HARMAN Terms of Use

Last Updated: October 1, 2025
 

These Terms of Use (“Terms”) apply to your access and use of the services, applications, products, or websites associated with these Terms (collectively “Services”), which are owned and operated by Harman International Industries, Incorporated or its affiliates and subsidiaries (“Harman”). These Terms are important and affect your legal rights, so please read them carefully. By accessing and using the Services, you agree to be bound by these Terms and any terms incorporated herein by reference, including our Privacy Notice. If you do not agree to these Terms, you may not access or use the Services.

These Terms do not alter in any way the terms or conditions of any other agreement you may have with us in respect of any products, services or otherwise. If you are using the Services on behalf of any person or entity, you represent and warrant that you are authorized to accept these Terms on such person or entity’s behalf and that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms.

NOTICE REGARDING DISPUTE RESOLUTION AND WAIVER OF JURY TRIAL AND CLASS ACTIONS: THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND HARMAN HAVE AGAINST EACH OTHER RELATING TO THE SITES ARE RESOLVED (SEE SECTION ON “ARBITRATION” BELOW), INCLUDING OBLIGATIONS TO ARBITRATE DISPUTES, WHICH WILL, SUBJECT TO LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING ARBITRATION. THESE PROVISIONS INCLUDE EACH PARTY'S WAIVER OF THE RIGHT TO A JURY TRIAL AND RIGHT TO A CLASS ACTION.

Privacy

We respect the privacy of our users. The information we collect through the Services is subject to our Privacy Notice. Please refer to our Privacy Noticewhich explains how we collect, use, and process your personal data, and how to exercise your data protection rights.

Additional Terms

Certain features of the Services, such as certain mobile applications, additional services, promotions, and offers, may be subject to additional terms and conditions (“Additional Terms”) presented in conjunction with them. We may present Additional Terms to you through the Services. Regardless of how they are presented to you, we require that you agree to Additional Terms before using these features of the Services. Unless otherwise specified in Additional Terms, all Additional Terms are incorporated into these Terms. If you do not agree to Additional Terms, you will not have access to the aspect of the Services to which they relate. These Terms and Additional Terms apply equally. If, however, any Additional Term is inconsistent with any provision of these Terms, the Additional Term will prevail but only for the service(s) to which the Additional Terms apply.

All purchases through the Services or other transactions for the sale of goods formed through the Services or as a result of visits made by you are governed by our Terms of Sale, which are hereby incorporated into these Terms. 

Changes to the Terms of Use

We may revise and update these Terms from time to time in our sole discretion and post them on this page and update the Terms of Use “last updated” date above. We will notify you when we make material changes to these Terms. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. You agree that we will not be liable to you for any change or discontinuance, in whole or in part, of the Terms, or the Services.

Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page each time you access the Services so that you are aware of any changes, as they are binding on you. You further agree to review these Terms periodically and to make yourself aware of these changes.

Key Definitions

“Harman Content” means all content, features and functionality (including but not limited to all information, code, content, drawings, graphics, metadata, meta tags, marking information, page format and style, pictures, phrases, product descriptions, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, the compilation of all of the foregoing and all intellectual property rights and goodwill associated therewith) available through the Services, or otherwise provided to you by or on our behalf through the Services. Harman Content excludes Personal Data.

“Personal Data” means any information relating to an identified or identifiable natural person as defined in Article 4(1) of the General Data Protection Regulation (GDPR) and the UK GDPR. Personal Data does not include anonymous information or information that has been irreversibly anonymized in such a way that the individual can no longer be identified directly or indirectly.

“Your Content” is the information, comments, photos, images, video, data, text, and other content that you may post, upload, store, share, send or display on the Services.

Eligibility

The Services are offered and available to users who are 18 years of age or the age of digital consent in your country of residence. By using the Services, you represent and warrant that you are at least 18 years of age or of the age of digital consent in your country of residence. 

Accessing the Services and Account Security

We may withdraw or amend the Services, and any service or material we provide on the Services, in our sole discretion without notice. We will not be liable if all or any part of the Services is unavailable at any time, or for any time period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users.

You are responsible for:

• Making all arrangements necessary for you to have access to the Services.
• Ensuring that all persons who access the Services through your internet connection are aware of these Terms and comply with them.

To access the Services or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current and complete. You agree that all information you provide to register with the Services or otherwise, including but not limited to through the use of any interactive features on the Services, is governed by these Terms, and you consent to all actions we take with respect to your information consistent with these Terms.

If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you log-out from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We may disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our sole discretion, you have violated any provision of these Terms.

Intellectual Property Rights

Harman (and its licensors) owns or has the right to all Services and Harman Content, protected by United States and/or international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. We reserve all rights in and to the Harman Content. Except as expressly granted to you under these Terms, we do not grant you any right, title or interest in or to any part of the Harman Content.

You will not copy, reproduce, publish, distribute, transmit, disseminate, display, exhibit, edit, modify, and create derivative works from, or exploit in any way, any part of the Harman Content. You will not frame or utilize framing techniques to enclose our trademark, logo, or other proprietary information. You will not use any meta tags or any other "hidden text" utilizing our name or trademarks. You will not delete, remove or otherwise alter any copyright, trademark or other proprietary notice appearing in or on the Harman Content. You will not take any action to jeopardize, limit or interfere in any manner with our rights in and to the Harman Content. You agree not to portray us, our products or the Services in a false, misleading, derogatory or otherwise offensive manner. We reserve the sole and exclusive right at our discretion to assert claims against third parties for infringement or misappropriation of our intellectual property rights in the Harman Content. The Services may contain Harman Content owned or licensed by third parties. All restrictions set forth in these Terms equally apply to all Harman Content owned or licensed by third parties.

Our name, the terms, logos, trademarks, and all related names, logos, product and service names, designs and slogans are our trademarks (or our affiliates or licensors’ trademarks). You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.

Copyright Infringement Notification

Harman follows the guidelines of the Digital Millennium Copyright Act relative to claims that content on our network infringes a copyright. To file a copyright infringement notification with us, you will need to send written communication that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3), which is part of the Digital Millennium Copyright Act, to confirm these requirements):

1. Your complete contact information (full name, mailing address, and phone number). Please note that under our Privacy Notice we may provide your contact information and/or the contents of your report to the user who posted the content you are reporting.
2. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
3. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. If such work or works are online, providing links to them will help expedite our review.
4. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs of links to content you claim to be on our network is the best way to help us locate content quickly.
5. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
6. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
7. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

To expedite your notice, please send the notice to:

HARMAN INTERNATIONAL INDUSTRIES, INCORPORATED

Attn: HARMAN DMCA Designated Agent Brad Frazer

ADDRESS: P. O. Box 1617, Boise, Idaho 83701-1617

PHONE: 208.388.4875

EMAIL: bfrazer@hawleytroxell.com

Harman reserves the right to permanently and without further notice terminate the account and the concomitant network access of any subscriber who repeatedly violates Harman’s terms of use, copyright policy or both.

Trademark Infringement Notification

Harman makes commercially reasonable efforts to avoid unfair or infringing uses of trademarks on its site. If you believe your registered trademark or service mark is being infringed on the Harman platform by a third party, you may lodge a complaint following the process below. Please note that Harman’s policy does not apply to all trademark forms, including without limitation sound, odor, color, and holographic marks, the removal of which Harman will do pursuant to a valid court order.

To make your complaint of trademark misuse, please send the notice to the Harman DMCA Designated Agent set forth above with your claim of trademark infringement and the following information:

1. The Complainant’s complete name and title
2. The company, if any, that holds the trademark rights in the mark.
3. A statement in good faith from you, the Complainant, that the mark infringes your trademark rights;
4. Your statement, made under penalty of perjury that the information contained in the complaint is accurate, that that you are the owner or authorized to act on behalf of the owner of the trademark rights outlined in your complaint.
5. A statement that you acknowledge and agree that a copy of this infringement notice, including any contact information provided above, may be provided to the third party Harman site user whose content is the subject of the complaint;
6. Identifying the mark as it is used on the Harman platform and sufficient information for Harman to identify where it is used on the Harman platform;
7. Explaining the basis for the claim of infringement including any applicable registration numbers and countries where the mark is registered; and
8. The Complainant’s contact information

Please note that you are filing a complaint under penalty of perjury. Accordingly, you may be liable for damages if you materially misrepresent that material is infringing your trademark or service mark.

Once Harman receives a complete trademark infringement notice, we will examine the complaint to determine whether it meets the requisite minimum standards for a complaint, as outlined above, and you will receive a response confirming receipt. You may also receive a response that the complaint is deficient or one for which this process is unsuitable. 

Pursuant to a fully compliant complaint, the information contained in the complaint shall be provided to the party who is the subject of the complaint for response. Harman does not adjudicate claims, including fair use claims, nor does this policy address anything other than ownership of the mark. In the event the party disputes ownership, the complainant may be required to secure a court order. Otherwise, Harman may limit, remove, or disable access to the claimed infringing material.

Grant of License

Subject to the restrictions in these Terms, you may use the Services for your personal, non-commercial use. You will not, nor will you assist or direct any third person to: (I) extract, separate, remove or otherwise copy the Harman Content; (ii) disassemble, decompile, reverse engineer or otherwise convert any part of the Harman Content to source code or a human-perceivable form; (iii) adapt, modify or create a derivative work of the Harman Content; (iv) distribute, encumber, lease, rent, sell, transmit, transfer, or otherwise dispose of the Harman Content, in whole or in part; or (v) use the Harman Content for any other purpose.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Services in breach of the Terms, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Services or any content on the Services is transferred to you, and we reserve all rights not expressly granted. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

Prohibited Uses

You must use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:

• In any way that violates any applicable national, federal, state, local, regional or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
• To impersonate or attempt to impersonate us, any of our employees, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or our users or expose them to liability.

Additionally, you agree not to:

• Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
• Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
• Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Services.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer or database connected to the Services.
• Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Services.

Your Content

The Services may allow you to post, submit, publish, display or transmit to other users (collectively, “post”) Your Content on or through the Services. You agree to observe and follow the following posting rules:

• Do not post any content that includes information that is false, misleading, inaccurate, fraudulent, and deceptive or that promotes illegal activity.
• Do not solicit any Personal Data from other users of the Services.
• Do not post any content or information in violation of any laws.
• Do not insult or flame any other users of the Services. Do not post content that is offensive, libelous, defamatory, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic or sexually explicit.
• Post only constructive information. Do not speculate or post rumors about us, our products or any other person or entity.
• Do not post information that you do not own or control all rights thereto. You are responsible for all content that you post.

Your Content that you post to the Services is considered non-confidential and non-proprietary. By posting Your Content to the Services, you grant us and our affiliates, our third-party service providers, and our retail partners and any person acting on our or their behalf (collectively and including us, the “Licensed Parties”) a perpetual, non-exclusive, non-revocable, royalty-free, fully paid-up, worldwide right to adapt, modify, create derivative works, display, distribute, disclose, sublicense, assign, use, and commercialize Your Content in any manner and in any media without obligations to you. Your use of the Services constitutes your consent to allow us to use and store Your Content.

If Your Content contains Personal Data, we will process such Personal Data in accordance with our Privacy Notice and applicable data protection laws, including the General Data Protection Regulation (GDPR) and UK GDPR. We are the data controller for such processing. For information about your data protection rights and how to exercise them, please see our Privacy Notice.

You hereby represent and warrant that (I) you own all rights in and to Your Content, (ii) you have permission from all person(s) appearing in Your Content to grant the rights granted herein; (iii) you are over the age of 18 or the age of digital consent in your country of residence, and (iv) the Licensed Parties’ use of Your Content as described herein will not violate the rights of any third party or any law. You hereby release, discharge and agree to hold the Licensed Parties harmless from any liability related in any way to the Licensed Parties’ use of Your Content.

You understand and acknowledge that you are responsible for Your Content, and you, not us, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We cannot and do not undertake to review all material before it is posted on the Services and cannot ensure prompt removal of objectionable material after it has been posted. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in these Terms.

Social Media Posting

By posting and uploading content to social media sites that you have tagged with our brands and hashtags, you are allowing us to search for your hash tagged postings (“Social Media Posting”). We may contact you directly, either publicly or privately, through the social media platform on which the Social Media Posting was located and request your permission to use the Social Media Posting. If you grant us permission as outlined in the request we make, then you grant the Licensed Parties the same right and make the same representations and warranties to the Social Medial Posting as you would with Your Content. You hereby release, discharge and agree to hold the Licensed Parties harmless from any liability related in any way to the Licensed Parties’ use of your Social Media Posting.

Our use of your Personal Data from your Social Media Posting will comply with our Privacy Notice.

Monitoring and Enforcement; Termination

We may:

• Remove or refuse to post Your Content for any or no reason in our sole discretion.
• Take any action with respect to Your Content that we deem necessary or appropriate in our sole discretion, including if we believe that Your Content violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public or could create liability for us.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
• Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms. 

Without limiting the foregoing, we may fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS US AND OUR AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF OUR INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Reliance on Information Posted

The information, including Harman Content, presented on or through the Services is made available solely for general information purposes.

We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents, to the extent permitted by applicable law or regulation.

The Services may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content we provide, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Services

We may update the content on the Services, including Harman Content, from time to time, but its content is not necessarily complete or up-to-date, to the extent permitted by applicable law or regulation. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.

Linking to the Services and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

The Services may provide certain social media features that enable you to:

• Link from your own or certain third-party sites to certain content on the Services.
• Send e-mails or other communications with certain content, or links to certain content, on the Services.
• Cause limited portions of content on the Services to be displayed or appear to be displayed on your own or certain third-party sites.

You may use these features solely as we have provided and solely with respect to the content that these features are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any site that is not owned by you.
• Cause the Services or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
• Link to any part of the Services other than the homepage.
• Otherwise take any action with respect to the materials on the Services that is inconsistent with any other provision of these Terms.

The Services from which you are linking, or on which you make certain content accessible, must comply in all respects with these Terms.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We may withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Services

If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party sites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such third party sites.

Geographic Restrictions

We are based in Connecticut, United States with teams in different parts of the world. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you understand that any data, including Personal Data that you transmit to us or we collect from you will be collected from and stored in either the United States or wherever our teams are located.

Any Personal Data that we collect from you will be processed in accordance with our Privacy Notice and applicable data protection laws, including the General Data Protection Regulation (GDPR). For information about international transfers of your Personal Data and the safeguards we have implemented, please refer to our Privacy Notice.

Our Usage and Storage of Information

We may establish standard practices and limits regarding the use of the Services, including the type of user-posted content permitted on the Services, maximum number of days user-created content is displayed, accessible or retained by us or the maximum number of e-mails an account may send or receive and the maximum disk-space allotted to each end user. We have no liability for the preservation or deletion of any content maintained by the Services or otherwise provided by you to us through use of the Services. We may modify the usage and storage of content and information from time to time, in accordance with applicable law.

Disclaimer of Warranties

YOUR USE OF THE SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. EXCEPT AS PROHIBITED BY LAW, WE DISCLAIM ALL WARRANTIES OF EVERY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW OR REGULATION, WE MAKE NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICES, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

The information presented on or through the Services is made available solely for general information purposes. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other users of the Services, or by anyone who may be informed of any of its contents.

The Services may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators or reporting services. All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the content we provide, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL WE, OUR AFFILIATES OR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY SITES LINKED TO IT, HARMAN CONTENT OR CONTENT OF OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. HOWEVER, IF WE ARE FOUND LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES OR HARMAN CONTENT, OUR LIABILITY WILL NOT EXCEED $100.00 USD.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless us, our parent company, shareholders, affiliates, licensors and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, Your Content, any use of Harman Content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the Services. This obligation will survive the termination or modification of these Terms.

Governing Law and Jurisdiction 

These Terms of Use are governed by, and construed in accordance with, the laws of the State of New York without regard to any conflicts of law rules. 

Arbitration Agreement, No Class Actions and Waiver of Certain Rights

Any controversy or claim arising out of or relating to these Terms of Use or the Services will be settled by arbitration in accordance with the terms set forth below. Class and representative proceedings are not allowed. In arbitration, a neutral decision maker (called an arbitrator) will hear both sides of a dispute and issue a binding decision. There is no judge or jury in arbitration and the arbitrator applies the same law and can award the same individual remedies as a court. The procedures are streamlined in arbitration, including less discovery and appellate review, to help ensure dispute resolution is less burdensome and more cost-effective for everyone. 

You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.

1. Arbitration Agreement. You and Harman agree that, except as set forth below, we will resolve any controversies, claims, counterclaims, or other disputes between you and Harman or you and a third-party agent of Harman (a “Claim”) through final and binding arbitration instead of through court proceedings in accordance with the Consumer Arbitration Rules of the American Arbitration Association (“AAA Rules”). This arbitration agreement applies to any existing or future Claims that you have not individually filed in a court of law or in arbitration prior to the date you agreed to these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. You and we hereby waive any right to a jury trial of any Claim. The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law apply to this agreement. A court of competent jurisdiction has exclusive authority to determine the existence, scope, and validity of the arbitration agreement and the arbitrability of any claim or counterclaim, including, without limitation, whether any conditions precedent to the commencement of an arbitration have been completely satisfied and any objections with respect to any of the foregoing.

To begin an arbitration proceeding, you must send us an individual letter signed by you requesting arbitration and describing your claim at Harman International Industries, Incorporated 400 Atlantic Street, 4th Floor, Stamford, CT 06901, USA, Attention: Legal Department. This letter must be sent at least ten (10) business days before you initiate an arbitration proceeding against us.

Any party to the arbitration may at any time serve an offer of compromise in writing upon any other party to the action. Offers of compromise pursuant to these Terms will be adjudicated and interpreted in accordance with California Code of Civil Procedure section 998.

If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Harman will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

Notwithstanding the foregoing, if your attorney is paying the administrative costs, filings fees, arbitrator fees, and other associated arbitral costs on your behalf, and your attorneys' may recover all or a portion of those fees only if you obtain an award in the arbitration, your attorney must evenly split all costs with us initially. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

This arbitration agreement does not preclude you or Harman from seeking action by federal, state, or local government agencies. You and Harman also have the right to bring qualifying claims in small claims court or transfer qualifying claims to small claims court. Either party may elect that a Claim be filed exclusively in a small claims court of competent jurisdiction by providing notice to the other party. In the event a Claim has already been filed in arbitration, the party who has filed that Claim will, within ten (10) business days of receiving such a notice, withdraw their Claim from arbitration. The parties will then proceed with the Claim exclusively in small claims court. A party may apply to any court of competent jurisdiction to enforce the terms of this paragraph. In addition, you and Harman retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions. Any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.

Neither you nor Harman may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. You may not bring Claims in arbitration on a class or representative basis. The arbitrator can decide only your and/or Harman’s individual Claims.

If for any reason a Claim proceeds in court rather than in arbitration, you and Harman each waive any right to a jury trial. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a “public injunction” and any such “public injunction” may be awarded only by a federal or state court. If either party seeks a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator. 

This arbitration agreement section will survive the termination of your relationship with Harman.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR HARMAN WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

2. Mass Arbitration Process Requirements. If twenty-five (25) or more similar claims are asserted against Harman at or around the same time by the same or coordinated counsel or are otherwise coordinated and your Claim is one such claim (a “Mass Arbitration”), you understand and agree that the resolution of your Claim might be delayed. You also agree to the following process and application of the AAA Multiple Consumer Case Filing Fee Schedule and Supplementary Rules. Twenty (20) claims shall be selected to proceed to individual arbitration proceedings as part of a first batching process, ten (10) of which will be selected by the claimants and ten (10) of which will be selected by Harman. The remaining claims shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of the staged process described herein. If the parties are unable to resolve the remaining claims after the conclusion of the initial twenty (20) proceedings, the parties shall participate in a global mediation session before a retired state or federal court judge, for which Harman will pay the mediator's fee. If the parties are unable to resolve the remaining claims through mediation at this time, then forty (40) claims shall be selected to proceed to individual arbitration proceedings as part of a second batching process, twenty (20) of which will be selected by the claimants and twenty (20) of which will be selected by Harman. (If there are fewer than forty (40) claims remaining, all shall proceed.) The remaining claims shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of the staged process described herein. In any batching process, a single arbitrator shall preside over each proceeding, and only one proceeding may be assigned to each arbitrator unless the parties agree otherwise. If the parties are unable to resolve the remaining claims after the conclusion of the forty (40) proceedings, the parties shall participate in another global mediation session before a retired state or federal court judge, for which Harman will pay the mediator's fee. If the parties are unable to resolve the remaining claims in mediation at this time, this staged process shall continue with no more than one hundred (100) claims proceeding at any time in a staged order that is selected randomly or by the AAA, until all the coordinated claims, including your Claim, are adjudicated or otherwise resolved. 

At any time during these proceedings, we agree to participate in a global mediation session should your counsel request it in an effort to resolve all remaining claims. Any applicable statute of limitations on your Claim and filing fee deadlines shall be tolled for claims subject to this section regarding “Mass Arbitration Process Requirements” from the time claims are selected for the first set of batching proceedings until the time your Claim is selected to proceed in arbitration, withdrawn, or otherwise resolved. A court of competent jurisdiction shall have authority to enforce this section regarding “Mass Arbitration Process Requirements” and, if necessary, to enjoin the filing or prosecution of arbitration demands against Harman. Should a court of competent jurisdiction decline to enforce these “Mass Arbitration Process Requirements,” you and we agree that your and our counsel shall engage in good faith and with the assistance of a Process Arbitrator to devise and implement procedures that ensure that arbitration remains efficient and cost-effective for all parties. Either party may engage with the AAA to address reductions in arbitration fees. 

For the purposes of this section regarding mass arbitration, regardless of the provisions in the arbitration agreement above about the prohibitive costs of individual arbitration for you, if your lawyer or their business partner is directly or indirectly paying the arbitration fees and costs in a mass arbitration on your behalf, your lawyer must split the fees and costs charged by the arbitrator and/or arbitration provider equally with us as they become due. In this situation, in the final decision, the arbitrator can divide the fees and costs of the arbitration provider and the arbitrator among the parties in amounts they see fit to ensure a fair division among the parties provided that the amount you are ordered to pay does not exceed the amount already paid by your lawyer.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Subject to applicable law regarding limitation periods, any cause of action or claim you may have arising out of or relating to these Terms or the Services must be commenced within the limitation period prescribed by applicable law in your jurisdiction.

Waiver and Severability

Our failure to enforce or exercise any of these terms is not a waiver of that section. If a particular term is not enforceable, the unenforceability of that term will not affect any other terms.

Entire Agreement

These Terms, Privacy Notice, Terms of Sale and any Additional Terms constitute the sole and entire agreement between you and us with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.

Your Comments and Concerns

You may notify us in writing of any objectionable content. We will make a good-faith effort to investigate all allegations of objectionable content that violates the Terms but we do not represent or warrant that we will take any action relating thereto.

Notices for Complaints

Send all legal notices under these Terms to:

Harman International Industries, Incorporated

400 Atlantic Street, 4th Floor

Stamford, CT 06901, USA

Attn: Legal Department

+1.203.328.3500

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