TERMS AND CONDITIONS

This website (“Site”) is provided by Luxusmarken Von Adrenaline Inc., official franchise partner of Porsche Design in the Philippines (“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 Policy, which is incorporated herein and also governs your use of the Site, to understand Porsche Design’s privacy practices.

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 Philippines 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 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 AND Luxusmarken Von Adrenaline Inc., 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. 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.

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 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 Philippines, without regard to conflict of law principles or the Philippines on the International Sale of Goods. You agree to submit to the exclusive jurisdiction and venue of the courts located in the Philippines. 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.

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