This document describes the Mercedes-Benz USA, LLC (hereafter referred to as Mercedes-Benz USA) policy regarding personal information, ongoing communication, site security and overall site usage of MBUSA.com. These provisions apply solely to Mercedes-Benz online activities and are not necessarily applicable to practices Mercedes-Benz may engage in outside of MBUSA.com. Use of the MBUSA.com web site signifies your agreement to the terms and conditions of use set forth in this document. If you do not agree to this terms, you may not access or otherwise use this web site.
At Mercedes-Benz, we take your privacy seriously. We take an active approach to ensuring your privacy online, ensuring that every online interaction you have with us is confidential and secure.
Our primary goal in collecting information from you is to provide you with a smooth, efficient, and customized Mercedes-Benz online experience. We can provide you with news, updates and information about products, services and features that we feel will help meet your needs. Requesting information to customize our services will help make your experience easier and quicker.
Occasionally, we will request that you voluntarily supply us with personal information such as your telephone number and other such information. By voluntarily providing personal information, you consent to the collection and use of your personal information in accordance with the terms of this Privacy Policy. If, in connection with your use of a particular service, we ask to use your personal information in a way not described in this Privacy Policy and you do not wish to permit that use, you can choose not to use that particular service. Your use of such service will be your consent to the use of your personal information in the way described.
You may be able to order products, request e-mail communication, or request contact from an authorized licensed Mercedes-Benz Dealer through MBUSA.com. At these points, the type of personal information we collect may include any of the following:
· Name
· Address
· E-mail address
· Phone number
· Credit card/Debit card information
We use the information you provide about yourself during Purchase Inquiry to contact you regarding your inquiry. We do not share this information with parties other than the Mercedes-Benz Dealer you have specified during your inquiry.
We use the information you provide about yourself when placing an order to complete that order. We do not share this information with outside parties except to the extent necessary to complete that order. We use the information you provide about someone else when placing an order only to ship the product and to confirm delivery. We may use your e-mail address to communicate with you or notify you of special offers or programs you might find of interest.
We use return e-mail addresses to answer the e-mail we receive. We may also use these e-mail addresses to provide order status and order tracking information, and to respond to queries. We may offer gift certificates by which you can personalize a product you order for another person. Information you provide to us to create a gift certificate is only used for that purpose, and it is only disclosed to the person receiving the gift.
To receive news, updates and information via e-mail, register at MBUSA.com.
We may use non-identifying and aggregate information to better design our Web site and share with our marketing and advertising agencies. If you choose to create an Online Portfolio or receive products or information, or to otherwise give us personal information, we may store some or all of that information and use it for marketing research and marketing purposes, which may include sharing it with Mercedes-Benz Authorized dealerships or with various suppliers that provide marketing, research, or other services for us. To enhance your experience on MBUSA.com, we might use information you provide to us through your Online Portfolio to pre-populate forms with your name, address, phone, and email address. If you choose to save information, such as a vehicle configuration, on our Web site(s), we may contact you to follow up on your interest in our cars. In such cases, we may employ an outside research company to call you on our behalf.
Companies that work for or with Mercedes-Benz USA: We may, without notice to you, share non-public personal information with companies that work for us for the sole purpose of providing you with valuable services you've requested or already have through MBUSA.com. These companies may assist us in fulfilling your requests or processing your transactions. In addition, we may share information with companies that work for us to provide marketing and other services. We also may share your non-public personal information with non-affiliated persons and entities with whom we have entered into a joint marketing agreement, where we together market either our products or those of our marketing partner. We enter into contractual agreements with these companies prohibiting them from disclosing or using our customer information other than to carry out the purposes for which the information was disclosed. These companies are in no way authorized to sell, rent or trade your personal information. While there are such contractual obligations in place, we cannot and do not guarantee that a third party could breach its obligation and use your non-public personal information in a way contrary to our policy.
We may disclose information, including non-public personal information, in special cases when we have a good faith belief that such action is necessary to: (a) conform to legal requirements or comply with the legal process such as, but not limited to situations when we are required to do so by federal, state or local laws and regulations or when we receive a subpoena or are ordered by a court to do so; (b) protect and defend our rights; or (c) act to protect the interests of our users or others. Additionally, we may, without notice to you, provide aggregate statistics about visitors to MBUSA.com such as volume, traffic patterns and related site information to reputable third-party vendors, but these statistics will include no personal information.
You can review and revise your personal information at any time by accessing your Online Portfolio at MBUSA.com. To protect your privacy, we will also take steps to verify your identity before granting access or allowing you to revise your personal information.
You will only receive e-mail from Mercedes-Benz USA if you have requested to be on our mailing list. If you are currently on our list and would prefer not to receive further information from us, click here. To sign up for news, updates and information from Mercedes-Benz USA via e-mail, click here.
We collect anonymous user information by using Cookies. This enables Mercedes-Benz to gather information about every visit to our site. Once a user has registered on the MBUSA web site Mercedes-Benz might elect to use Cookies to track a specific user. We use this information to enhance the user experience during future visits to the web site. We might also collect information on the browser type including plug-in versions, for example Flash or QuickTime. Another example of information we might capture is the URL where a user is entering or exiting the site.
Use of Cookies
A Cookie is a small piece of information that the browser sends to the web server with each page request. A Cookie can be saved on a user's hard drive as a small text file or it can be restricted to the computer's memory where it is removed once the browser is closed. Only the Cookies that are associated with a specific URL are sent to the web server, Cookies that are sent from one web server are never sent to another web server. Mercedes-Benz uses Cookies to identify specific machines in order to gather aggregate data on how web users are utilizing the MBUSA web site. In some cases Cookies might be used to identify a specific user.
A "pixel tag" or "spotlight tag" is a small graphic file that is included in the web page being displayed. By virtue of its existence on specific pages Mercedes-Benz can gain further information on how users are making use of the mbusa.com web site. Since the browser requesting this small graphic file is no different than the browser requesting any other web page it is possible that a Cookie might be transmitted along with the request. This means that all the information that is identified in the "Site Traffic Monitoring" section can also be collected by the use of a "pixel" or "spotlight" tag.
On occasion a web user might be required to enter his/her credit card information. In order to ensure the security of this information the MBUSA web site employs the use of Secure Sockets Layer (SSL) encryption technology to communicate the information from the browser to the MBUSA web server. The SSL technology is supported by modern browsers and is used throughout the Internet by other web sites, for example banks. Once this sensitive user information is on the MBUSA servers, we employ other technologies such has a secure firewall & Virtual Private Networks (VPN) to ensure unauthorized parties cannot intercept the data.
We exercise reasonable care to protect your non-public personal information. This includes storing the personal information on our servers behind a secured firewall and ensuring all transmissions to other vendors use secure encryption technology. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. So while we strive to protect your non-public personal information, we cannot guarantee the security of any information you transmit to us or receive from us. This is especially true for information you transmit to us via e-mail. We have no way of protecting that information until it reaches us. Once we receive your transmission, we maintain physical, electronic and procedural safeguards to protect your personal information.
When registering for access to a secure area of the site, we will ask you to select a username and password. We recommend that you do not divulge your password to anyone. We will never ask you for your password in an unsolicited phone call or in an unsolicited email. Also, remember to sign out of the registered site and close your browser window when you have finished your work to ensure that others cannot access your personal information and correspondence when accessing your computer.
Internally, we will limit access to non-public personal information to those associates who need the information to provide products and services to you or maintain or service those products or services. These associates are limited in number, and are committed to our privacy and security policies. We will review our security arrangements from time to time, as we deem appropriate.
Any material, information or idea you transmit to or post on this Web site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Mercedes-Benz USA, LLC or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. Notwithstanding the foregoing, all personal data provided to Mercedes-Benz USA, LLC Online will be handled in accordance with Mercedes-Benz USA, LLC Online Privacy Practices. You are prohibited from posting or transmitting to or from this Web site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
MBUSA.com may contain links to other sites, including those of our business partners. While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the privacy practices employed by other sites and those other sites have not agreed to our privacy policy. Visit those sites for information regarding their privacy policy prior to providing personal information.
The links we provide on MBUSA.com are there for your reference and convenience. We do not control any of these Web sites, nor are we responsible for their content. Mercedes-Benz USA does not imply any endorsement of the material on such Web sites or any association with their operators by including these links on MBUSA.com. If you decide to access any of these Web Sites you do so entirely at your own risk and you should be aware that upon using these links you will leave MBUSA.com.
MBUSA.com is presented by Mercedes-Benz USA, LLC from within the United States, and Mercedes-Benz USA makes no representation that materials in the Web site are appropriate or available for use in locations outside the United States and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Web site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
The materials provided on MBUSA.com are protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of MBUSA.com are only for your personal, non-commercial use. All materials contained on MBUSA.com are protected by copyright, and are owned or controlled by Mercedes-Benz USA, LLC or the party credited as the provider of the content. You will abide by any and all additional copyright notices, information, or restrictions contained in any content MBUSA.com. You may download and make one copy of the content and other downloadable items displayed on MBUSA.com for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such content. Copying or storing of any content for other than personal, noncommercial use is expressly prohibited without the prior written permission from Mercedes-Benz USA, LLC or the copyright holder identified in the specific copyright notice.
Unless otherwise indicated, all marks displayed on MBUSA.com are subject to the trademark rights of Mercedes-Benz USA, LLC, including without limitation its model nameplates, and its corporate logos and emblems.
All prices shown are based upon U.S. Manufacturer's Suggested Retail Price ("MSRP") in U.S. dollars and do not include extra costs, such as, but not limited to, taxes, title fees, dealer charges, options, and destination. For specific pricing, product availability and program information, please visit your local Mercedes-Benz Dealer. Dealers are independent and are free to set their own prices.
The accuracy of the information on the Web site cannot be guaranteed, particularly since this information is subject to change. All product illustrations and specifications are based upon current information at the time of programming. Although descriptions are believed correct, complete accuracy cannot be guaranteed. Mercedes-Benz USA reserves the right to make changes at any time, without notice or obligation, in the information contained on this Web site, including and without limitation to prices, incentive programs, specifications, equipment, colors, materials and to change or discontinue models.
This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in this Web site; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control. This Agreement shall be governed by and construed in accordance with the laws of State of New Jersey, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this agreement shall be an appropriate state or federal court located in the State of New Jersey. This Agreement constitutes the entire agreement between Mercedes-Benz USA, LLC and you with respect to your use of the Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the you and Mercedes-Benz USA, LLC. Any cause of action you may have with respect to your use of the Web site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
Usernames and passwords help to enhance your user experience and are necessary to identify and authenticate your access privileges to secure areas of the site.
When using the Remember Username and Password feature, the password(s) you use is encrypted within a cookie on your system. Encryption is presently the most effective way to achieve data security. As an added measure, we request that you take precautions to safeguard your username and password(s). When selecting a password, use a combination of letters and numbers and do not use words that can be easily associated with you such as family names, street address, social security number or birthdates. We also suggest that you change your password regularly.
Encrypted cookies are used to remember your username and password when accessing secure sections of the site. You will be required to acknowledge this information each time you log-on to a secured online section.
THE WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEB SITE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, MERCEDES-BENZ USA AND ITS SUBSIDIARIES, AFFILIATES AND SUPPLIERS MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEB SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEB SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEB SITE OR ANY LINKED SITE. FURTHER, MERCEDES-BENZ USA AND ITS SUBSIDIARIES, AFFILIATES AND SUPPLIERS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PWRI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MERCEDES-BENZ USA AND ITS SUBSIDIARIES, AFFILIATES AND SUPPLIERS SHALL NOT BE LIABLE FOR THE USE OF THE WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN AND THE SOFTWARE WHICH MAY BE DOWNLOADED THEREFROM; AND SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MERCEDES-BENZ USA AND USER. THIS SITE AND THE INFORMATION, SOFTWARE, FORMS, AGREEMENTS, AND DOCUMENTS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnification
You hereby agree to indemnify, defend and hold Mercedes-Benz USA, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys fees and costs.
Modification of Terms and Conditions
Mercedes-Benz USA reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be posted on the Web site. Mercedes-Benz USA may change, suspend or discontinue any aspect of the Web site at any time, including the availability of any Web site feature, database, or content. Mercedes-Benz USA may also impose limits on certain features and services or restrict your access to parts or all of the Web site without notice or liability. By using this Web site you agree to be bound by any such revisions and should therefore periodically visit the page to determine the then current terms of use to which you are bound.