privacy Policy, or any portion thereof to be unenforceable, such provision shall be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms and Privacy Policy shall continue in full force and effect. Porsche Design’s failure to act with respect to a breach by you or others does not waive Porsche Design’s right to act with respect to that breach or subsequent or similar breaches. No consent or waiver by Porsche Design hereof shall be deemed effective unless delivered in a writing signed by a duly appointed officer of Porsche Design. These Terms, together with our Privacy Policy, Payment and Delivery Information, and any other applicable terms included within this Site and/or the Content, as each is currently posted on this Site, constitute the entire agreement between Porsche Design and you with respect to your use of this Site and the Content and supersede all previous written or oral agreements between Porsche Design and you with respect to such subject matter.

Notices

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

Last Updated

February 21, 2017

Copyright © 2017 Porsche Design of America, Inc. All rights reserved.

Important Notice: Our Privacy Policy has been updated to give you a better understanding of how we collect, use, and share your information. We have broadened the scope to include the offline collection of information and added more detail regarding automatic collection practices. If you would like a copy of all of the changes, you can request one by contacting us as described in the Contact Us section.

Porsche Design of America, Inc. Privacy Policy

This privacy policy (“Privacy Policy”) describes the information that Porsche Design of America, Inc. (“Porsche”) collects about you, how we use and share your information, and your choices.

Scope

This Privacy Policy applies to information collected about you by or on behalf of Porsche as set forth in the below “Information We Collect” section, including through the websites and online services or programs where this Privacy Policy is posted or linked (our “Online Services”), including but not limited to the website located at www.porsche-design.us (the “Site”). Unless otherwise indicated, all references to “Porsche,” “we” or “our” in this Privacy Policy means Porsche Design of America, Inc. This Privacy Policy does not apply to any of our affiliates or other Porsche companies.

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.

Our Online Services are for users located exclusively in the United States of America or Canada. If you are located outside the United States or Canada, please return to www.porsche-design.us and use the drop down box to find the website for users in your location, but please do not use our Online Services, as the information practices and the terms of this Privacy Policy may or may not comply with foreign law. By using our Online Services, you consent to the use and disclosure of your information in accordance with this Privacy Policy and subject to the applicable state and federal laws of the United States.

Information We Collect

As used in this Privacy Policy, “Personal Information” means information that can be used to identify a specific individual, such as name, e-mail address, phone number, driver’s license number, or credit card number. “Information” is collectively used herein to refer to both Personal Information and other information that does not identify a specific individual.

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.

We may combine any of the Information collected about you for the purposes described in this Privacy Policy.

Information Collected Automatically

Cookies: Cookies are small text files stored by your browser that allow us to learn more information about your visit or use of our Online Services. We may use cookies to remember your Personal Information, including your registration information, and to track your usage of our Online Services over time. Most browsers automatically accept cookies. You have the choice to set your browser to accept or reject cookies. Each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences. You can also learn more about cookies at the following websites:

  • For Microsoft Internet Explorer: http://www.microsoft.com/info/cookies.mspx;
  • For Mozilla Firefox: http://support.mozilla.com/en-US/kb/Options+window+-+Privacy+panel\;
  • For Safari: http://support.apple.com/kb/HT1677; and/or
  • http://www.allaboutcookies.org.

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;
  • processing payments;
  • investigating or settling inquires or disputes;
  • marketing purposes;
  • 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; and/or
  • 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.

Google Analytics

We use Google Analytics, a web analytics service provided by Google, Inc. (“Google”), on certain of our Online Services. Google Analytics uses cookies to collect information such as how often you visit our Online Services, what pages you visit within our Online Services, and what other sites you visited prior to coming to our Online Services. We use the information provided by Google Analytics to improve our Online Services. For more information regarding how Google collects, uses, and shares your information please visit http://www.google.com/policies/privacy/partners/. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of our Online Services. By using our Online Services, you consent to the processing of data about you by Google as specified herein. To provide users more choice on how their data is collected by Google Analytics, Google developed the Opt-out Browser Add-on: http://tools.google.com/dlpage/gaoptout?hl=en. By installing this Add-on, no information is being sent to Google Analytics.

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.

E-mail Security

"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.

Children’s Privacy

Our Online Services are not intended for use by children under 13. We do not knowingly collect Personal Information from children under the age of 13 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.

Contact Us

If you have any questions or comments about this Privacy Policy or our privacy practices, you may contact us by sending an e-mail to privacy@porsche.com, or by mail to Porsche Design of America, Inc., 600 Anton Blvd., Suite 1280, Costa Mesa, Californiar 92626, Attn: Privacy Officer.

Porsche reserves the right to modify this Privacy Policy at any time, so you should review it frequently for changes. If we make changes to this Privacy Policy, we will post such changes on the Site. Your continued use of our Online Services and/or provision of your Personal Information after such posting constitute your acceptance of such changes. If we make a change to this Privacy Policy that, in our sole discretion, materially affects the use or disclosure of your Personal Information, a notice will be posted on the Site with a link to the updated Privacy Policy. Please contact us as described in the Contact Us section if you would like information regarding any changes.

Your Acceptance of Our Privacy Policy

By using our Online Services, you signify your acceptance of this Privacy Policy, and you agree to adhere to the terms and conditions posted on our Site. If you do not agree with the terms of this Privacy Policy, please do not access or use our Online Services or submit any Personal Information to us.

Changes To This Privacy Policy

To request a summary of the changes made to the last version dated February 6, 2008, please contact us as described above.

Effective Date: February 6, 2015 Copyright © 2015 Porsche Design of America, Inc.