I. INTRODUCTION
A wholly independent educational, entertainment and informational website for Porsche® owners, aspiring owners and/or Porschephiles in general, StuttgartDNA.com (“StuttgartDNA”) is not affiliated in any way whatsoever with venerable Dr. Ing. h.c.F. Porsche Aktiengesellschaft, Porsche Automovil Holding SE, nor with Porsche Cars North America or the Porsche Club of America. Even the vaguest perception of any type of affiliation or connection should not be construed as intentional nor implied, but seen simply as purely coincidental. Furthermore, any and all registrations and trademarks referenced on these pages are the exclusive property of their respective owners. Any references, therefore, to Porsche®, to the Porsche® marque, or to its products and services as expressed on these web pages are intended only for product and service identification, as well as for informational, educational purposes for the enlightenment and entertainment of our viewers/visitors.
The Terms and Conditions as set forth in the Terms of Use and the Privacy Policy below constitute a legally binding agreement between StuttgartDNA.com, its domain, sub-domains and subsidiary network of affiliates (sometimes referred to herein collectively as “the Website,” “us,” “we” or “our”) and you (the “User” or “Advertiser”). These Terms of Use bear provisions that define your limits, legal rights and obligations with respect to your use of and participation in the Porsche® Resources Directory (the “Resources Directory”) with a Directory Listing(s) available through the domain and sub-domains of the Resources Directory located at http://stuttgartdna.com (collectively referred to herein as the “Website”).
As hereinafter used, the terms “User,” “user,” “You,” “you,” “Your,” “your,” “Advertiser” and “advertiser” shall be synonymous with and shall refer to the person, individual or business entity (or the employees, authorized representatives, agents, affiliates, or anyone acting on his/her/its behalf) that is enjoying the identified goods and services and/or accessing the Website.
NOTICE: YOU ARE ENTERING INTO AND VALIDATING A LEGALLY BINDING MUTUAL AGREEMENT BETWEEN US BY PROCEEDING TO PERUSE OUR WEBSITE IN GENERAL AND OUR RESOURCES DIRECTORY IN PARTICULAR. BY SO USING THIS WEBSITE, YOU ARE CONFIRMING YOUR ACCEPTANCE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND BY OUR PRIVACY POLICY.
1. Objective
The objective of the Porsche® Resources Directory is to connect Porschephiles seeking to do business with other owned or affiliated businesses. To accomplish this goal, we make goods and services available through the Website and its mobile applications to assist you and other Porschephiles to meet, find deals, and do business with our professionals and businesses along our Resources Directory network.
The primary purpose of the Resources Directory, therefore, is to promote worldwide Porsche®-online-multiplying entrepreneurs, businesses and resources by allowing these business owners to register their goods and services on StuttgartDNA’s online database. Conversely, Website clients with a need for these goods or services can conduct a speedy advanced search, choose a Listed goods or service provider and engage that goods or service provider to produce the requested goods or perform the necessary work. This allows our targeted entrepreneurs to become better known globally, outside their own local communities, and allows our clients to find needed goods and services on one site, with each sought-after, discovered Listing only a click away.
2. Contingency and Scope
You agree, by registering with the Porsche® Resources Directory or by using the Website, including our mobile applications, or other information provided as part of our Services (collectively the “Services”), that you are entering into a legally binding agreement with StuttgartDNA (P.O. Box 412561, Los Angeles, California 90041) and any and all of its subsidiary network of affiliates.
If you are utilizing the Website on behalf of a business, company or other legal entity, then you are nonetheless bound individually by the terms of this Agreement. If you do not agree to any of the provisions as set forth in this Terms of Use, then please do NOT join, access, view, download or otherwise use any Resources Directory webpage, information or services. By listing your resource, company or business, you acknowledge that you have read and now understand the terms and conditions of this Agreement and that you agree to be bound by all of its provisions. By registering with the Resources Directory to establish a Directory Listing or by using the Website, you acknowledge that you have read and now understand the terms and conditions of this Agreement and that you agree to be bound by all of its terms and conditions.
II. YOUR OBLIGATIONS
1. Applicable Laws and This Agreement
You agree to comply with all applicable laws, with this Agreement – as may be amended from time to time with or without advance notice – and with the policies and processes explained in the Privacy Policy. StuttgartDNA reserves the right to revise these Terms of Use as well as the Privacy Policy at any time by updating those respective webpages. Therefore, you should revisit these pages often to review the latest terms and conditions – as you are bound by them.
The Website makes no claims that the site’s materials and content may be lawfully viewed and/or downloaded outside the United States of America. Access to the materials and content may not be legal by certain persons or in certain countries. If you access the Website from outside of the United States, you do so at your own peril, and you are responsible for compliance with the laws of your own jurisdiction. This Agreement is governed by the jurisdictional laws of the State of California and by the laws of the United States of America, respectively, but without respect to conflict-of-laws principles. Jurisdiction for any claims arising under this Agreement shall lie within the exclusive purview of the local, state or federal courts within the State of California. If any provision of this Agreement is declared to be invalid by any court of law having competent jurisdiction, then the invalidity of such provision shall not affect the validity of the remaining balance of provisions of this Agreement, which shall thus remain in full force and effect. No waiver of any term of this Agreement therefore can be deemed a further or continuing waiver of the Agreement as a whole.
2. License and Warranty of your Submissions to the Resources Directory
You own the information that you provide to the Resources Directory under this Agreement, and you may therefore request its deletion at any time, unless you have shared such information or content with others and they have not deleted it, or it was copied or stored by other users. In addition, you grant the Resources Directory a nonexclusive, worldwide, perpetual, unlimited, assignable, irrevocable, fully paid-up and royalty-free right to us to copy, improve, prepare derivative works of, distribute, publish, add to, process, analyze, use, retain, remove, commercialize and sublicense, in any manner now known or in the future to be discovered, any information that you provide, directly or indirectly to the Resources Directory, including, but not limited to, any user-generated content, concepts, ideas, techniques or data to the Services you submit to the Resources Directory, without any further notice, consent, and/or compensation to you or to any third parties. Any information that you submit to us is done so at your own risk of loss as noted in Sections II. and III. of this Agreement.
The Website’s Resources Directory is intended to be used only for lawful purposes by individuals seeking information about resources, companies and businesses offering their respective goods and services, thus advertising the availability of said goods and services to potential customers. By providing Directory information and data to us, you represent and warrant that you are entitled to, as well as unencumbered to, submit said information, and that said information is accurate, not confidential, and not in breach of any contractual obligations, restrictions or other third-party rights. As a User and Advertiser, you are solely responsible for keeping your profile information accurate and updated. You are also responsible for your own communications and are furthermore responsible for the consequences of their posting.
In a similar vein, you agree to refrain from committing the following actions: posting material that is copyrighted, unless you are the copyright owner or have the express written permission and consent of the copyright owner to post such material; posting material that reveals trade secrets; posting false, misleading or inaccurate information; posting a Resources Listing or altering or revising a Resources Listing to include information about, or solicitations for, any unlawful activities or transactions; posting material that infringes on any other intellectual-property rights of others or on the privacy or publicity rights of others; deleting or editing any material posted by any other registered individual or entity by breaching the security of their Resources Directory account; posting material that is obscene, embarrassing, hateful, abusive, threatening, defamatory or harassing to users or to any other person or entity; posting sexually explicit statements or images; or simply impersonating another individual.
The Website does not affirm nor guarantee the truthfulness, veracity, reliability or accuracy of statements, allegations or communications posted by Users or Advertisers, nor does the Website endorse any opinions expressed by Users or Advertisers. You acknowledge that any reliance on material posted by other Users will be at your own risk. We have no obligation nor capability to pre-screen communications, and we are not responsible for screening or monitoring material posted by Users. If notified by a user of postings or statements which are alleged not to comply with this Agreement, then the Website may investigate the allegation and determine in good faith and at its sole discretion whether or not to remove, or request the removal of, said postings in question. However, the Website has no liability nor responsibility to Users for the performance or nonperformance of taking such actions. Although, the Website does reserve the right to expel Users and prohibit any further access to the Website and Resources Directory for violating this Agreement and/or any attendant jurisdictional law, and the Website does also reserve the right to remove communications which are abusive, disruptive or illegal.
3. Eligibility for Service
In order to be eligible to advertise on the Resources Directory, you must meet the following criteria as well as represent and warrant that you: (1) are 18 years of age or older; (2) are currently employed by or own the business, company or resource that you want to list on the Resources Directory; (3) are not currently restricted from the Services, or not otherwise prohibited from having a Resources Directory account; (4) have complete authority and power to enter into this Agreement and in so doing will not violate any other agreement(s) to which you are a party; (5) will not infringe upon any rights of the Resources Directory, including intellectual-property rights such as copyright or trademark rights; (6) agree to provide at your own cost all equipment, software, and Internet access necessary to use the Services; and (7) are NOT a competitor of the Resources Directory and/or are NOT using the Services for ulterior motives, thereby surreptitiously jockeying your Listing in direct — as well as oblique — competition with the Resources Directory.
4. Registration and Log-In Credentials
Your responsibilities include maintaining the confidentiality of your data and sign-in password. You shall also be responsible for all uses of your registration with the Resources Directory, whether authorized by you, or not — and you agree to immediately notify the Website of any unauthorized usage of your registration or password. You also agree to: (1) keep your password confidential and secure; (2) not allow other individuals or entities to use your registered account; (3) refrain from accessing and using other Advertisers’ accounts; (4) refrain from selling, swapping or otherwise transferring your Resources Listing account to other parties; and (5) refrain from charging any individual or entity for access to any section of the Resources Directory, or any information contained therein. Additionally, you are responsible for any actions that transpire through your registered account until you terminate your account, or prove that your account’s security was compromised through no fault of your own. To close your account, feel free to contact us for assistance.
5. Indemnity
By accessing and utilizing the Resources Directory, you agree to defend, indemnify and hold harmless StuttdartDNA, its affiliated companies, respective subsidiaries, employees, shareholders, officers and/or directors (“Affiliates”) for all damages, losses and costs (including, but not limited to, reasonable legal and accounting fees and costs) related to all-third party claims, charges, and investigations resulting from: (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third-party rights or applicable laws, (2) any content and data that you submit to the Resources Directory, and (3) any activity in which you engage in or through the Resources Directory.
6. Payment
In order to widely introduce the Resources Directory and its value-added benefits and time-saving advantages to the worldwide Internet community, Directory Listings at present are provided as free of charge, allowing the Website’s users to access the full array of goods and services — right at their fingertips — for their Porsche® vehicles in a one-stop location on the World Wide Web. The Website reserves the right, however, to introduce fee-based Directory Listings and, once introduced, to change the fees for Directory Listings. If this occurs, the Advertiser will be notified at the address contained in the Directory Listing, or at the contact address or email address provided, within a reasonable time before the introduction of, or change of, these fee charges. If the Advertiser does not pay the charges for a Directory Listing within 30 days of such charges coming into effect or being due and payable, the Website reserves the right to remove the Directory Listing immediately and without any further notice.
The Website’s billing policy will consist of monthly payment or yearly pre-payment in U.S. currency once payment is required. Payments will be made through PayPal and/or via credit-card charge. If you purchase any Resource Directory Services that we offer for a fee, either on a one-time or subscription basis, you agree to the Website’s storage of your payment card information once credit cards are accepted as payment. You also agree to pay for any applicable fees once they are due, plus all related taxes, if any. You also agree to reimburse us for all collection costs and accrued interest for any overdue amounts. Your obligation to pay fees continues in effect through the end of your subscription period.
7. Pre-Notification Required with Respect to Pending Acts in Conflict with the Agreement
In the event that you feel you are authorized or compelled to act in direct opposition to any of the terms and conditions of this Agreement under prevailing law, you agree to provide us with a detailed and comprehensive explanation of your reasons in writing at least thirty (30) days before you act in contradiction to this Agreement, thereby enabling us to assess the issue as to whether we may, at our sole discretion, provide an alternate remedy for the issue — however, this is no concession whatsoever that we are under any obligation to do so.
8. Notifications and Communications from Us to You
In order to make contact with you regarding notifications or messages that need to be directed to your attention, the Resources Directory may post banner notices across the Directory’s webpages to alert you to certain changes, modifications, additions or deletions, such as modifications to this Agreement. As an alternative, notifications and communications may be sent to you via email from the Resources Directory to an email address uniquely associated with your account, even though we may possess and/or have access to other contact information for you.
You also agree that the Resources Directory may communicate with you through your Resources Directory account or through other means, including email, landline telephone, mobile telephone, or hard-copy delivery services, including the U.S. Postal Service, about your Resources Directory account or Services associated with your Resources Directory Listing. You acknowledge and agree that we shall incur no liability associated with, or arising from, your failure to maintain accurate and up-to-date contact or other information, including, but not limited to, your failure to receive critical information about the Resources Directory Services pertaining to your account with us.
9. Resources Directory Applications
The Resources Directory may extend our Listing Services through applications built using the Resources Directory plugin platform on the StuttgartDNA.com Website. If you use the Resources Directory Application or interact with our website that has deployed the aforementioned plugin, you agree that information about you and your use of the Resources Directory Services, including, but not limited to, your device, your mobile carrier, your internet access provider, your physical location, and/or Web pages containing Resources Directory plugins that load in your browser may be communicated to us. In addition, you hereby acknowledge that you are responsible for all charges and necessary permissions related to accessing the Resources Directory through your mobile access provider.
10. Intellectual Property as well as Potentially Sensitive Ideas and Content
Eligible prospective Advertisers can create a Resources Listing; however, StuttgartDNA reserves the right to close, transfer, or remove content from suspect Listings if that content violates this Agreement or others’ intellectual-property rights. By so creating a Listing, you agree to and acknowledge the fact that any ideas you post and information you share may be, and can and will be, seen and potentially used by other Users; therefore, we cannot guarantee that other Users will not exploit the ideas and information that you share on the Resources Directory. Consequently, if you have an idea or information that you would like to keep confidential and/or that you do not want others to use, or that is subject to third-party rights that may be infringed upon by your sharing it, then please do not post it on the Resources Directory. HENCE WE ARE NOT RESPONSIBLE FOR A USER’S MISAPPROPRIATION OR MISUSE OF ANY INFORMATION OR CONTENT THAT YOU POST ON THE RESOURCES DIRECTORY.
11. Privacy
We strongly encourage you to carefully read our full Privacy Policy listed as a submenu item under the “…and About Us” menu before making your decision to become a User, as said Policy is hereby incorporated into, and is thereby part and parcel of, this Agreement, as it governs our management of any information, including personally identifiable information that you submit to us. As such, you agree to the fact that certain information, content (e.g., photographs, etc.), statements and data which you may submit to the Resources Directory may, or are likely to, reveal your gender, nationality, ethnic origin, age, and/or other personal information about you. You acknowledge, then, that any and all of your submissions to us are strictly voluntary on your part.
12. “Contributions” to the Resources Directory
By submitting documents, ideas, suggestions, and/or proposals (i.e., “Contributions”) to the Resources Directory you agree and acknowledge that: (1) your Contributions do not contain confidential or proprietary information; (2) we are not subject to any obligation of confidentiality, express or implied, with regard to these Contributions; (3) we shall be entitled to use or disclose (or to elect not to use or disclose) such Contributions for any purpose, in any way, and in any media worldwide; (4) we may have something similar to the Contributions already under consideration or in development; (5) you irrevocably assign to us all rights to your Contributions; and (6) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances.
III. YOUR RIGHTS
On condition that you fulfill all of your obligations under this Agreement, we grant you a limited, revocable, non-exclusive, non-assignable license (which cannot be sublicensed, incidentally) and the right to access the Services of our Resources Directory, through a generally available web browser, mobile device or application (but not through spidering, crawling, scraping, or other technology or software used to access data [e.g., for data mining which is strictly prohibited, etc.] without the express written consent from us or the Resources Directory Users), to view information and use the Services that we provide on the Website and in accordance with this Agreement.
Any other use of the Resources Directory contrary to our mission, objective and purpose (such as using information gathered from the Resources Directory commercially unless expressly authorized by us) is strictly prohibited and is a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual-property rights, and all other rights and interests in the Resources Directory and all related items, including any and all copies made of the Website.
IV. OUR RIGHTS AND OBLIGATIONS
1. Services Availability
For as long as we continue to offer our Services, we will proactively seek to update, expand and improve the Services. In turn, we allow you to access the Resources Directory as it may exist and may be available on any given day, thereby exempting us from any other obligations, except as expressly stipulated in this Agreement. We reserve the right to modify, replace, refuse access to, suspend or discontinue the Resources Directory, partially or entirely, and/or change, alter or modify prices for all or part of the Services for you or for all of our Users at our sole discretion. Any and all of these modifications become effective immediately upon their postings on our site or by direct communication with you, unless otherwise noted. We also reserve the right to withhold, remove and/or delete any content in connection with your account, with or without notice, if we deem it to be in conflict with the terms and conditions of this Agreement. In turn, we bear no obligation to retain, store or provide you with copies of any content that you or other Users submit when utilizing the Services.
2. Third-Party Sites
The Resources Directory may provide links to third-party Web sites (collectively, “Third-Party Sites”). Third-Party Sites may include, without limitation, sites on which you may purchase and/or bid on products or services. You are responsible for deciding whether you want to access or use a Third-Party Site. We advise you to study any applicable terms of use and/or privacy policy of a Third-Party Site before using it or sharing any information with it, as you may be otherwise granting the Site permission to use your information in ways that we would not.
Some of the Third-Party Sites to which you may link from our Website are not owned by StuttgartDNA. We make no representations whatsoever, therefore, concerning: (a) the information, content, software or other material appearing on, or accessible through, any Third-Party Site (including, without limitation, any advertisements for products or services on any Third-Party Site), (b) any services or products advertised or sold on, or through, any Third-Party Site (including, without limitation, the quality, safety and legality of such services or products or the sale thereof), (c) the operation or performance of any Third-Party Site (including, without limitation, any transactions initiated or conducted through any Third-Party Site, any taxes associated therewith and any use by third parties of user credit-card information), or (d) the sellers of any services or products advertised or sold on, or through, any Third-Party Site.
The Website or Third-Party Sites may contain content furnished by advertisers or other third parties that may not be suitable for children. StuttgartDNA urges parents or legal guardians to assist us by supervising the web-viewing activities of children at the Website. StuttgartDNA does not knowingly collect personal information from children through the Website.
We are not responsible for — and we do not endorse — any content, features, advertising, products or other materials on or provided by Third-Party Sites. Accordingly, if you decide to access Third-Party Sites, then you do so at your own risk, and agree and acknowledge that this Agreement does not apply to your use of any Third-Party Sites.
3. User Information
Resource Directory Users / Advertisers submit data, information, text, graphics, images, photographs, audio, video and other content for posting on the Website, including, without limitation, the business name, business address, telephone number, contact information and all other content and data (collectively, “Profile Data”). StuttgartDNA is under no obligation to scrutinize any Profile Data submitted, posted or otherwise displayed on the Website and assumes no responsibility or liability relating to any such Profile Data. We are not responsible for — and we do not sponsor nor endorse — any Profile Data.
You acknowledge, consent to and agree that we may access, preserve, store and disclose your registration and any other information you provide if compelled to do so by law or in a good-faith belief that such access preservation or disclosure is in our opinion reasonably necessary to: (1) enforce this Agreement; (2) comply with legal process and edict, including, but not limited to, civil and criminal subpoenas, court orders or other local, state or federal compulsory disclosures; (3) respond to claims or allegations of a violation or breach of the rights of third parties, whether or not the third party is a User, business, individual, legal entity or government agency; (4) respond to and/or address customer-service inquiries or grievances; or (5) protect the rights, property, interests or personal safety of our Users, the public or us.
Disclosures of User information to third parties other than those required to administer this Agreement, provide customer support, or comply with legal decree are addressed in the Privacy Policy.
4. Interactions with Other Users
You are solely responsible for your interactions with other Users. While we have no obligation to do so, we reserve the right to monitor any disputes between you and other Resource Directory Users and to restrict, suspend, or terminate your account if we determine, in our sole discretion, that doing so is imperative to enforce this Agreement or is otherwise in the best interest of StuttgartDNA.
V. DISCLAIMER
DO NOT RELY ON THE RESOURCES DIRECTORY, ANY INFORMATION THEREIN, OR ITS CONTINUATION. STUTTGARTDNA PROVIDES THE PLATFORM FOR THE RESOURCES DIRECTORY AND ALL INFORMATION AND SERVICES STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT CONTROL OR VET USER-GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.
TO THE FULLEST EXTENT ALLOWABLE BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, ACCURACY OF DATA, FITNESS FOR A SPECIFIED PURPOSE, TITLE, AND NON-INFRINGEMENT. IF YOU ARE DISSATISFIED WITH OR HARMED BY THE RESOURCES DIRECTORY, BY THE SERVICES PROVIDED BY ANY ADVERTISER ON THE RESOURCES DIRECTORY, OR BY ANYTHING RELATED TO THE RESOURCES DIRECTORY, YOU MAY CLOSE YOUR RESOURCES DIRECTORY ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION VII. (“TERMINATION”), AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
WE NEITHER REPRESENT NOR WARRANT THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE UPON THE RIGHTS OF THIRD PARTIES. ANY SERVICE, MATERIAL, OR TECHNOLOGY DESCRIBED BY OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL-PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH SERVICE, MATERIAL, OR TECHNOLOGY TO US.
WE HAVE NO OBLIGATION WHATSOEVER TO MONITOR THE USE OF THE SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, WE DISCLAIM ANY AND ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY, ACCOUNT OR INFORMATION.
WE DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION AND/OR WITHOUT ERRORS IN FUNCTIONING. IN FACT, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO UPDATES, MAINTENANCE, OR NETWORK OR SYSTEM FAILURES. WE DISCLAIM ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH ERRORS IN FUNCTIONING OR INTERRUPTION. FURTHERMORE, WE DISCLAIM ALL LIABILITY FOR ANY IMPOSSIBILITY OF ACCESS, MALFUNCTIONING, OR POOR-USE CONDITIONS OF THE WEBSITE DUE TO DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO INADEQUATE OR INAPPROPRIATE EQUIPMENT, TO THE SATURATION OF THE INTERNET NETWORK, AND TO ANY OTHER REASON OR FREAK HAPPENSTANCE.
VI. LIMITATION OF LIABILITY
STUTTGARTDNA AND ITS AFFILIATED COMPANIES, RESPECTIVE SUBSIDIARIES, EMPLOYEES, SHAREHOLDERS, OFFICERS AND/OR DIRECTORS (“AFFILIATES”) SHALL NOT BE LIABLE FOR: (A) ANY DAMAGES IN EXCESS OF FIVE TIMES THE MOST RECENT MONTHLY FEE THAT YOU PAID FOR A RESOURCES LISTING, IF ANY, OR US$25, WHICHEVER AMOUNT IS GREATER, AND/OR (B) ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSS OF USE, REVENUE, PROFIT OR DATA TO YOU OR ANY THIRD-PARTY PERSON ARISING FROM YOUR USE OF THE RESOURCES DIRECTORY, THE SERVICES, AND/OR ANY OF THE CONTENT, OR ANY APPLICATION OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE RESOURCES DIRECTORY.
This limitation of liability is part and parcel of the basis of the bargain struck between the parties, and, without it, the terms and fees charged would be different. This limitation of liability shall apply regardless of whether: (1) you base your claim on statute, contract, tort or any other legal theory, (2) we were aware of or should have been aware of the possibility of such damages, and/or (3) the limited remedies stipulated in this section fail or fall short of their essential purpose.
VII. TERMINATION
1. Mutual Rights of Termination
You may terminate this Agreement, for any or no reason, at any time, with Notice to us pursuant to Section IX. 3. This Notice will be effective upon the processing of your Notice. Conversely, we may terminate the Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. In order to avoid any doubt, only StuttgartDNA and its Affiliates or the party paying for the Services may terminate your access to any Resources Directory Listing account. Termination of your Resources Directory account includes disabling your access to your Resources Directory account and may also bar you from creating a new account on the Resources Directory.
2. Annual and Monthly Membership Auto-Renew, Cancellation, and Refund Policy
You may cancel your free trial at any time during the trial period and incur no charge; however, you must give us written notice to the effect that you want us to remove your listing in its entirety from our Resources Directory. If no written notice is received by us, then your Listing will remain on the Directory with the minimum of information displayed. Once the introductory free-of-charge Listing period ends, all annual and monthly memberships will auto-renew, with your credit card charged or bank account debited each time on the annual or monthly anniversary of your subscription. Monthly subscriptions may be canceled at any time, but you will be billed for the entire cancellation month. Your annual membership may be canceled at the time of renewal and your listing will immediately become inactive; however, you will retain access to your Resources Directory account by using your login credentials. You may cancel your membership prior to the billing date to avoid future charges. If you cancel your membership prior to the billing date, your listing will stay active until your membership expires. If you have any questions or concerns, please contact us.
3. Misuse of the Services
We may limit, restrict, suspend or terminate the account of any User who abuses or misuses the Services of the Resources Directory. Abuse and/or misuse of the Services includes infringing on any intellectual-property rights, creating multiple or false Resource Listings; or committing any other behavior that we, in our sole discretion, deem contrary to, and/or anathema to, the purposes of the Resources Directory. Furthermore, and without diminishing the efficacy of any of the foregoing, we have adopted the policy of terminating accounts of Users who, in our sole discretion, are deemed to be repeat or serial infringers under the United States Copyright Act.
4. Effect of Termination
Upon the termination of your Resources Directory account, you will lose all access to your account. The terms of this Agreement shall survive any termination, however, except Sections III. (“Your Rights”) and IV. 1 through IV. 4, inclusive, (“Our Rights and Obligations”) hereof.
VIII. DISPUTE RESOLUTION
1. Law and Forum for Legal Disputes
This Agreement or any claim, dispute or cause of action (“Claim”) arising out of, or related to, this Agreement shall be governed by the laws of the State of California worldwide regardless of your country of origin or where you access the Resources Directory, and notwithstanding any conflicts-of-law principles and the United Nations Convention for the International Sale of Goods. You, StuttgartDNA, and its Affiliates agree that all claims arising out of, or related to, this Agreement must be resolved exclusively by a local, state or federal court located in Los Angeles County, California. You, StuttgartDNA, and its Affiliates agree to submit to the governing jurisdiction of the courts located within Los Angeles County, California, for the purpose of litigating any and all such claims. Notwithstanding all of the above, you agree and acknowledge that we shall still reserve the right to apply for injunctive remedies (or an equivalent method of urgent legal relief) in any jurisdiction of our choosing.
IX. GENERAL TERMS
1. Severability
If any provision of this Agreement is adjudicated by a court of competent jurisdiction or by an arbitrator to be illegal, void, or unenforceable, then the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect and embody the intention of the provision; and if a court or arbitrator still finds the modified provision invalid, illegal, void or unenforceable, then the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way and will continue to remain in full force.
2. Notices
In addition to Section II. 8 (“Notifications and Communications from Us to You”), we may notify you via postings on the Resources Directory. You may contact us via the United States Postal Service at:
StuttgartDNA
Post Office Box 412561
Los Angeles, California 90041
USA
Any notices that you provide without compliance with this section on Notices shall have no legal effect.
3. Entire Agreement
You agree and affirm that this Agreement constitutes the complete, exclusive and entire agreement between you and us regarding the Services, and that it supersedes any and all prior agreements and understandings, whether written or oral, or whether established by custom, policy, practice or precedent, with respect to the subject matter of this Agreement.
4. Amendments to this Agreement
We reserve the right to modify, supplement, augment or replace the terms of the Agreement, effective upon posting on the Website or notifying you otherwise. For instance, we may display a banner or posted alert on the Website when we have amended this Agreement or the Privacy Policy so that you can access and study the changes prior to your continued use of the Website. If you do not want to agree to any changes to the Agreement, you can terminate this Agreement at any time per Section VII. (“Termination”).
5. No Informal Waivers, Agreements or Representations
Our failure to act with regard to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar breaches or other ancillary breaches. Except as expressly and specifically contemplated by the Agreement, no representations, consents, statements, waivers or other acts, errors or omissions by StuttgartDNA and its Affiliates shall be deemed legally binding on the other, unless documented in a physical writing hand-signed with a wet signature by a duly appointed officer of StuttgartDNA and its Affiliates.
6. No Injunctive Relief
In no event shall you expect, seek or be entitled to rescission, injunctive or other equitable relief, or to restrain or enjoin the operation of the Resources Directory or the Services, or the exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
7. Assignment and Delegation
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation by you shall be rendered ineffective upon attempt. We may freely assign or delegate all rights and obligations under this Agreement, fully or partially, without notice to you. We may also substitute, by way of unilateral novation, and effective upon notice to you, for any third party that assumes our rights and obligations under this Agreement.
8. Potential Other Rights and Obligations
You may possess rights or obligations under local law other than those enumerated here if you are located outside the jurisdiction of the United States of America.
9. Complaints Regarding Content Posted on the Website
We created the Resources Directory to help businesses, resources and professionals catering to the Porsche marque and its products, services and vehicles to succeed and prosper — as well as to enable our visitors/viewers to find — as efficiently and quickly and easily as possible — their needed goods and services to maintain their Porsche vehicles and to further enrich their Porsche lifestyle. To achieve this purpose, we strongly encourage our Users to share truthful and accurate information. We also respect the intellectual-property rights of others. Accordingly, this Agreement requires that information posted by Users be as accurate as possible and not in violation of the intellectual-property rights or other rights of third parties. To promote these objectives, Users may submit complaints concerning content posted by other Users by contacting us using our Contact Us page.