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Terms and Conditions

Terms and Conditions

for the Porsche Connect Portal, the Porsche Connect Store, the Porsche Connect App, and the Porsche Connect Services as well as Porsche Products

(hereafter referred to as T&C)

Porsche Connect, Inc., One Porsche Drive, Atlanta, GA 30354, USA (hereafter referred to as “Porsche Connect” or “We”) may offer certain products and services to you (hereafter referred to as “you”, “your”, or “Customer ”) as follows: (a) the Porsche Connect Portal (hereafter referred to as “Portal”), (b) the Porsche Connect Store (hereafter referred to as “Store”), (c) the Porsche Connect mobile applicable (hereafter referred to as “App”) (d) Porsche connected car related services, including, information services, (hereafter referred to as “Porsche Connect Services”) (the Portal, Store, App, and Porsche Connect Services hereafter together referred to as Services) and (e) possible further products and services (hereafter referred to as “Porsche Products”).

These T&C apply to your use of the Services as well as the purchase and use of Porsche Products as a Customer of Porsche Connect (that is as a primary user, a secondary user and an interested party within the meaning of these T&C).

Porsche Connect may offer a selection of different services and products, and in such cases, additional terms of use may apply. Additional terms of use (if any) are hereby incorporated by reference into these T&C. In the event of a conflict between any term or condition of these T&C and the separate terms of use offered by Porsche Connect, the separate terms of use will prevail.

You agree you have full legal capacity to accept these T&C and have reached the age of majority in your jurisdiction to enter into binding contracts.

These T&C are a legal binding agreement between Porsche Connect and you. By using the Services, you agree to be bound by these T&C. If you do not agree with any of these terms, you are not permitted to access or use the Services or purchase Porsche Products that are subject to these terms.

In order to access and use certain Services, you will need to enter into separate agreements with third party service or application providers, including wireless service providers or internet services providers (each a "Third Party Service Provider"). You acknowledge that such separate agreements are binding agreements solely between you and the Third Party Service Provider and that Porsche Connect is not responsible for the terms of such agreements and has no obligations, responsibilities, or liabilities thereunder or with respect to the services provided by a Third Party Service Provider.

THESE T&C INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE SERVICES, THESE T&C OR THE PORSCHE CONNECT PRIVACY NOTICE TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT.

THE DISPUTE RESOLUTION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION.

THESE TERMS AND CONDITIONS ALSO INCLUDE A JURY WAIVER.

MORE INFORMATION ABOUT THE ARBITRATION AND CLASS ACTION WAIVER CAN BE FOUND IN SECTION 14 (DISPUTES; BINDING INDIVIDUAL ARBITRATION; CLASS ACTION AND JURY TRIAL WAIVER) BELOW.

 

1. Porsche ID

1.1 In order to provide the Services and selected Porsche Products to you, you must register and create an online account with Porsche Connect (including by setting up a user name and password) (a "Porsche ID"). The Porsche ID alone (that means without any subscription to Porsche Connect Services or without any purchase of Porsche Products) does not impose any purchase obligation and/or payment obligation on the Customer.

1.2 Your use of the Porsche ID is subject to these T&C, as may be modified by Porsche Connect from time to time. We may, at our sole discretion, modify these T&C at any time and such modifications will be effective immediately upon posting to the Portal, along with the date on which it was most recently updated at the end of these T&C. If You do not agree with any modification, then you may not use the Services. Your continued access or use of any of the Services after our notice indicates your acceptance to the modified T&C.

1.3 The Customer is obliged (a) to provide accurate and truthful information about his/her person at the time of registration on the Portal, and (b) in case of respective changes to required or mandatory information, to correct without undue delay such information on the Portal. Such required or mandatory information are marked as such when requested by us on the Portal and the Store. Additionally, you are responsible for maintaining the confidentiality of your Porsche ID account information, including your login ID and password, and for any and all activity that occurs under your account. You agree to notify Porsche Connect immediately upon learning of any unauthorized use of your account, login ID, or password or any other breach of security. You may not use any other user’s account, login ID, or password at any time without the express permission and consent of the holder of that account, login ID, or password. Porsche Connect will not be liable for any loss or damage arising from your failure to comply with these obligations.

 

2. Primary- and secondary users, interested parties

2.1 Primary user in relation to a connected car (that is a Porsche with which Porsche Connect Services may be used) (“ Connect-able vehicle”) is the Customer who is a party to these T&C and who may be one of the following: (a) the owner of the vehicle, (b) the primary custodian/user of the vehicle if not the owner and/or (c) a member of a user group which is explicitly permitted by Porsche Connect as primary user (i.e., lessees or employees which are provided with the vehicle as a company car). A Connect-able vehicle is permitted to have only one primary user.

2.2 Secondary user in relation to a Connect-able vehicle is a Customer, who is not a primary user but who is authorized as secondary user by the primary user and who has set up a Porsche ID. For secondary users, the complete scope of functionality of the Portal, the Store or Porsche Connect Services may not be available. The scope of functions of the Portal, the Store and the Porsche Connect Services to which you are subscribed depends on the scope of rights granted to you by the primary user and/or the system to the secondary user.

2.3 Interested party is a Customer who is neither primary nor secondary user in relation to at least one Connect-able vehicle (in particular a potential purchaser of a Connect-able vehicle). If at all, the Portal with limited scope of functions is provided to an interested party (in particular the subscription and configuration of Porsche Connect Services is not possible).

2.4 These T&C apply to all third party users of the Services under your Porsche ID. You are responsible for (i) all activities of users that access or use the Services under your Porsche ID, (ii) informing other users that their access and use of the Services is subject to these T&C, and (iii) ensuring that such users comply with these T&C.

 

3. Subscription to Porsche Connect Services

3.1 A Primary User may subscribe to individual or multiple Porsche Connect Services for a Connect-able vehicle for which a Vehicle Link exists in the Portal (see Section 3.5) in the Store in accordance with these T&C and possible further applicable terms of use (which are available in the Store).

3.2 Availability, description, term and prices of the Porsche Connect Services are detailed in the Store and may be specified further in the additional terms of use, if any. The availability of Porsche Connect Services depends on the equipment of the respective vehicle.

3.3 Porsche Connect, in its sole discretion, reserves the right to change or modify the Services, in whole or in part, at any time and without notice or liability to you. Porsche Connect may be required from time to time to suspend or limit your access to or use of the Services without further notice to You and without liability to You, to address system issues, issues with your Porsche ID, or other issues that may impact the performance, enjoyment, or security of the Services.

3.4 The Porsche Connect Services subscribed to by the relevant Primary User are tied to a specific vehicle, may not be transferred to another Connect-able vehicle and may not be used in another Connect-able vehicle. This restriction applies regardless of whether the Primary User of the respective Connect-able vehicle is also a Primary User of another Connect-able vehicle at the same time.

3.5 Customers may view on the Portal whether, and if so, which vehicles are linked with their Porsche ID (hereafter referred to as Vehicle Link) and for which Vehicle Link they are defined as Primary or Secondary Users. If a respective Vehicle Link is not displayed to a Primary User on the Portal, the Primary User may request on the Portal or through a Porsche Center the set-up of the respective Vehicle Link on the Portal. The set-up of the respective Vehicle Link can be made subject by Porsche Connect to the provision of appropriate proof and in case of a used vehicle subject to the deletion of the relevant Vehicle Link by the previous Primary User according to Section 6.1 (1).

3.6 AUTOMATIC RENEWAL OF THE SUBSCRIPTION TO PORSCHE CONNECT SERVICES

3.6.1 WHEN YOU ORDER PORSCHE CONNECT SERVICES IN THE STORE, YOU WILL HAVE A CHOICE OF A FIXED TERM WITH OR WITHOUT AUTOMATIC SUBSCRIPTION RENEWAL. SUBJECT TO THE RIGHTS OF TERMINATION OR CANCELLATION DESCRIBED IN SECTIONS 7.2.1 AND 8.1, UPON THE EXPIRATION OF THE INITIAL TERM FOR SUCH PORSCHE CONNECT SERVICES, THE TERM MAY BE AUTOMATICALLY PROLONGED FOR THE TERM AND RATE SPECIFIED IN THE FURTHER TERMS OF USE FOR PORSCHE CONNECT SERVICES AND PRICING TERMS AVAILABLE ON THE PORTAL AND STORE.

3.6.2 PURSUANT TO SECTION 7.4, THE RIGHT OF TERMINATION CAN BE EXERCISED BY CONTACTING PORSCHE CONNECT IN WRITING (PORSCHE CONNECT INC., ONE PORSCHE DRIVE, ATLANTA, GA 30354) OR EMAIL ( info@porsche.us) OR VIA THE FUNCTION "END SUBSCRIPTION" ACCESSIBLE THROUGH THE PORSCHE CONNECT STORE.

3.6.3 BY AGREEING TO THESE T&C, THE FURTHER TERMS OF USE FOR PORSCHE CONNECT SERVICES, AND PRICING TERMS AVAILABLE ON THE PORTAL AND STORE, YOU ACKNOWLEDGE YOUR UNDERSTANDING OF AND AGREEMENT TO THE AUTOMATIC SUBSCRIPTION RENEWAL OF THE SUBSCRIPTION TO PORSCHE CONNECT SERVICES AND YOUR RIGHTS OF TERMINATION.

3.7 Mobile Terms & Conditions – Porsche US Short Code

3.7.1 In order to activate the Porsche Connect account and to use the full functionality of the Portal and the Porsche Connect Services, verification via text message code is required. Therefore the Customer requests a SMS pin code on the Porsche Connect website and accepts the receipt of SMS from the short code 356911. Frequency of text messages is based on the account activities.

3.7.2 Customer may exit the text-messaging service at any time by sending the word STOP to the short code 356911. The words END, CANCEL, UNSUBSCRIBE, STOP ALL, and QUIT are also opt-out words associated with this program.

3.7.3 Customers in need of assistance must send the keyword HELP to the short code 356911. Then the Customer will receive the Porsche Connect Support contact details info@porsche.us | 1-800-PORSCHE via SMS reply, automatically.

3.7.4 The Porsche Connect text-messaging service is provided without charge by Porsche, outside of the standard text messaging and data rates for text messages sent and received from a Customers mobile device according to the terms and conditions in their wireless calling plan (only Message & Data Rates May Apply). The Porsche Connect text-messaging service may be subject to fees and charges imposed by a Customer’s wireless service provider under their mobile plan. Text messaging and wireless service are not available in all areas. Not all mobile devices may be supported. The wireless carrier does not guarantee that text messages will be delivered and will not be liable for delayed or undelivered messages.

3.7.5 CARRIER PARTICIPATION: AT&T, T-Mobile®, Verizon Wireless, Sprint, Boost, U.S. Cellular, MetroPCS, InterOp, Cellcom, C Spire Wireless, Cricket, Virgin Mobile and others. T-Mobile statement: T-Mobile® is not liable for delayed or undelivered messages.

3.7.6 If you need advice on, or have any questions about Porsche Connect Services please contact the Porsche Connect Support. You can reach us daily between 7 a.m. and 9 p.m. ET by calling 1-800-PORSCHE.

3.8 The Services are protected by copyright laws and may be subject to other intellectual property protections, including patent and trademark rights. You may not copy, distribute, modify, perform, broadcast, display, transmit, reuse, re-post, use (except as expressly set out herein) or claim any right in any aspect of the Services, including the content, features, text, images, audio, and video without Porsche Connect’s express, prior written permission. Any trademarks, logos, and service marks, or other indicia of ownership displayed in connection with the Services are the registered and/or unregistered trademarks (“Marks”) of Porsche Connect, its affiliates or other third parties. Nothing contained in the Services gives you any license or right to use or display any such Marks without the written permission of Porsche Connect or the other owner thereof and your use of the Marks is expressly prohibited.

 

4. Use of Services and Your Responsibilities

4.1 You are granted a personal, non-exclusive, non-transferable, limited right to access, use, display, and download the Services for noncommercial purposes only.

4.2 Always drive safely and obey all laws, traffic rules and regulations while operating any Services or connected devices from your vehicle. Failure to operate Services or connected devices in a safe and lawful may result in an accident. Your use of the Services or connected devices is at your sole risk and sole responsibility.

4.3 Customer agrees that Customer will not directly or indirectly engage in the following conduct: (i) harm or disrupt the operation or performance of the Services, or harm or disrupt the use of the Services by others; (ii) intercept any network connection or other communication; (iii) misrepresent your identity or impersonate any person to attempt to gain access to the Services; (iv) upload or distribute malware, viruses, Trojan horses, worms, or any other similar applications that may damage the operation of the Services; (v) circumvent, disable, or otherwise impair the functionality or security of the Services; (vi) circumvent any copy protections of the Services; (vii) remove or modify any copyright notices, Marks or other proprietary rights notices contained in the Services, or (viii) otherwise use or access the Services in a manner that would violate these T&C.

4.4 The Customer may not use the Services for illegal purposes and the Customer will not permit that third parties will do so. The Customer is not entitled to process the data and information received during the use of the Services for business or commercial purposes or to disclose such data and information to any third parties for business or commercial purposes.

4.5 The Customer acknowledges that in connection with the use of Services certain data - potentially also personal data - will be collected in order to provide the Services to the Customer. It may for example be necessary depending on the subscribed to Porsche Connect Service for the provision of the respective Porsche Connect Service to collect the status of certain parts or to collect data on the environment and to analyze such data. For these purposes, such data may also be transferred to other Porsche entities and other third parties that are engaged by Porsche Connect or other Porsche entities in this context. For more information regarding our privacy practices: https://connect-store.porsche.com/us/en/tac/t/privacy

 

5. Purchase of Porsche Products

5.1 Individual or several Porsche Products may be separately purchased in the Store in accordance with these T&C and further terms of use for a Service, if any.

5.2 Availability, description, (as the case may be) term and prices of the Porsche Products are detailed in the Store and may be specified in the further terms of use.

5.3 Please note that the purchase of Porsche Products may be subject to other terms and conditions of sale that may be different from these T&C. Insofar this is the case, we will expressly indicate this prior to the purchase.

 

6. Sale and/or permanent transfer of the vehicle; Transfer of the Porsche ID

6.1 In case of sale or permanent transfer of a Connect-able vehicle to a third party (hereafter referred to as Used-Car Purchaser) the Primary User is required (1) to delete the respective Vehicle Link on the Portal, and (2) to inform the Used-Car Purchaser of any existing Porsche Connect Services for the respective Connect-able vehicle.

6.2 In case of sale or permanent transfer of a Connect-able vehicle, the Primary User - in addition to his/her termination rights pursuant to Section 7: (1) may terminate all Porsche Connect Services concerning the relevant vehicle, and (2) in case that no further vehicle is linked to the Porsche ID, may also terminate the Porsche ID as a whole by providing Porsche Connect with at least 2 weeks’ notice prior to the end of the month. Insofar as a Porsche Connect Service is terminated before the end of its term, there will be no reimbursement (not even proportionally) of payments made for the service. The Used-Car Purchaser may however make use of the remaining term if he/she obtains a Porsche ID and subscribes to the respective Porsche Connect Service. In connection with the sale or transfer of the Connect-able vehicle, the Primary User is permitted to make an arrangement with the Used-Car Purchaser with respect to possible compensation paid by the Used-Car Purchaser to the Primary User in the amount of the remaining value of the Porsche Connect Services.

6.3 A Porsche ID existing with a Customer may not be transferred to a third party (including Used-Car Purchaser) without Porsche Connect's approval.

 

7. Term and Termination of the Porsche ID and the Porsche Connect Services

7.1 To the extent permitted by applicable law, and in addition to other termination and suspension rights set forth in these T&C, Porsche Connect may terminate:

7.1.1 These T&C or your access to the Services immediately and at any time with or without notice, if Porsche Connect determines, in its sole judgment, that Customer has violated these T&C;

7.1.2 Your Porsche ID immediately and at any time with or without notice if no vehicle is linked to the Porsche ID;

7.1.3 A free of charge Porsche Connect Service immediately and at any time with or without notice; and

7.1.4 These T&C or your access to the Services without cause upon fourteen (14) days prior notice to you.

7.2 To the extent permitted by applicable law, the Primary User may terminate:

7.2.1 A fixed-term Porsche Connect Service (that is a Porsche Connect Service for which a fixed term with an automatic subscription renewal of such term is agreed) only by providing at least 2 weeks’ notice prior to the end of the term of such fixed-term Porsche Connect Service, if otherwise the term would be prolonged automatically;

7.2.2 A free of charge Porsche Connect Service without an agreed minimum term immediately and at any time with or without notice;

7.2.3 Your Porsche ID immediately and at any time with or without notice in case no vehicle is linked to the Porsche ID; and

7.2.4 Your Porsche ID upon fourteen (14) days’ notice in case your vehicle is linked to the Porsche ID.

7.3 Except as otherwise set forth in Section 7.2 and in Section 8.1, you may not cancel or terminate the Porsche Connect Services and you will not be entitled to a refund for prepaid services if you do not cancel Porsche Connect Services pursuant to Section 8.1 below.

7.4 You may terminate pursuant to Sections 6.2 and 7.2 in writing, via email, via the Portal or via the Store. In connection with your termination pursuant to Section 7.2.1 above (in order to terminate the automatic subscription renewal of the Porsche Connect Services), you may terminate via the "End Subscription" function on the Store. In connection with your termination pursuant to Section 7.2.3 above, you may terminate via the "Delete Account" function on the Portal.

 

8. Cancellation of the Services and Return of Products

8.1 Cancellation of Services. You have the right to cancel these T&C for Services within 14 days after you subscribe to the Services for any or no reason. To exercise this right, you must inform us of your desire to cancel the Services either via mail (Porsche Connect Inc., One Porsche Drive, Atlanta, GA 30354, USA), phone (1-800-PORSCHE), or email ( info@porsche.us). If you cancel these T&C for Services, Porsche Connect shall refund you the payments Porsche Connect received from you; provided, that if you began to use the Services within the 14 day cancellation period, we shall refund the amount after deducting a pro-rated portion of the value of the services used during the 14 day cancellation period. Porsche Connect will provide such refund within 14 days from the date in which Porsche Connect was informed about your decision to cancel these T&C. Porsche Connect will carry out such refund using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, we will not charge any fees as a result of such refund.

8.2 Return of Products. You have the right to return any Products you purchased within 14 days after your purchase date for any or no reason. To exercise this right, you must inform us of your desire to cancel via mail (Porsche Connect, Inc., One Porsche Drive, Atlanta, GA 30354, USA), phone (1-800-PORSCHE), or email ( info@porsche.us) and return the Products within 14 days after your purchase date. In order to receive a full refund, all returned Products must be in their original and unused condition, and we will refund you all payments received from you, including the costs of delivery (minus costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), within 14 days after Porsche Connect receives the returned Products. We will carry out such refund using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, we will not charge any fees as a result of such refund.

 

9. No warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PORSCHE CONNECT MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUALITY, ACCURACY, AND AVAILABILITY CONCERNING THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE".

Some jurisdictions do not allow limitations of implied warranties, so certain limitations stated above may not apply to you, in which case Porsche Connect's warranties shall be limited to the extent permitted by applicable law.

 

10. Liability

10.1 THE ENTIRE LIABILITY OF PORSCHE CONNECT AND ITS PARENT, AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, LICENSEES, AUTHORIZED DESIGNEES, SUCCESSORS AND ASSIGNS (THE "PORSCHE GROUP"), FOR ALL DAMAGES OF EVERY KIND AND TYPE (WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT OR OTHERWISE) SHALL BE LIMITED TO (A) FOR PORSCHE PRODUCTS, THE TOTAL AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCTS, AND (B) FOR THE SERVICES, THE PROPORTIONATE AMOUNT OF THE SERVICE CHARGES PAID BY YOU AND ATTRIBUTABLE TO THE AFFECTED PERIOD; PROVIDED, HOWEVER, IF THE SERVICES ARE PROVIDED TO YOU WITHOUT CHARGE, THEN THE PORSCHE GROUP SHALL HAVE NO LIABILITY TO YOU WHATSOEVER FOR THE SERVICES. THE FOREGOING TERMS SET A LIMIT ON THE AMOUNT OF DAMAGES PAYABLE AND ARE NOT INTENDED TO ESTABLISH LIQUIDATED DAMAGES. YOU EXPRESSLY RECOGNIZE AND ACKNOWLEDGE THAT SUCH LIMITATION OF LIABILITY IS AN ESSENTIAL PART OF THESE TERMS AND PORSCHE CONNECT'S PROVISION OF THE SERVICES TO YOU, AND IS AN ESSENTIAL FACTOR IN ESTABLISHING THE PRICE OF THE SERVICES. In addition, Porsche Group accepts no liability for the accuracy and actuality of data and information provided via the Services by third parties.

10.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PORSCHE GROUP BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THESE T&C, THE PRODUCTS OR SERVICES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOSS OF GOODWILL, LOSS OF DATA OR USER CONTENT, OR BUSINESS INTERRUPTION), EVEN IF PORSCHE GROUP IS APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.

10.3 THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT OR FRAUD OF PORSCHE CONNECT.

10.4 Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion set forth in Section 10.2 may not apply to you. In New Jersey, the limitations set forth in Section 10.1 will not limit or exclude liability for the negligence of Porsche Connect.

 

11. Indemnity.

In consideration of Porsche Connect's provision of the Services to You and the rights granted to You, to the maximum extent permitted by law and unless prohibited by law, You agree to indemnify the Porsche Group and hold the Porsche Group harmless from and against any and all losses, damages, injuries (including death), causes of action, claims, penalties, interest, additional taxes, demands, and expenses, including reasonable legal fees and expenses, of any kind or nature arising out of or on account of, or resulting from, any claim or demand made to or against Porsche Group: (i) arising out of your failure to comply with these T&C; (ii) arising out of your negligence, willful misconduct, or fraud; or (iii) arising out of the negligence, willful misconduct, or fraud of any other person accessing or using the Services through your Porsche ID. We reserve the right to assume the exclusive defense and control of any third party claim subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. This provision shall remain in full force and effect notwithstanding any termination of your use of the Services.

 

12. Privacy

12.1 Porsche Connect‘s Privacy Notice applies to use of the Services, and its terms are made a part of these T&Cs this reference. By accessing and using the Services you agree to be bound by our Privacy Notice (https://connect-store.porsche.com/us/en/tac/t/privacy).

12.2 You further agree to inform drivers and users of the vehicle for which a Vehicle Link exists on the privacy practices of Porsche Connect regarding the collection and use of their information during their use of the Porsche Connect Services.

 

13. Electronic communications

When you use the Services or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these T&C.

 

14. Final provisions

These T&C, and any disputes arising out of or relating to these T&C, shall be governed by the laws of the State of Georgia without giving effect to its conflicts of law principles and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

 

15. DISPUTES; BINDING INDIVIDUAL ARBITRATION; CLASS ACTION AND JURY TRIAL WAIVER

15.1 Porsche Connect is available to address any concerns You may have regarding the Services. You may call us at:1-800-PORSCHE, email us at info@porsche.us, or send us regular mail at Porsche Connect, Inc., One Porsche Drive, Atlanta, GA 30354, USA.

15.2 MANDATORY BINDING ARBITRATION. Customer agrees that final and binding arbitration on an individual basis shall be the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of these T&C, the Services, or your purchase of Porsche Products. Notwithstanding the foregoing, any dispute or claim relating to patent, copyright, trademark, trade secret, privacy or publicity rights, shall not be resolved in arbitration and, instead, the parties agree that such dispute shall be resolved exclusively in state or federal court in the State of Georgia, and Customer consents to exclusive jurisdiction and venue in such courts. Customer acknowledges and agrees that the Federal Arbitration Act and federal arbitration law apply to arbitrations under these T&C (despite any other choice of law provision).

Arbitration under these terms and conditions shall be conducted by the American Arbitration Association (the "AAA"). For claims of less than or equal to $75,000 (exclusive of attorney’s fees, costs, and alleged punitive damages or penalties), the AAA's Consumer Arbitration Rules will apply; for claims over $75,000, the AAA's Commercial Arbitration Rules will apply. The AAA rules are available at https://www.adr.org. Any Notice of Arbitration should be mailed to us at the following address:

Porsche Connect, Inc.

Attn: Legal Department

Porsche Connect, Inc., One Porsche Drive, Atlanta, GA 30354, USA

15.3 CLASS ACTION WAIVER. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ARBITRATION SHALL PROCEED SOLELY ON AN INDIVIDUAL BASIS WITHOUT THE RIGHT FOR ANY DISPUTES TO BE ARBITRATED ON A CLASS ACTION BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF OTHERS. Disputes may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. In the event that this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction without a jury and not in arbitration.

15.4 WAIVER OF RIGHTS, INCLUDING TO TRIAL BY JURY. By agreeing to arbitration, Customer understands and agrees that you are waiving your rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle their disputes. The rules in arbitration are different. There is no judge or jury, and review of an arbitrator's decision is very limited. CUSTOMER FURTHER AGREES THAT, WHETHER A CLAIM WILL BE RESOLVED IN ARBITRATION OR IN COURT, THE PARTIES BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES.

15.5 To the extent permitted by applicable law, and unless prohibited by applicable law, Customer agrees that Customer must file any arbitration request, claim or cause of action arising out of or relating to the Services or Products or otherwise relating to these T&C within one (1) year after the events giving rise to such request, claim or cause of action, or you shall be forever barred from filing such request, claim or cause of action.

 

16.Contact information

If you have any questions about these T&Cs, the Services, or the Porsche Prodcuts, please contact us at:

1-800-PORSCHE, info@porsche.us or at

Porsche Connect, Inc.,

One Porsche Drive, Atlanta, GA 30354, USA.

 

17. Last Updated

Terms and Conditions last updated on December 12, 2016.

Copyright © 2016 Porsche Connect, Inc. All rights reserved.

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