Terms of Use
Use of the Plantronics Website and its services are subject to the following Terms and Conditions agreement. Plantronics reserves the right to update the Terms and Conditions at any time without notice. By using this Website, you acknowledge and agree to these limitations as set forth.
Plantronics, Inc. ("Plantronics") makes the materials on www.plantronics.com ("Site") including all information, documents, communications, files, text, graphics, software, and products included on this Site (collectively "Materials"), available for your use subject to the terms and conditions set forth in this document and any changes to this document made by Plantronics from time to time (collectively, "Terms and Conditions"). By registering, purchasing, downloading (other than page caching), installing, or using any Materials, you agree to these Terms and Conditions. Please note that this Site and the services offered are only open to users 13 years of age or older. Any use by users between the ages of 13-18 must occur under the supervision or a parent or guardian 18 years of age or older. If you do not agree to these Terms and Conditions, you may not use, access, purchase, download, or install the Materials.
Limited License
Plantronics authorizes you ("User") to use the Site solely for personal, non-commercial use. There are areas on the site intended solely for Plantronics Dealers, Distributors and Large End Users. The materials within these sections are to be used in accordance with Distributor Agreements and Terms and Conditions as presented and not to be accessed by other users.
Ownership
The copyright and ownership interests in all Materials are held by Plantronics and protected by U.S. laws and international treaty provisions. You agree not to use, copy, republish, frame, post, transfer, display, perform, download transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Materials, except as expressly allowed herein. Unauthorized use of any Materials may violate copyright laws, trademark laws, the laws of privacy and publicity, communications regulations and statutes or other applicable laws, rules or regulations, and may subject you to civil liability and/or criminal penalties.
Term
These Terms and Conditions are effective until terminated by Plantronics. Plantronics may terminate these Terms and Conditions with respect to you or any other third party without notice at any time for any reason. Upon termination all rights granted in these Terms and Conditions shall immediately cease to exist and you must promptly discontinue all use of the Materials and this Site and destroy all copies of the Materials downloaded by you. In addition, in the event that we determine, in our sole discretion, that you have breached any of our Terms and Conditions, we reserve the right to terminate access to this Site and take any other action which we, in our sole discretion, deem to be appropriate. All terms that by their nature should survive termination of these Terms and Conditions will survive.
Disclaimer
You acknowledge and agree that the Materials are provided to you on an "as is" basis, without any warranty of any kind. All warranties, express or implied, including but not limited to implied warranties of merchantability, accuracy of informational content, fitness for a particular purpose, system integration, title, and non-infringement of any third party right with respect to the Materials or any services related to the Materials are expressly disclaimed to the fullest extent permitted by law. Refer to the documentation received with your Plantronics products for product warranty information.
No warranty or representation is given that the functions contained in the Materials will meet your requirements, that the operation of the Materials will be uninterrupted or error-free, or that any defects in the Materials will be corrected. Furthermore, no warranty or representation is given regarding the use or the results of the use of the Material or the adequacy of the Materials. No oral or written information or advice given by any person or entity shall create a warranty or representation or in any way increase the scope of this warranty. Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.
Trademarks
The trademarks, service marks and logos used and displayed in the Materials are registered and unregistered trademarks and service marks of Plantronics and others. Please see the list, which is not necessarily comprehensive, of registered and unregistered marks at http://www.plantronics.com/media/media_resources/guidelines/trademarks.pdf. All other registered and unregistered trademarks used in the Materials are the property of their respective owners. The Bluetooth® word mark and logos are owned by the Bluetooth SIG, Inc. and any use of such marks by Plantronics, Inc. is under license.
Patents
Plantronics' technology and products, including products that may be available or described as part of the Materials, may be protected by one or more United States and/or international patents or patents pending.
Unsolicited Idea Submissions
It is Plantronics' policy not to accept unsolicited ideas or new product proposals from outside the company. Do not use any contact information, online forms or any other online medium provided on the site to submit an unsolicited idea or new product proposal. If, despite our request that you not send us your ideas and materials, you still send them, please understand that Plantronics makes no assurances that your ideas and materials will be treated as confidential or proprietary.
Contests and Sweepstakes, Promotions, and Other Activities
Plantronics provides rules for certain activities on this Site including, without limitation, contests, sweepstakes, and promotions by Plantronics and in conjunction with third parties. These Terms and Conditions are incorporated by reference to the specific rules, which appear in connection with information about a particular activity. To the extent that any conflict exists between these Terms and Conditions and specific rules, the rules for the activity in which you choose to participate shall govern.
Shopping
You agree that Plantronics' sole and exclusive maximum liability arising from any product sold by Plantronics on the Site shall be the price of the product ordered.
IN NO EVENT SHALL PLANTRONICS, ITS DISTRIBUTORS AND AFFILIATED ENTITIES OR THE DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES OF EACH OF THEM BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO ANY PRODUCT SOLD ON OR THROUGH THIS SITE.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or if the price has increased or decreased between the time the item is placed in a shopping cart and the time that the purchase is actually made, Plantronics shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Plantronics shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Plantronics will issue a credit to your credit card account in the amount of the charge.
Your receipt of an electronic or other form of order confirmation does not signify Plantronics acceptance of your order, nor does it constitute confirmation of Plantronics offer to sell. Plantronics reserves the right at any time after receipt of your order to accept or decline your order for any reason. Plantronics reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Plantronics may require additional verifications or information before accepting any order. Plantronics may automatically charge and withhold the applicable sales tax for orders. Otherwise, you are solely responsible for all sales taxes, or other taxes, on orders shipped to you.
Order Fulfillment
When you make a purchase on Plantronics.com, you are required to sign-in if you already have an account or create a new account. Once you have signed in on the site and are ready to make a purchase, you are assigned to Plantronics or a Plantronics distributor ("Fulfiller"). The Fulfiller's name and contact info will appear on the checkout pages as you proceed with your checkout. The Fulfiller will manage your order-related service and support needs including giving you a final total (including shipping and applicable taxes) and e-mail order confirmation. Your entire order will be completed by this assigned Fulfiller, including the payment processing and all of your paperwork will bear their name. Fulfillers reserve the right to modify the pricing structure for the products they sell. Any modifications to your order will be communicated to you by the Fulfiller.
RISK OF LOSS
All items purchased from the site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RESTRICTIONS ON USE OF CONTENT
Unless specified otherwise, this Site is for your personal and non-commercial use only. The permission to use this Site terminates if you breach any of the listed Terms of Use. All content, including but not limited to, information, graphics, photographs, trademarks, logos, sounds, computer code and interfaces found on this Site are owned and licensed by or to Plantronics. The content of this site may not be copied, modified, distributed, reproduced, transferred or further utilized for any commercial or non-personal uses in any way unless with the prior written express of Plantronics. Unauthorized use of this content, including copying, or displaying, is a violation of the law and may result in civil and criminal penalties. The content of this Site is protected by copyright laws and other applicable intellectual property laws and treaties in the United States and internationally. Plantronics does not grant you any permission to use the content other than the permission expressly stated in these Terms of Use. You may not use the Site or any of its content for any purpose that is unlawful or prohibited by the Terms of Use.
Shipping
Shipping fees will be provided to users prior to completing the purchase. Shipping fees may change from time to time due to raises or decreases in the price of postage, gasoline, or any other material or service used in the fulfillment of the order. Plantronics currently ships only to the United States, most U.S. Territories, and APO/FPO addresses. We do not ship to PO Boxes.
Returns Policy
Within 30 days of receipt of your shipment, you may return any of the purchased items, for any reason, for a full refund. We'll also refund the shipping cost if the return is a result of our error. Return information can be found with your order. Refer to www.plantronics.com/warranty for Plantronics product warranty information.
Account Security
You acknowledge that you are responsible for maintaining the security of and restricting access to your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your account. You agree to notify Plantronics immediately if you suspect any unauthorized use of your account or any other breach of security. You may not use anyone else’s account at any time without the permission of the account holder. Plantronics reserves the right to cancel or refuse accounts at its sole discretion.
Indemnification
You agree to indemnify, defend and hold harmless, Plantronics, its affiliates, distributors, Fulfillers and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Service by you. Plantronics reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Plantronics in asserting any available defenses.
U.S Export Laws and Regulations
You acknowledge and agree that the material on this Website and products ordered from this website are subject to the U.S. Export Administration Laws and Regulation. Diversion of such material contrary to U.S. law is prohibited. You agree that none of the material on the Website, or any products therefrom are being or will be acquired for embargoed countries of their nationals. You certify you are not on the U.S. Department of Commerce’s Denied Persons List, the U.S. Department of Treasury’s Specially Designated Nationals List, or any affiliated lists. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
Unlawful or Prohibited Use
As a condition of your use of the services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the services in any manner that could damage, disable, overburden, or impair any Plantronics Website, or interfere with any other party’s use of a Plantronics Website. You may not attempt to gain unauthorized access to any services, computer systems, or networks connected to any Plantronics server or to any of the services, through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Plantronics Website.
Personal Information
Information submitted to Plantronics through the Site is governed by Plantronics' Privacy Policy.
LINKS TO OTHER SITES AND USE OF THIRD PARTY SITES
This Site may provide links to other third-party, non-Plantronics web sites for your convenience. Plantronics is not responsible for the contents of any linked sites nor is it responsible for any damage that may occur due to the use of a linked site. Because Plantronics has no control over third party sites and their content and materials, it is up to you to ensure that your use does not result in any damages, including but not limited to, viruses, Trojan horses and other worms. By using third-party links you acknowledge that you do so at your own risk. The presence of third-party links does not represent Plantronics’ endorsement, affiliation or sponsorship of the linked third party in any way. Plantronics makes no representations or warranties about any other site or material that you may access through links or other references on this Site. You do so at your own risk. By using this Site you agree not to hold Plantronics responsible for any loss or damage, direct or indirect, which resulted from use of the linked third parties. Plantronics makes no recommendations or endorsements about any third party products or services.
User Comments, Feedback and Other Submissions
Any information, suggestions, materials, ideas, or other communication you transmit or post to the website or via the website ("User Communications") is and will be considered non-confidential and non-proprietary, with the exception of personally identifiable information which is subject to this website's Privacy Policy. User Communications may be used for any purpose, including but not limited to marketing, publication, reproduction, transmission, or product development in any manner whatsoever. Plantronics may monitor User Communications, but is not obligated to do so. Plantronics has no obligation to use or respond to any User Communications, and will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, publicity, obscenity, or otherwise. Plantronics reserves the right to remove any User Communications Plantronics determines in its sole discretion to be inappropriate or unacceptable.
Plantronics prohibits the posting or transmitting of any defamatory, libelous, unlawful, threatening, obscene, profane or pornographic material. Plantronics also prohibits conduct that would be considered a criminal offense or that would give rise to civil liability, or violate any law.
Access to Password-Protected or Secure Areas
Plantronics may restrict access to the Site to authorized users only. User access levels vary and may change. Unauthorized individuals attempting to access these areas may be subject to civil liability and criminal penalties.
Third Party Products and Services
This Site may mention third party products and services for informational purposes. Plantronics makes no recommendations or endorsements about any third party products or services.
Forward-Looking Statements
The Materials may contain projections or other forward-looking statements relating to future events, future products or the future performance of Plantronics. Such statements are only predictions and subject to certain risks and uncertainties. Consequently, actual events or results may differ materially. These risks and uncertainties are described from time to time in Plantronics' filings with the Securities and Exchange Commission.
LIMITATION OF LIABILITY
UNDER NO EVENT AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL PLANTRONICS OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY LOST PROFITS, LOST SAVINGS, LOSS OF DATA, COSTS, FEES OR EXPENSES OF ANY KIND OR NATURE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS, THIS SITE, OR THE USE OR INABILITY TO USE THE MATERIALS, OR ANY DATA SUPPLIED THEREWITH, EVEN IF PLANTRONICS OR AN PLANTRONICS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, so the above limitation or exclusion may not apply to you.
Governing Law and Jurisdiction
You agree that jurisdiction an venue in any proceeding directly or indirectly arising out of or relation to the Website shall be in the state or federal courts located in Santa Cruz County, California. If you are accessing this Website from outside the United States, you are responsible for ensuring that your use of this website complies with local laws and regulations.
Contact Information
All requests for further information or for permission to reproduce any portions of the Materials should be directed to: Plantronics, Inc. 345 Encinal Street Santa Cruz California 95060, email: trademarks@plantronics.com, fax 831-426-2965. For product support please visit: http://www.plantronics.com/support
