Pagani Technical Information Portal Website Terms and Conditions

The Pagani Technical Information Portal website is a service offered to Users to permit independent workshops and other companies in the United States market that professionally execute repairs and servicing on Pagani automobiles access to the latest information. The information in the Website is intended to give subscribers access to updated manuals, parts catalogues, guides, and emissions materials.

THIS AGREEMENT INCLUDES A PREDISPUTE RESOLUTION CLAUSE IN SECTION XV(i) THAT LIMITS YOUR ABILITY TO FILE SUIT AGAINST PAGANI. THIS IS A LEGAL AGREEMENT AND IT IS IMPORTANT THAT YOU READ AND UNDERSTAND ITS TERMS BEFORE AGREEING TO IT.

    I. Definitions

    1. “Agreement” means these Terms and Conditions, as amended from time to time.
    2. “We,” “Us,” “Our,” and “Pagani” refer to Pagani Automobili America, Inc., a Florida corporation with its principal address at 4131 Laguna Street, Coral Gables, FL 33146.
    3. “You,” “User,” and “Licensee” refer to a person, individually or on behalf of another person or entity, visiting or accessing the Website.
    4. “Materials” refers without limitation to the manuals, parts catalogues, guides, emissions information, or other documents, diagrams, photographs, or other materials to which access is provided to Users only after they purchase a subscription, as set forth below.
    5. “Parties” means both You and Pagani, and “Party” refers to either of them.
    6. “Website” refers to the Pagani Technical Information Portal website, including without limitation the public-facing, non-secured portion of the website, and the controlled-access, secured portion of the website that can only be accessed by individuals with an account or who have purchased a subscription.

    II. Binding Agreement

    1. Access to and use of this Website is provided subject to these terms and conditions, which form a binding Agreement between You and Pagani. By using the Website, You acknowledge that You have read, accepted, and agreed to be bound by and complied with the terms of this Agreement, as amended from time to time as discussed herein.
    2. If You do not accept and agree to be bound by the terms of this Agreement, You must immediately cease further use of this Website.
    3. You further represent and warrant that You have the capacity to enter into this legally binding agreement. If You are using the Website on behalf of an entity, You hereby represent and warrant that You have the authority to bind such entity to the Agreement.

    III. Privacy Policy and Routine Disclosures.

    1. Pagani believes in protecting Your privacy. Please click here to review or current Privacy Policy, which is incorporated by reference to this Agreement and also governs Your use of the Website, to understand our practices. By providing Your personal information to Us, as described in the Privacy Policy, You consent to the access, use, collection, storage, processing, and disclosure of Your personal information as set forth therein.
    2. We will only use Your personal information provided through this website in accordance with the Privacy Policy. In certain circumstances, We may disclose information about You to third parties if We determine, in Our sole discretion, such disclosure is necessary to (a) protect Our systems, assets, employees, and customers; (b) to ensure the integrity and operation of our business and systems; and (c) in response to legitimate and enforceable governmental requests, subpoenas, and court orders. We may choose to comply with or disregard such requests or orders in our sole discretion, to the extent permitted by applicable laws. Further details are available in the Website Privacy Policy and elsewhere in this Agreement.
    3. Pagani may disclose Your Personal Information (including Your identity) if We determine that such disclosure is necessary in connection with any investigation or complaint regarding Your use of the Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Pagani’s rights or property, or the rights or property of visitors to or users of the Site, including Pagani customers. Pagani also may disclose Your information when Pagani determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
    4. You acknowledge and agree that Pagani may preserve any transmittal or communication by You with Pagani by email, through the Website, or any service offered on or through the Website, and may also disclose such data if required to do so by law or Pagani determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce this Agreement, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property, or personal safety of Pagani, its employees, users of or visitors to the Website, and the public.

    IV. Your User Account

    1. Upon accessing the Website, You will have the option of creating a user account, which will only be issued by Pagani upon Your express consent to this Agreement and the Privacy Policy, to be demonstrated by “clicking” to accept. However, accessing the public-facing portion of the Website remains subject to this Agreement and the Privacy Policy, as discussed above.
    2. By clicking to accept the terms of use, You:
      1. Represent and warrant that You have reached the legal age of majority in Your jurisdiction, You have the capacity to enter into binding obligations, and all information supplied by You is true, accurate, and complete;
      2. Agree to be bound by and comply with this Agreement, as updated from time to time; and
      3. Understand that if You do not agree to the terms of this Agreement, You must not access or use the Website, and if You are using the Website on behalf of another person or corporate entity, You represent and warrant that You have the authority to bind such person or entity to this Agreement.
    3. You agree and warrant that You will not permit anyone other than Yourself (or other Licensees permitted to access Your account pursuant to a separate Agreement with Pagani) to use the Website or download the Materials using the user account issued to You by Pagani. You further agree to promptly notify Pagani of any actual or suspected unauthorized use of the Website. Pagani reserves the right to suspend, deactivate, or replace the user account if it determines that the user account may have been used for an unauthorized purpose.

    V. Subscription and License

    1. After creating a user account, You will have the option to purchase one or more subscriptions options for various prices. Purchase of one or more subscription plan creates a limited license to access the Materials described herein and use them for Your personal or business use.

    VI. Limited License Terms

    1. The Materials are provided to You pursuant to a revocable, limited, nonexclusive license to use the Materials in accordance with the terms of this Agreement. All rights not expressly granted to You by this Agreement are hereby reserved by Pagani. Nothing in this license entitles You to receive technical support, telephone assistance, or documentation not included in the Materials.
    2. All Materials available on the Website are protected by intellectual property laws, including but not limited to copyright or trademark. Any act to record, store, copy, reproduce, republish, publicly exhibit, post, transmit, distribute, transfer, translate, transpose, modify, or create derivative works from, in whole or in part, any part of the Materials, in any form or by any electronic, mechanical, photocopying, recording or any other means, is strictly prohibited without first obtaining the prior written consent for each such action from Pagani at the address set forth in this Agreement.
    3. To the extent that Pagani authorizes any of the foregoing actions by written consent, such use is only permitted to the extent that the source of the material is clearly stated and to the extent that any copyrighted or trademarked material remains unchanged unless expressly authorized by Pagani’s written consent.
    4. This limited license may be terminated by Pagani or You at any time with or without cause for the reasons set forth in this Agreement. Upon termination, You agree to immediately destroy all copies of the Materials, electronic or hard copy, in Your possession or control.

    VII. Permitted and Prohibited Uses of the Materials.

    1. During the term of a Subscription, You may:
      1. Access the secured portion of the Website;
      2. Download and store in electronic form a single copy of the Materials; and
      3. Print a single copy of the Materials for Your own personal or business reference.
    2. You may not:
      1. Copy (whether by printing off onto paper, storing on disk, downloading or in any other way), distribute (including distributing copies), broadcast, alter, or tamper with in any way or otherwise use any material contained in the Website except as otherwise set out in this Agreement. These restrictions apply to the whole or any part of the Materials hosted on the Website, along with the Website itself.
      2. Remove any copyright, trademark or other intellectual property notices contained in the original Materials from any Materials downloaded or printed from the Website.
      3. Link to or provide access to the secured portion of the Website to any other person or entity without Our express written consent, including as provided through separate contract.

    VIII. Intellectual Property

    1. The Website and the Materials are protected by copyright, trademark, and/or other intellectual property rights, including without limitation text, photographs and other images, diagrams, and videos.
    2. All copyrights or similar intellectual property rights are either owned by Pagani or have been licensed to it by the owner(s) of those rights in order for the Materials to be provided to You pursuant to a Subscription. All rights to that intellectual property are reserved to Pagani or the respective owner(s)
    3. The Website and Materials also contain trademarks registered in one or more countries. These include without limitation the mark “PAGANI” and the PAGANI emblem. All trademarks used on the Website or in Materials belong to Pagani or have been licensed to it by the owner(s) of those trademarks for use on this website.

    IX. Warranties and Disclaimers.

    1. Pagani is a subsidiary of Horacio Pagani S.p.A. The Website and other websites operated by Pagani may make references to “Pagani,” which implies the full company name, Pagani Automobili America, Inc.
    2. WHILE PAGANI TAKES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THE ACCURACY OF ALL INFORMATION PROVIDED ON THE WEBSITE OR IN THE MATERIALS ARE CORRECT AT THE TIME OF INCLUSION, THE WEBSITE AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PAGANI DOES NOT WARRANT THAT THE WEBSITE OR MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED BASIS OR ERROR FREE OR THAT ANY OR ALL ERRORS CAN OR WILL BE CORRECTED; NOR DOES PAGANI MAKE ANY WARRANTY AS TO ANY RESULTS YOU MAY OBTAIN FROM USE OF THE WEBSITE OR MATERIALS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. PAGANI CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION, AND EXPRESSLY DISCLAIMS ANY PURPORTED WARRANTY TO THAT EFFECT.
    3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PAGANI HEREBY DISCLAIMS ALL EXPRESS, IMPLIED, COLLATERAL, OR STATUTORY WARRANTIES, REPRESENTATIONS AND CONDITIONS, WHETHER WRITTEN OR ORAL, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, COMPATIBILITY, TITLE, NON-INFRINGEMENT, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
    4. WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, PAGANI EXPRESSLY DISCLAIMS ANY REPRESENTATION, CONDITION OR WARRANTY THAT ANY INFORMATION PROVIDED TO YOU IN CONNECTION WITH YOUR SUBSCRIPTION OR USE OF THE WEBSITE (OR ANY PART THEREOF) IS ACCURATE, OR CAN OR SHOULD BE RELIED UPON BY YOU FOR ANY PURPOSE WHATSOEVER

    X. Limitation of Liabilities

    1. The Parties expressly agree and acknowledge that the following provisions reflect a fair allocation of risk and form an essential basis of the bargain between the parties. As a result, they will survive and continue in full force and effect despite any failure of consideration or of an exclusive remedy:
      1. AMOUNT. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS AGREEMENT, PAGANI IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY RELATED TO YOUR USE OF THE WEBSITE OR MATERIALS, IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF PAGANI, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE), OR OTHERWISE, EXCEED THE GREATER OF (1) THE TOTAL OF ANY SUBSCRIPTION OR SIMILAR FEES WITH RESPECT TO ANY SERVICE OR FEATURE OF OR ON THE WEBSITE PAID IN THE SIX MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM AGAINST PAGANI (BUT NOT INCLUDING THE PURCHASE OF ANY PAGANI SOFTWARE PRODUCTS), OR (2) US $100.00. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THIS AGREEMENT WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT. IN NO EVENT WILL ANY OF PAGANI’S PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, SUCCESSORS, OR ASSIGNS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT OR YOUR USE OF THE WEBSITE OR MATERIALS.
      2. TYPE. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL PAGANI BE LIABLE TO YOU FOR ANY: (1) SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (2) LOST SAVINGS, PROFIT, DATA, USE, OR GOODWILL; (3) BUSINESS INTERRUPTION; (4) REPLACEMENT COSTS TO OBTAIN SUBSTITUTE MATERIALS; (5) PERSONAL INJURY OR DEATH, INCLUDING WITHOUT LIMITATION THAT RESULTING FROM YOUR USE OF THE WEBSITE OR MATERIALS; OR (6) PERSONAL OR PROPERTY DAMAGE ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT; REGARDLESS OF CAUSE OF ACTION OR THE THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT NOTIFIED IN ADVANCE OF THE POSSIBILITIES OF SUCH DAMAGES. PAGANI SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY AS THE RESULT OF PAGANI’S TERMINATION OR SUSPENSION OF YOUR ACCESS TO THE SITE AS A RESULT OF YOUR VIOLATION OF THIS AGREEMENT.
      3. Applicable Law Applies. Some jurisdictions do not permit limitation of liability, so the foregoing sections may not apply to You.
    2. The above disclaimer and limitation of liability applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

    XI. Use of Materials.

    1. It is not possible for Pagani to give a detailed evaluation of all danger situations for the persons carrying out work based on the information contained in the Materials. It is therefore imperative that all persons carrying out repair and maintenance work on PAGANI vehicles use their specialist knowledge to ensure that their own safety is not at risk and the procedure chosen will not have any negative effects on the vehicle - especially with regard to safety.
    2. All repairs must be executed only in accordance with the guidelines and regulations of the local authorities responsible with respect to health and accident prevention and environmental protection, and in compliance with the applicable legal requirements and regulations.
    3. Pagani reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes. Upon request, the user can apply for an extension to his subscription expiration date, equal to the period of “Downtime” in operation of the website, to be granted in Pagani’s sole discretion.

    XII. Indemnity.

    1. You agree to defend and indemnify Pagani and its parents, subsidiaries, affiliates, employees, officers, directors, agents, successors, or assigns from and against any claims, causes of action, demands, suits, proceedings, investigations, losses, damages, fines, penalties, fees, expenses, costs, and any other liabilities of any kind and nature including but not limited to reasonable attorney’s fees and costs of collection, whether brought by You or a third party, arising out of or related to:
      1. Your breach of this Agreement or the documents referenced herein;
      2. Your violation of any law, rule, regulation, or guideline;
      3. Your failure to follow any of the instructions or guidelines contained in the Materials;
      4. Your violation, infringement, or misappropriation of the rights of Pagani or a third party, including intellectual property rights;
      5. Your use of the Website and Materials; or
      6. Your negligence or willful or intentional misconduct.

    XIII. Changes.

    1. Terms and Conditions. Pagani may change the terms of this Agreement, Privacy Policy, and the disclaimer set forth above from time to time. By accessing the Website or continuing to use the Materials You agree that You are bound by the then-current terms of this Agreement, Privacy Policy, and the disclaimer. Pagani strongly recommends and advises You to check the Agreement, Privacy Policy, and disclaimer each time You access the Website or use the Materials.
    2. Operation of Website. Pagani may change the format and content of the Website at any time and for any reason. Similarly, Pagani may suspend the operation of the website for support or maintenance without warning in order to update the Materials or for any other reason. Pagani reserves the right to suspend or terminate access to the Website at any time and without notice.

    XIV. Term and Termination.

    1. Term. The term of this Agreement shall be the term specified by the length of the Subscription You purchase. Upon termination of the Subscription You purchase, You shall immediately destroy all copies of the Materials in Your possession, unless an exception, in writing, is given by Pagani in its sole discretion.
    2. Termination of Agreement. Either party may terminate this Agreement with or without cause at any time, for any reason. To the extent that You terminate this Agreement, You shall not be entitled to the return of any portion of the sum paid pursuant to a Subscription. To the extent this Agreement is terminated by Pagani, You may request a refund for a pro rata portion of the sum You paid for an in-effect Subscription, which may be granted in Pagani’s sole discretion.
    3. Termination of Access. You agree that Pagani may, in its sole discretion and without prior notice, terminate Your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by You (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
    4. Injunctive Relief in the event of Your Breach. You agree that Pagani may, in its sole discretion and without prior notice, terminate Your access to the Website and/or block Your future access to the Website if we determine that You have violated this Agreement or other agreements or guidelines which may be associated with Your use of the Website. You further agree that any violation by You of this Agreement constitutes an unlawful and unfair business practice, and will cause irreparable harm to Pagani, for which monetary damages would be inadequate, and You consent to Pagani obtaining any injunctive or equitable relief that Pagani deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Pagani may have at law or in equity.
    5. Retention of Information Post-Termination. Pagani will retain personal information pursuant to the provisions of its Privacy Policy after the termination of this Agreement. Pursuant to the limited license agreement set forth herein, upon termination of this Agreement, You shall immediately destroy all copies of the Materials in Your possession, unless an exception, in writing, is given by Pagani in its sole discretion.
    6. Survival. The following Sections of this agreement, together with any other provision of this Agreement which expressly or by its nature must survive termination or expiration in order to carry out the intent of the parties, or which contemplates performance or observance subsequent to the termination or expiration of this Agreement, will survive expiration or termination of this Agreement for any reason:

    XV. General Provisions.

    1. Feedback, Questions, and Complaints. If You have a question or complaint about the Website or Materials, please contact techinfo@pagani.com.
    2. Legal and Contractual Notices. Notices sent to either Party will be effective when delivered in person in person or by email, one day after delivery by overnight courier, or five days after being sent by first class mail postage prepaid to the official contact designated by the Party to whom the Notice is being given. Notices must be in writing and be sent:
      If to Pagani:
      Pagani Automobili America, Inc.
      4131 Laguna Street
      Coral Gables, FL 33146
      techinfo@pagani.com
      If to You:
      The current postal or email address on file with Your user account.
      Email delivery shall not be sufficient for the delivery of legal notices or service of process to Pagani under this Agreement. Pagani may change its contact information at any time by posting new contact information on the Website. You are solely responsible for keeping Your contact information up to date in Your user account, and notice shall not be deemed insufficient if delivered to the contact information specified in Your user account.
    3. Assignment. You may not assign or transfer Your obligations or rights under this Agreement without the express and prior consent of Pagani. Pagani may assign or transfer its obligations and rights under this Agreement without Your consent, as permitted by applicable law. This Agreement shall inure to the benefit of and be binding upon the Parties and their permitted successors and assignees.
    4. Amendment. Pagani may change the terms of this Agreement from time to time, and You may be required to agree to any such amendments upon the next time You log into Your user account on the Website. Any such amendment shall become effective upon Your agreement. This section does not apply to unilateral changes to the Privacy Policy, to the extent permitted by law.
    5. Governing Law. You agree that all matters relating to Your access to or use of the Website, including all disputes, will be governed by the laws of the United States and by the laws of the State of New Jersey without regard to its conflicts of laws provisions.
    6. Jurisdiction. You agree to the exercise of personal jurisdiction by and venue in the state and federal courts located in New Jersey and waive any objection to such jurisdiction or venue.
    7. Limitations Period. Any claim under this Agreement must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.
    8. Attorneys’ Fees. You agree that, if Pagani does take any legal action against You as a result of Your violation of this Agreement, Pagani will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Pagani. Any recovery related to any claim filed by You shall be limited as set forth in the Limitation of Liability herein, except that the prevailing party in any such dispute will be entitled to reasonable costs and attorneys’ fees.
    9. Dispute Resolution. In the event of any controversy or dispute between Pagani and You arising out of or in connection with Your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
    10. Construction. Except as otherwise provided in this Agreement, the Parties’ rights and remedies under this Agreement are cumulative. The terms “include” and “including” mean, respectively, “include without limitation” and “including without limitation.” The headings of sections of this Agreement are for reference purposes only and have no substantive effect. The terms “consent” or “discretion”, when used in respect of Pagani in this Agreement means the right of Pagani to withhold such consent or exercise such discretion, as applicable, arbitrarily and without any implied obligation to act reasonably or explain its decision to You.
    11. Force Majeure. Neither Party will be liable for delays or damages caused by any event or circumstances beyond the Party’s reasonable control, including acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving Pagani’s employees), Internet service failures or delays, or the unavailability or modification by third parties of telecommunications or hosting infrastructure or third-party websites.
    12. Severability. Any provision of this Agreement found by a tribunal or court of competent jurisdiction to be illegal or unenforceable will be severed from this Agreement or, to the extent possible, reformed to give effect to the intent of the Parties, and all other provisions of this Agreement will remain in full force and effect.
    13. Waiver. A waiver of any provision of this Agreement must be in writing and a waiver in one instance will not preclude enforcement of such provision on other occasions.
    14. Independent Contractors. Pagani’s relationship to You is that of an independent contractor, and neither Party is an agent or partner of the other. Neither Party will have and will not represent to any third party that it has, any authority to act on behalf of the other Party.
    15. Entire Agreement. This Agreement and any Purchase Form entered by the Parties constitutes the entire agreement between the Parties with respect to the subject matter of this Agreement and supersedes all prior or contemporaneous agreements, representations or other communications, whether written or oral.
    16. Void Where Prohibited. Although the Website is accessible worldwide, not all features, products or services discussed, referenced, provided, or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Pagani reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Website is void where prohibited. If You choose to access the Website from outside the United States, You do so on Your own initiative and You are solely responsible for complying with applicable local laws. Re-export of the Materials is prohibited and shall be undertaken at Your own risk.

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