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Terms of Use

By using and/or visiting the TheCubeFarm.com website (Website), you signify your agreement with both these Terms of Use, with any applicable laws and regulations as well as the Plantronics Privacy Notice, which is published at www.plantronics.com/north_america/en_US/privacy.jhtml and incorporated herein by reference. If you do not agree to any of these terms, then do not use the Website.

General Terms

  • Plantronics grants permission for your use of the Website as stated in these Terms of Use, provided that: a) your use of the Website is for your personal and noncommercial use; (b) you agree not to copy or distribute any portion of the Website without prior written permission from Plantronics.
  • The Website may contain content that is offensive, indecent or otherwise objectionable.
  • You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, and obligations provided in these Terms of Use, and to abide by and comply with these Terms of Use. In addition, you affirm that you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website.
  • Plantronics has not reviewed, and cannot review, all of the material, made available through the websites and webpages to which the Website links, and that link to the Website. By linking to a non-Plantronics website or webpage, Plantronics does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content. Plantronics disclaims any responsibility for any harm resulting from your use of non-Plantronics websites and webpages.
  • Plantronics reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.

Disclaimer of Warranties

Your use of the website is at your sole risk unless otherwise explicitly stated. The website and content is provided on an "as is" "as available" and "with all faults" basis. Plantronics disclaims all express or implied conditions, representations, and warranties of any kind, including any implied warranty or condition of merchantability, satisfactory quality, fitness for a particular purpose, or noninfringement. Plantronics makes no representations, warranties, or guarantees as to the usefulness, quality, suitability, truth, accuracy or completeness of the website.

You assume all risk for any damage to your computer system or loss of data that results from obtaining any content from the website, including any damages resulting from computer viruses.

Limitation of Liability

TO THE FULL EXTENT PERMITTED BY LAW, PLANTRONICS IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, EVEN IF PLANTRONICS HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (b) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE.

To the extent that any jurisdiction does not allow the exclusion or limitation of direct, incidental or consequential damages, portions of the above limitation or exclusion may not apply.

Intellectual Property Rights

The content on the Website, including but not limited to, the videos, music, text, photos and graphics as well as the trademarks, service marks and logos contained therein, are owned by or licensed to Plantronics, subject to intellectual property rights under United States and foreign laws. Content on the Website is provided to you AS IS for your personal use only and may not be copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever other than expressly permitted herein, without the prior written consent of Plantronics.

Indemnification

You agree to defend, and hold harmless Plantronics, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website.

Miscellaneous

These Terms of Use shall be governed by the laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Plantronics that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in California. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

Plantronics Privacy Policy
Effective Date: January 31, 2006

Plantronics, Inc. ("Plantronics") is committed to protecting the privacy of consumers visiting our websites and purchasing our products. Plantronics wishes to maintain a safe and secure environment for all users of our online products and services. Please read the following Privacy Statement to understand how your personal information is treated. From time to time Plantronics may offer new products and/or services online which may affect this policy, which will be updated as needed. Please check back with us periodically.

If you have questions or concerns regarding this statement, you should first contact the Plantronics Privacy Administrator by email at privacy@plantronics.com.

Plantronics complies with the EU Safe Harbor framework as set forth by the Department of Commerce regarding the collection, use, and retention of data from the European Union.

This Privacy Statement answers the following questions for you regarding your online privacy protection:

What Information Does Plantronics Collect?

Plantronics will collect personal information from our users for different purposes. Information gathered online can be identified as either anonymous or identifiable. Anonymous information is information that cannot be traced back to the individual. Identifiable information is information that is specific to the individual so that we can deliver the right products and services to the individual. The following lists the many ways in which we collect personal information from our users and the type of information collected:

To Purchase Products: To purchase lightweight communications headset products and to obtain other services offered on www.plantronics.com, a user has to create his/her profile by completing a questionnaire online. Through the completion of the questionnaire by a user we collect the following information: (i) full name; (ii) address; (iii) e-mail address; (iv) credit card information; (v) password; and (vi) nickname. The provision of this personal information is mandatory and if you choose not to submit the requested information we will not be able to provide you with the services offered on www.plantronics.com.

To Register Products: To register your purchased product online, we request the following information: (i) full name; (ii) email address; and (iii) purchase date. The provision of this information is mandatory in order to register your purchase online. The provision of the remaining information requested on the product registration form is optional.

To Join the Plantronics Team: To join the Plantronics team, a user may consider submitting his/her resume online. You will be asked to create a login consisting of your email address and password. During this process we may collect personally identifiable information. Plantronics uses services provided by Authoria in the online career search. Information provided may be shared or transferred to Authoria. We encourage users who will use this system to review the privacy policy of Authoria. By virtue of the online resume form we collect the following personal information: (i) full name; (ii) home phone; (iii) e-mail; (iv) educational background; and (v) the text of the resume. The provision of this information is mandatory. In addition to mandatory information, we request information such as address, current employment, ability to speak other languages and a brief description of your career objectives. The provision of this information is optional. Authoria is not allowed to use the information collected for any purpose other than the original purpose.

To Become a Plantronics Dealer: To become a Plantronics dealer, a user must complete an online application. By virtue of our online application we collect personal information such as the user's full name and e-mail address. The provision of this information is mandatory for users who want to become dealers. In addition to this mandatory information, we request information such as current employment, phone and fax. The provision of this information is optional.

To Participate in Online Surveys: If you desire, you may participate in Plantronics' online surveys. If you choose to participate, we will collect anonymous information about the environment you work in, telephone habits, and demographic information. These surveys are developed in order for us to understand what types of products are most effective for our customers and to find the best ways to advertise to reach new customers. Your participation in our online surveys is entirely voluntary.

To Request Support: When you choose to use the online chat type of support, the following information is gathered through the creation of an account or use of existing account: Email address, password, first name, last name, company name, address, city, state, zip, country, phone, telephone number, Plantronics model, Phone manufacturer, and Phone model. The information, with the exception of the password, is viewable to the support person that is handling the chat. You will be given the option to opt-in to receive further emails from Plantronics, including but not limited to marketing emails, advertisements, newsletters and bulletins. Currently any information captured through support is not provided to anyone outside of Plantronics.

Refer a Friend: If you choose to use our referral service to tell a friend about our site, we will ask you for your friend's name and email address. We will automatically send your friend a one-time email inviting him or her to visit the site. Plantronics does not store this information and it is used for the sole purpose of sending this one-time email and tracking the success of our referral program.

Mobile Messaging: Plantronics may use mobile messaging, SMS campaigns to communicate with customers who have opted in to receive these types of communications. We will use a third party service to deliver the messages, they have been advised that any PII transmitted to them in order to transmit the campaign is the property of Plantronics and not to be used for any other means other than to carry out the transaction. The third party will verify your carriers' policies in regard to sending text messages, however if you believe you have received any messages in error, please contact us at privacy@plantronics.com.

Server Log Files:

As is true of most Web sites, we gather certain information automatically and store it in log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and click stream data.

We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users' movements around the site and to gather demographic information about our user base as a whole.

We do not link this automatically-collected data to personally identifiable information.

Does the Plantronics Website Use "Cookies"?

We use cookies on this site. A cookie is a piece of data stored on a site visitor's hard drive to help us improve your access to our site and identify repeat visitors to our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Additionally, we use cookies to track our online advertising efforts. Usage of a cookie is in no way linked to any personally identifiable information on our site, though cookies may be used in the online career center to share personally identifiable information with Authoria to accommodate the hiring process.

Plantronics may use the following types of cookies:

  • "Session" cookies expire upon exiting our site and closing all browser sessions.
  • "Non-session" cookies expire after 30 days after using our site.
  • "Third-party" cookies, in particular Click-Track cookies, are used to track a user session. The information collected is not linked to the user's personal information.

Do I have to Register with www.plantronics.com?

All users can access the www.plantronics.com website without being a registered user. However, you will not be able to access certain areas or purchase our products online if you are not a registered online user of www.plantronics.com.

How Does Plantronics Use My Information?

Personal information collected by us is used primarily for the purpose it is collected: to facilitate purchases online, to register users' purchases, to process users' resumes or to consider dealer applications. In particular, the users' shipping and billing addresses are used for fulfilling the purchase orders and to bill a user's credit card. The personal information provided in a resume and dealer's application is used to consider the eligibility of the candidates. In addition to the original purpose for which the personal information is collected, we may use the personal information to contact users to confirm information related to his/her order or to advise a user if an item is on back order.

Plantronics also may use users' email address and/or phone number as follows provided that the user grants his/her consent to such additional use:

  • in our internal surveys to obtain feedback on our products, our website, or on other aspects of our business that impact you as a Plantronics customer;
  • to notify users of new products or services we think may be of interest to them;
  • to send promotional materials.

Users will receive such promotional materials only if they have indicated that they do not object to receiving such information. If users prefer not to receive e-mails or phone calls unrelated to their Plantronics orders, they simply uncheck the boxes on the registration form that request their consent to this additional use of their personal information. Please see "How Can I Opt-In/Opt-Out?" for more information.

We may also use personal information collected to contact users in connection with the inappropriate use of the www.plantronics.com website.

Does Plantronics Disclose My Personal Information?

From time to time, we may disclose your Personal Information as follows:

  • To facilitate the online purchases of our products, we use distributors and shipping companies to ship orders, and a credit card processing company to bill users for goods and services. We have advised our Distributors of this Privacy Statement and have requested that they do not retain, share, store or use personally identifiable information for any purpose other than to implement the sales transaction unless they have your consent to send promotional communications, except as set forth in the following two paragraphs. We provide them with the Personal Information needed to make and complete the transaction.
  • To organizations that perform services for or on behalf of Plantronics, for example to provide customer service, deliver products, ship items, process credit cards, for research, marketing, data processing, and to measure the use of our Site. We will share with these companies only that Personal Information which they need to work on our behalf. Some of these service providers may be located in other countries. Your Personal Information will be provided to these organizations only if they agree to use such information solely for the purpose of providing services to Plantronics, and under the instructions of Plantronics, and with respect to that information, to act in a manner consistent with the relevant principles articulated in this Policy.

What About Security of Data Transmission

Please note that at www.plantronics.com there is a form where you can transmit credit card information in order to complete a purchase transaction. Any time we ask for a credit card number, we transmit that credit card number in an encrypted format. We use industry-standard, SSL (secure socket layer) encryption. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, Plantronics cannot ensure or warrant the security of any information you transmit to us or from our online products or services, and you do so at your own risk. Once we receive your transmission, we make our best effort to ensure its security on our systems.

Can I Correct/Update the Information Collected About Me?

You have the right to correct/update the personal information collected about you at www.plantronics.com. You can make changes to your personal profile at any time by going to the "Customer Sign In" page on our website. You will need your Logon ID (user name) and password in order to access your personal information.

You may also contact us via email at privacy@plantronics.com to request changes to your profile.

All access requests will be acknowledged and responded to within 30 days of receipt.

Will You Notify Me in the Event of Changes to this Privacy Policy?

Plantronics reserves the right to make changes to this Privacy Policy. Any changes in the policy will be posted directly on the Plantronics website at www.plantronics.com/north_america/en_US/privacy.jhtml. In the event of a material change in the site's data collection and handling practices, Plantronics will inform those users who have provided an email address via email and will post a prominent notice on the web site for 30 days.

We encourage you to review our Privacy Policy whenever you visit the Plantronics website. If you have any questions or concerns on the Plantronics Privacy Policy, please contact privacy@plantronics.com.

Miscellaneous

Contests/Sweepstakes

From time-to-time Plantronics may sponsor contests/sweepstakes on our site. Participation in these contests/sweepstakes is completely voluntary. Personally identifiable information requested may include contact information (such as name and shipping address) and demographic information (such as zip code). You will have the option in all of our contests/sweepstakes to "opt-in" or "opt-out" of receiving these special promotions etc. from Plantronics, Inc. and its advertisers, partners, affiliates, and sponsors (see “How Can I Opt-In/Opt-Out?” for more information). By entering, you agree to all of the terms and conditions, which will be clearly outlined in the rules. Where a contest or sweepstakes is not sponsored by Plantronics, the identity of the sponsor will be clearly disclosed in the rules. We encourage you to review the privacy policy of the sponsor before entering.

How Can I Opt-In/Opt-Out?

We provide you the opportunity to 'opt-out' of having your personally identifiable information used for certain purposes, when we ask for this information. For example, if you purchase a product/service but do not wish to receive any additional marketing material from us, you can indicate your preference on our order form.

If you no longer wish to receive our newsletter and promotional communications, you may opt-out of receiving them by following the instructions included in each newsletter or communication, by emailing us at privacy@plantronics.com or you may contact us at Plantronics, Inc. c/o Legal Department, 345 Encinal Street, Santa Cruz, California 95060 USA to opt-out.

Why Do I Need an ID and Password?

At our e-commerce site we provide an area for you to store your billing address, and shipping addresses. This is your private information and you should keep it secure. We also require that you enter your Logon ID (nick name) and password for accessing Order Status where you will view the details of products ordered from Plantronics.

Links

This web site may contain links to other sites. Please be aware that Plantronics is not responsible for the privacy practices or the content of such other sites. We encourage our users to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by this web site.

How Do I Contact Plantronics?

If you have any further questions or comments regarding this Privacy Statement, you may contact us at privacy@plantronics.com, or by any of the following ways:

  • Facsimile: (831) 426-2965
  • Mail: Plantronics, Inc.
    c/o Legal Department
    345 Encinal Street
    Santa Cruz, California 95060
    USA

Legal Disclaimer

We may disclose personal information when required by law or in the good-faith belief that such action is necessary in order to conform to the edicts of the law or comply with a legal process served on our site.

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