HARMAN Terms of Use

Last updated: October 1, 2025
 

These Terms of Use ("Terms") apply to your access to 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 and Terms of Sale. 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 with respect to any product, service, 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 behalf of such person or entity and that such person or entity agrees to be liable to us if you or such person or entity violates these Terms.

NOTICE REGARDING DISPUTE RESOLUTION AND WAIVER OF JURY TRIALS 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 THE SECTION ON "ARBITRATION" BELOW), INCLUDING DISPUTE ARBITRATION OBLIGATIONS, WHICH, SUBJECT TO LIMITED EXCEPTIONS, THEY WILL REQUIRE YOU TO SUBMIT ANY CLAIMS YOU HAVE AGAINST US TO BINDING ARBITRATION. THESE PROVISIONS INCLUDE EACH PARTY'S WAIVER OF THE RIGHT TO A JURY TRIAL AND THE 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 see our Privacy Notice, which 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 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 the Additional Terms before using these features of the Services. Unless otherwise specified in the Additional Terms, all Additional Terms are incorporated into these Terms. If you do not agree to the Additional Terms, you will not have access to the aspect of the Services to which they relate. These Terms and Additional Terms apply equally. However, if any Additional Term is inconsistent with any provision of these Terms, the Additional Term shall prevail, but only for services 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 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 with the previous "last updated" date. 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 changes or discontinuances, in whole or in part, to the Terms or Services.

Your continued use of the Services following the posting of the revised Terms means that you accept and agree to the changes. You are expected to check this page each time you access the Services to be aware of any changes, as they are binding on you. You further agree to review these Terms periodically and to be 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, markup information, page formatting and style, images, 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 proprietary rights intellectual property 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 directly or indirectly identified.

"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 their country of residence. By using the Services, you represent and warrant that you are at least 18 years of age or the age of digital consent in your country of residence.

Access to Services and Account Security

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

You are responsible for:

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

In order 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 information you provide on the Services is correct, current, and complete. You agree that all information you provide to register for the Services or otherwise, including, but not limited to, 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 in accordance with these Terms.

If you choose, or are provided with, a username, password, or any other information as part of our security procedures, you must treat such information as confidential and 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 thereof 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 of your account at the end of each session. You should take special care when accessing your account from a public or shared computer so that others cannot see 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 of the Harman Services and 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 to the Harman Content. Except as expressly granted to you under these Terms, we do not grant you any right, title, or interest in any of the Harman Content.

You will not copy, reproduce, publish, distribute, transmit, broadcast, display, display, edit, modify, and create derivative works from, or in any way exploit, any portion of the Harman Content. You will not frame or use framing techniques to include our trademark, logo, or other proprietary information. You will not use any meta tags or any other "hidden text" that uses our name or trademarks. You will not remove, remove, or alter any copyright, trademark, or other proprietary notice that appears on the Harman Content. You will not take any action to jeopardize, limit, or interfere in any way with our rights to Harman Content. You agree not to portray us, our products, or the Services in a false, misleading, derogatory, or offensive manner. We reserve the sole and exclusive right, in 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 by third parties or licensed by third parties. All restrictions set forth in these Terms apply equally to all Harman Content owned by or licensed by third parties.

Our name, terms, logos, trademarks, and all related names, logos, product and service names, designs, and slogans are our trademarks (or the trademarks of our affiliates or licensors). 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 trademarks of their respective owners.

Notification of Copyright Infringement

Harman follows the guidelines of the Digital Millennium Copyright Act regarding claims that content on our network infringes a copyright. To submit a notice of copyright infringement to us, you will need to submit a written communication that includes substantially the following (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 full 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 content 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 jobs are online, providing links to them will help speed up 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 URL links to content that claims 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, 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 terminate without notice the account and 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 prevent unfair or infringing uses of the trademarks on its site. If you believe that a third party is infringing on your registered trademark or service mark on the Harman platform, you can file a complaint by following the process below. Please note that Harman's policy does not apply to all forms of trademarks, including, but not limited to, sound, odor, color, and holographic marks, which Harman will remove pursuant to a valid court order.

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

1. The Complainant's full name and title
2. The company, if any, that owns the trademark rights in the trademark.
3. A good faith statement by 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 you are the owner or authorized to act on the owner's behalf of the trademark rights described in your complaint.
5. A statement that you acknowledge and agree that a copy of this infringement notice, including any contact information previously provided, may be provided to the external user of the Harman Site whose content is the subject of the complaint;
6. Identify the brand as used on the Harman Platform and sufficient information for Harman to identify where it is used on the Harman Platform;
7. Explain the basis for the claim of infringement, including the applicable registration numbers and the countries where the trademark 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 the material infringes your trademark or service mark.

Once Harman receives a complete notice of trademark infringement, we will examine the complaint to determine whether it meets the minimum standards required for a complaint, as described above, and you will receive a response confirming receipt. You may also receive a response that the complaint is deficient or for which this process is not adequate.

Pursuant to a complaint that is in full compliance, 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 brand ownership. In the event that the party contests ownership, the plaintiff may be required to obtain a court order. Otherwise, Harman may limit, remove, or disable access to the claimed infringing material.

License Grant

Subject to the restrictions in these Terms, you may use the Services for your personal, non-commercial use. You may not, assist or direct any third party to: (i) extract, separate, delete or otherwise copy the Harman Content; (ii) disassemble, decompile, reverse engineer, or convert any portion of the Harman Content into 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 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 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 manner that violates any applicable national, federal, state, local, regional, or international law or regulation (including, but not limited to, laws relating to the export of data or software to and from the U.S. 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, soliciting personally identifiable information, or otherwise.
• Send, knowingly receive, upload, download, use, or reuse any material that 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 us, any of our employees, another user, or any other person or entity (including, but not limited to, through the use of email 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 that, as determined by us, may harm us or our users or expose them to liability.

In addition, 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 your 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 material on the Services.
• Use any manual process to monitor or copy any 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 viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any portion of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services.
• Attack the Services through a denial-of-service attack or a distributed denial-of-service attack.
• Attempt to interfere with the proper working of the Services.

Your Content

The Services may allow you to post, submit, post, 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 false, misleading, inaccurate, fraudulent, and misleading information or promotes illegal activities.
• Do not solicit any personal data from other users of the Services.
• Do not post any content or information that violates any law.
• Do not insult or call any other user 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 to. You are responsible for all content you post.

The Content you post on 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 anyone acting on our or their behalf (collectively and including us, the "Licensed Parties") a perpetual, non-exclusive, non-revocable right, Royalty-free, fully-paid, worldwide license to adapt, modify, create derivative works from, display, distribute, disclose, sublicense, assign, use, and commercialize Your Content in any manner and in any medium without obligation 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 the 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 to Your Content, (ii) you have permission from all persons depicted 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, release, and agree to hold harmless the Authorized Parties from any liability related in any way to the Authorized 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 adequacy. We cannot and do not undertake to review all material before it is posted to the Services and cannot guarantee prompt removal of objectionable material after it has been posted. We have no liability to anyone for the performance or failure to perform 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 allow us to search for your hashed posts ("Social Media Post"). We may communicate with you directly, either publicly or privately, through the social media platform on which the social media post was located and ask for your permission to use the social media post. If you grant us permission as described in the request we make, you grant the Licensed Parties the same right and make the same representations and warranties to the Social Media Posting as you would to Your Content. You hereby release, release, and agree to hold the Authorized Parties harmless from any liability related in any way to the Authorized Parties' use of your social media post.

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

Monitoring and Compliance; Termination

Can:

• Remove or refuse to post your content for any reason or no reason at all 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 yourself 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, but not limited to, 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 reason or no reason, including, but not limited to, 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 material on or through the Services. YOU WAIVE AND HOLD US AND OUR AFFILIATES, LICENSORS, AND SERVICE PROVIDERS HARMLESS 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 RESULT OF INVESTIGATIONS BY US OR BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Confidence in published information

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

We disclaim all liability 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 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 materials provided by third parties.

Changes to the Services

We may update the content of 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 materials on the Services may be out of date at any given time, and we have no obligation to update such material.

Links to Social Media Services and Features

You may link to our home page, provided you do so in a fair and legal manner and do 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 allow you to:

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

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

• Link from anywhere you don't own.
• Cause the Services or portions of them to be displayed, or appear to be displayed, for example, by framing, deep linking, or inline linking, on any other site.
• Link to any part of the Services other than the home page.
• 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 link, 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 to cease immediately. We may withdraw the linking permission without notice.

We may disable all or some of the social media features and any links at any time without notice at 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 content of those sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from their use. If you decide to access any of the third-party sites linked to the Services, you do so at your own risk and subject to the terms and conditions of use of such third-party sites.

Geo-restrictions

We are located in Connecticut, United States, with teams in different parts of the world. Access to the Services may not be legal for 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 that we collect from you, will be collected and stored in the United States or wherever our equipment is located.

Any personal data 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 put in place, please see our Privacy Notice.

Our Use 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, the maximum number of days that user-created content is displayed, accessible, or retained by us, or the maximum number of emails an account may send or receive and the maximum disk space allotted to each end user. We have no responsibility for the preservation or deletion of any content maintained by the Services or provided to us by you through your use of the Services. We may modify the use and storage of content and information from time to time, in accordance with applicable law.

Disclaimer of Warranties

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

Information presented on or through the Services is available for general information purposes only. We disclaim all liability arising from any reliance placed on such materials by you or any other user 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 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 materials provided by third parties.

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

Limitation of Liability

IN NO EVENT SHALL 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, THE HARMAN CONTENT, OR THE 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 IT IS FORESEEABLE. HOWEVER, IF WE ARE HELD LIABLE TO YOU FOR ANY DAMAGE OR LOSS THAT IS IN ANY WAY RELATED TO YOUR USE OF THE SERVICES OR THE HARMAN CONTENT, OUR LIABILITY WILL NOT EXCEED $100.00 USD.

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

Indemnity

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 arising out of or arising out of related to your violation of these Terms or your use of the Services. including, but not limited to, Your Content, any use of Harman's Content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Services. This obligation shall 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 conflict of law rules. 

Agreement to arbitrate, no class action and waiver of certain rights

Any controversy or claim arising out of or relating to these Terms of Use or the Services shall be resolved by arbitration in accordance with the terms set forth below. Collective and representative proceedings are not permitted. 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. Procedures are simplified in arbitration, including less discovery and review of appeals, to help ensure that 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 class member in a class, consolidated, or representative action.

1. Agreement to Arbitrate. You and Harman agree that, except as set forth below, we will resolve any controversy, claim, counterclaim, or other dispute between you and Harman or between you and a third-party agent of Harman (a "Claim") through final and binding arbitration rather than through court proceedings in accordance with the Consumer Arbitration Rules of the American Arbitration Association ("AAA Rules"). This agreement to arbitrate applies to any existing or future Claims that you have not individually brought in a court of law or in arbitration prior to the date you accepted these Terms. The AAA Rules are available on 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 shall be heard and determined by a single arbitrator. The arbitrator's decision in such arbitration shall be final and binding on the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration proceedings shall be kept confidential and that the existence of the proceedings and any elements thereof (including, but not limited to, pleadings, pleadings, or other documents filed or exchanged and any testimony or other oral submissions and awards) shall not be disclosed beyond the arbitration proceedings, except as legally required in court proceedings relating to the arbitration by the rules and applicable securities disclosure regulations regulatory authorities or other government agencies, or as specifically permitted by state law. The Federal Arbitration Act and the Federal Arbitration Act 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 the conditions preceding the commencement of an arbitration and any objections with respect to any of the foregoing have been fully satisfied.

To initiate an arbitration proceeding, you must send us an individual letter signed by you requesting arbitration and describing your claim to 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 initiating an arbitration proceeding against us.

Either party to the arbitration may at any time give a written offer in compromise to any other party to the action. Offers in compromise pursuant to these Terms shall be adjudicated and construed in accordance with section 998 of the California Code of Civil Procedure.

If Harman demonstrates 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 arbitration as the arbitrator deems necessary to prevent the cost of arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of the arbitration and the arbitrator's award between the parties in such amounts as the arbitrator deems appropriate.

Notwithstanding the foregoing, if your attorney pays the administrative costs, filing fees, arbitrator's fees, and other associated arbitrator 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 split all costs equally with us initially. In the final award, the arbitrator may apportion the costs of the arbitration and the arbitrator's award between 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 file qualifying claims in small claims court or transfer qualifying claims to small claims court. Either party may elect to have a Claim filed exclusively in small claims court of competent jurisdiction by giving notice to the other party. In the event that a Claim has already been filed in arbitration, the party that filed that Claim shall, within ten (10) business days after receipt of such notice, withdraw its 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 reserve the right to apply to any court of competent jurisdiction for interim relief, including pre-arbitration attachments or preliminary injunctive relief. Such a request shall not be deemed inconsistent with these Terms, nor a waiver of the right to arbitrate disputes as provided in these Terms.

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

If for any reason a Claim proceeds in court rather than arbitration, you and Harman waive any right to a jury trial. No waiver of any provision of this Section of the Terms shall be effective or enforceable unless recorded in writing and signed by the party waiving such right or requirement. Such waiver shall not waive or affect any other part of these Terms. The arbitrator may award in arbitration the same damages or other relief available under applicable law, including declaratory and injunctive 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 court order" and such "public court order" may only be granted by a federal or state court. If either party seeks a "public injunction," all other claims and prayers for relief must first be adjudicated in arbitration and any prayer or claim for a "public injunction" in federal or state court is stayed until the arbitration is complete, after which the federal or state court may adjudicate the party's claim or sentence for "public injunctive relief." In doing so, the federal or state court is bound by the arbitrator's decision under the principles of pretension or estoppel. 

This section of the arbitration agreement shall 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 PARTICIPATE IN DISCOVERY, EXCEPT AS PROVIDED IN THE AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR HARMAN WOULD HAVE IN COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.

2. Requirements of the mass arbitration process. If twenty-five (25) or more similar claims are brought against Harman at or about the same time by the same attorney or by a coordinated attorney or otherwise coordinated and your Claim is one of those claims (a "Mass Arbitration"), you understand and agree that the resolution of your Claim may be delayed. You also agree to the following process and application of the AAA Multi-Consumer Case Filing Fee Schedule and Supplemental Rules. Twenty (20) claims will be selected for individual arbitration proceedings as part of a first batch process, ten (10) of which will be selected by the claimants and ten (10) of which will be selected by Harman. Any remaining claims will not be filed or deemed to have been arbitrated, nor will the AAA's fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of the phased process described herein. If the parties are unable to resolve the remaining claims after the conclusion of the initial twenty (20) proceedings, the parties will participate in a global mediation session before a retired state or federal court judge, for which Harman will pay the mediator's fees. If the parties are unable to resolve the remaining claims through mediation at this time, forty (40) claims will be selected to proceed to individual arbitration proceedings as part of a second batch proceeding, twenty (20) of which will be selected by the claimants and twenty (20) of which will be selected by Harman. (If there are less than forty (40) claims left, all will proceed.) Any remaining claims will not be filed or deemed to have been arbitrated, nor will the AAA's fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of the phased process described herein. In any batch processing process, a single arbitrator will preside over each proceeding, and only one proceeding may be assigned to each arbitrator unless otherwise agreed by the parties. If the parties are unable to resolve the remaining claims after the conclusion of the forty (40) proceedings, the parties will participate in another global mediation session before a retired state or federal court judge, for which Harman will pay the mediator's fees. If the parties are unable to resolve the remaining claims in mediation at this time, this phased process will continue with no more than one hundred (100) claims at any time in a staged order that is selected at random or by the AAA, until all 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 if requested by your attorney in an effort to resolve all remaining claims. Any applicable statutes of limitations on your Claim and filing fee deadlines will be suspended for claims subject to this section with respect to the "Mass Arbitration Process Requirements" from the time claims are selected for the first set of batch proceedings until the time your Claim is selected to proceed in arbitration, it is withdrawn or otherwise resolved. A court of competent jurisdiction shall have authority to enforce this section with respect to the "Requirements of the Mass Arbitration Process" and, if necessary, to prohibit the filing or prosecution of arbitration claims against Harman. In the event that a court of competent jurisdiction refuses to enforce these "Mass Arbitration Process Requirements," you and we agree that your attorney and our attorney will participate in good faith and with the assistance of a process arbitrator to design and implement procedures that ensure that the arbitration remains efficient and cost-effective for all parties. Either party may engage with the AAA to address reductions in arbitration fees. 

For purposes of this section with respect to mass arbitration, notwithstanding the provisions of the arbitration agreement above about the prohibitive costs of individual arbitration to you, if your attorney or your business partner directly or indirectly pays the arbitration fees and costs in a mass arbitration on your behalf, your attorney must divide the fees and costs charged by the arbitrator and/or arbitration provider equally with us as they win. In this situation, in the final decision, the arbitrator may divide the fees and costs of the arbitration provider and the arbitrator between the parties in amounts that he or she deems appropriate to ensure a fair division between the parties, provided that the amount you are ordered to pay does not exceed the amount already paid by your attorney.

Limitation of Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATED 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 WILL BE PERMANENTLY BARRED.

Subject to applicable law with respect to 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 applicable, 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 in connection therewith.

Complaint Notices

Please send all legal notices under these Terms to:

Harman International Industries, Incorporated

400 Atlantic Street, 4th Floor

Stamford, CT 06901, United States

Attn: Legal Department

+1.203.328.3500

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