- PGA’S SERVICES
- Processing of information : We take your privacy concerns seriously and use all necessary precautions to protect personal data from being leaked, falsified, manipulated or used by unauthorized third parties. Nonetheless, we cannot guarantee that the information or data viewed by you on the Sites, will not be accessible or viewable by unauthorized third parties.
- AVAILABILITY IN DIFFERENT GEOGRAPHICAL AREAS
The PGA Sites can be accessed from all over the world. However, the Services will be available only in USA through its network of authorized Dealers indicated in the Sites. You are responsible for your accounts and the acts of others using or accessing your Accounts. You must immediately notify PGA of any unauthorized use of your Account or any breach of security.
The Services include our proprietary content and the licensed content of others, which may include: data, text, photographs, videos, audio clips, written posts and comments, logos, button icons, data compilations, software, scripts, graphics, illustrations, interfaces, GUI and interactive features, as well as other resources (such as FAQs, articles, or support services), and all related documentation, know-how, specifications, materials, designs, and the “look and feel” of the Services (collectively, the “Content”).
- INTELLECTUAL PROPERTY
PGA’s trademarks include, without limitation, “PIAGGIO”, “VESPA” “MOTO GUZZI” “APRILIA”. All of the intellectual property rights (including, without limitation, inventions, patents and patent applications, trademarks and trademark applications, trade names, service marks, copyrightable materials, domain names and trade secrets, whether or not registered or capable of being registered) in or to the Services and the Content are owned by and/or licensed to Piaggio & CGA and are protected by applicable copyright and other intellectual property laws.
Among other restrictions set forth in these Terms, or which we may provide from time to time please take note that:
- you shall not:
- decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including, without limitation, any application), except to the limited extent applicable statutory laws specifically and expressly prohibit such restriction;
- modify, translate, or otherwise create derivative works of any part of the Services; or
- copy, sell, license, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder or use the Services for the benefit of any third parties; and
- you are not permitted to:
- use the Piaggio & C trademarks, copyrighted content, other intellectual property, or any third-party trademarks any part of the Services; or
- copy, sell, license, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder or use the Services for the benefit of any third parties.
- you shall not:
- You shall abide by all applicable local, state, national and international laws and regulations.
- ACCURACY OF INFORMATION AND CONTENT
Any information you receive through the Sites is provided “as is” and “as available” and may be based on information supplied by the Dealers. We cannot guarantee that any information is correct or up to date. PGA is not responsible for any typographical errors or omissions relating to pricing, text, photography or any other information included in the Services. PGA is only providing a service connecting you to the Dealer, which will have the absolute and unconditional right to refuse or cancel any orders placed for products, services, or vehicles at incorrect prices, regardless of whether the orders have been confirmed. If you spot any materials or information that you believe to be inaccurate, please email us at (customer care mailbox), briefly describing the inaccuracy.
You may link to our Services on your rightfully owned properties as long as (i) the link does not state or imply any connection or approval of PGA or portray PGA in a false or offensive manner, and (ii) you remove such link immediately upon our written request.
- DMCA POLICY: NOTICE AND TAKEDOWN PROCEDURE
PGA has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act. If you believe that any content displayed on any of the Services infringes your copyrighted work, you may send notice to PGA’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) at:
PIAGGIO GROUP AMERICAS INC
257 Park Ave S 4th floor
New York, NY 10010
Please include the following information in your notice:
- A signature of a person authorized to act on behalf of the owner of the copyright;
- Identification of works or materials being infringed;
- Identification of the infringing material with sufficient detail so PGA can find and verify its existence;
- Contact information about the notifying party;
- A statement that the notifying party has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
- Once we receive the notice, we may take actions in our sole and absolute discretion, but we shall have no obligation to do so, including removing the alleged infringing material.
- THIRD-PARTY CONTENT AND SERVICES
- MOBILE SERVICES AND MESSAGES
As part of the Services, we may communicate with you, or you may communicate with other users, via SMS, MMS or other text messages or mobile functionality (“Text Messages”). In such event, text messaging fees may apply to the sending or receipt of Text Messages. By registering for an Account, providing this Site with your phone number, or otherwise using any other Services that involve communication by Text Messages, you hereby consent to receiving Text Messages from this Site. You may opt out of receiving such messages in the future, but some of the Services may not work properly if you do opt out.
- TERMINATION OF ACCOUNT
- You will cease any further use of the Services;
- The ownership provisions, DMCA policy, Disclaimer of Warranties, Limitation of Liability, Indemnification, Arbitration and Class Action Waiver, Governing Law and Jurisdiction, and General sections of these Terms will survive termination. Other provisions of the Terms that by their nature would survive termination shall so survive.
- DISCLAIMER OF WARRANTIES
To the extent legally permissible, any and all of the Services and Content are provided “as-is”. PGA and the PGA Representatives disclaim all warranties of any kind regarding the use of any and all Services, including, without limitation, any and all: warranties regarding the operation, accuracy, reliability, completeness, quality, or suitability or the information displayed on or through them, implied warranties of use, merchantability or fitness for a particular purpose. You expressly agree that use of the Services is at your sole risk. In addition, in no event shall PGA or its Representatives be liable to you or any third party for any consequences to you or others that may result from technical problems or errors or for any decision made or action taken by you or any other party in connection with the Services.
Some jurisdictions do not allow the exclusions or limitations set forth above, in which case, the full extent of the above exclusions and limitations may not apply.
- LIMITATION OF LIABILITY
Some jurisdictions do not allow the exclusions or limitations set forth above, in which case, the full extent of the above exclusions and limitations may not apply.
PGA reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations and in which event you will fully cooperate with PGA in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining PGA’s prior express written approval.
- ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
- Agreement to Arbitrate: Most customer concerns can be resolved by calling customer service department at 1-212-380-4433 or emailing firstname.lastname@example.org. In the event that you and PGA are unable to resolve any dispute or claim with one another, you and PGA each agree to resolve any and all disputes and claims through binding individual arbitration, unless you expressly reject this arbitration provision in writing and within 30 days in accordance with subsection (J) below. “Disputes and claims” shall be broadly construed to include past, current, and/or future claims that relate in any way to these Terms, your use of the Services, and/or rights of privacy and/or publicity. However, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of New York.
- Class Action Waiver: You hereby waive the right to a trial by jury or to participate in a class action. Any arbitration under this provision will take place on an individual basis — class arbitrations and class actions are not permitted. You also agree not to participate in claims against PGA brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account. However, either party may bring an individual action in small claims court. If, however, you or we transfer or appeal the small claim to a different court, we reserve our right to elect arbitration.
- General Information: Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery, and is subject to limited review by courts. Arbitrators can award the same damages and relief that a court can award, including attorneys’ fees where permitted by law.
- Notice of Arbitration: A party seeking arbitration must first send to the other, by certified mail, a written notice of dispute (“Notice”). The Notice to PGA should be addressed to PIAGGIO GROUP AMERICAS, Inc., 257 Park Avenue South, 4th Floor, New York 10010. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). If you and PGA cannot resolve the Demand within 30 days after the Notice is received, you or PGA may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by PGA or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, that you or PGA is entitled to.
- Administrator: The arbitration shall be administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules.
- Venue: Any arbitration hearing that you attend must take place at a location reasonably convenient to your residence.
- Expenses: You and PGA will bear the administrator and arbitrator fees that each party is normally required to pay under the rules and law applicable to the proceeding. Each party will bear the expense of its own attorneys, experts, and witnesses, except where applicable law and/or the Agreement allows a party to recover attorney’s fees from the other party.
- Governing Law: The Federal Arbitration Act (“FAA”) governs this arbitration agreement. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and claims of privilege. The arbitrator shall not apply federal or state rules of civil procedure or evidence. The arbitrator will not have authority to award damages, remedies, or awards that conflict with these Terms, unless otherwise provided by applicable law. Either party may make a timely request for a brief written explanation of the basis for the arbitration award. Judgment on the arbitrator’s award may be entered in any court with jurisdiction. Otherwise, the award and the arbitration proceeding shall be kept confidential. The arbitrator's decision is final and binding, except for any right of appeal provided by the FAA. Either party can appeal the award to a three-arbitrator panel administered by the administrator. The costs of such appeal will be borne by the appealing party, unless applicable law or the administrator’s rules provide otherwise.
- Survival; Severability: This arbitration provision survives the termination of your relationship with PGA and/or your use of the Services. In the event of a conflict between this arbitration provision and the applicable arbitration rules or other provisions of the Terms, or any other agreement between us, this arbitration provision will govern any Dispute or Claim between you and PGA, as defined in these Terms. If a court or arbitrator deems any part of this arbitration provision invalid or unenforceable under any law or statute consistent with the FAA, the remaining parts of this arbitration provision shall be enforceable despite such invalidity; however, if the prohibition of class relief and proceedings in subsection (B) is found to be unenforceable or void in any proceeding, then this entire arbitration provision (except for this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal such limitation or voiding.
- Opting Out: In order to reject this provision, PGA must receive a signed writing (“Rejection Notice”) from you within 30 days of the date that you first accept these Terms (unless a longer period is required by applicable law). The Rejection Notice must include your (i) name, (ii) account number or username, (iii) mailing address, and (iv) a statement that you do not wish to resolve disputes with PGA through arbitration, and must be mailed to PIAGGIO GROUP AMERICAS, Inc., 257 park Avenue South, 4th Floor, New York 10010via certified mail, return receipt requested. Rejecting the arbitration provision will not affect any other aspect of the Terms, nor will it affect any other existing or future arbitration agreement between you and PGA.
- CHANGES TO THE SERVICES OR TERMS
PGA reserves the right to make changes to its Services and/or Terms at any time and for any reason, so please re-visit this page frequently. If PGA makes material changes to the Terms, then PGA will notify you by posting a notice on the Services on the Sites. All changes are effective as of the date indicated at the top of this page (“Last Updated”), and your continued use of the Service(s) after the indicated date will constitute acceptance to be bound by those changes. If PGA, in its reasonable discretion, believes that any of the Services or Terms must be amended in order to comply with any legal requirements, the amendments may take effect immediately or as required by law and without any prior notice.
PGA reserves the right to stop, temporarily or permanently, the operation of any and all Services without notice, on a general or specific basis, at any time. All information (ours or yours) made available on the applicable Service may be removed or deleted, and you are required to make your own copy of any information you submit to PGA. PGA will not be liable to you or to any third party for any changes, suspension, or discontinuance of the Service(s) or any malfunctions that may occur in connection thereto.
- U.S. GOVERNMENT MATTERS
The Services are subject to the trade laws and regulations of the United States and other countries, including the Export Administration Regulations (EAR, 15 CFR Part 730 et seq.) and the sanctions programs administered by the Office of Foreign Assets Control (OFAC, 31 CFR Part 500). You will not import, export, re-export, transfer or otherwise use the Services in violation of these laws and regulations, including by engaging in any unauthorized dealing involving (i) a U.S. embargoed country; (ii) a party included on any restricted person list, such as the OFAC Specially Designated Nationals List, or the Commerce Department’s Denied Persons List or Entity List; or (iii) the design, development, manufacture, or production of nuclear, missile, or chemical or biological weapons. By using the Services, you represent and warrant that you are not located in any such country or on any such list. You will not engage in activity that would cause us to be in violation of these laws and regulations, and will indemnify PGA for any fines, penalties or other liabilities incurred by us for your failure to comply with this provision.
- GENERAL PROVISIONS
These Terms constitute the entire agreement between you and PGA regarding your use of any and all of the Services as detailed herein and supersedes any prior agreements between you and PGA relating to such use.
These Terms are governed by the laws of the State of New York, without regard to its conflicts of law rules, and the United States of America.
These Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and PGA.
Any heading, caption, section title or summaries contained in these Terms is inserted only as a matter of convenience and shall not affect their interpretation.
Any use of “including” “for example” or “such as” in these Terms shall be read as being followed by “without limitation” where appropriate.
The failure of either party to exercise or enforce any right or provision of these Terms or any prior version of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be amended as possible to comply with the applicable law. This shall not affect the validity and enforceability of any remaining provisions.
We may assign any right or obligation under the Terms without restriction, but you may do so only after receiving our express written consent. Any amendment to the Terms must be done in writing and signed by PGA and you. All correspondence between you and PGA shall be in English.
You shall and hereby do waive California Civil Code Section 1542 or any other similar law of any jurisdiction, which says in substance: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”
For any questions, please email us at email@example.com.