Last revised April, 2013.
Ownership Of The Site and Content
All pages within this Site and any material made available for download, unless otherwise noted, are the property of Harley-Davidson or any of its affiliates. © 2013 H-D. All Rights Reserved. The Site is protected by United States and international copyright and trademark laws. The Content of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved by Harley-Davidson in writing, including for the provision of services or products to Harley-Davidson or any of its affiliates, or in connection with a business relationship with Harley-Davidson or any of its affiliates. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, Content or other proprietary information (including; images, text, page layout, or form) of Harley-Davidson or one of its affiliates without our express written consent. You may view, copy, print and use Content contained on this Site solely for your own personal use and provided that: (1) the Content available from this Site is used for informational and non-commercial purposes only; (2) no text, graphics or other content available from this Site is modified in any way; and (3) no graphics available from this Site are used, copied or distributed separate from accompanying text or separate from any copyright, trademark or other proprietary notice. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or other grant of right to use any patent, copyright, trademark or other intellectual property of Harley-Davidson or any of its affiliates or any third party, except as expressly provided herein.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Harley-Davidson will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Harley-Davidson on this Site and other than generally available third party web browsers (e.g., Microsoft Explorer, Apple Safari, Mozilla Firefox, or Google Chrome).
Access to this Site is monitored. The requesting URLs, the machine originating the request, and the time of the request are logged for access statistics and security purposes. Use of this Site constitutes consent to such monitoring. This Site may be unavailable from time to time due to mechanical, telecommunication, software, hardware and third-party vendor failures. Harley-Davidson cannot predict or control when such downtime may occur and cannot control the duration of such downtime.
Access to Site; Indemnification
Links to Other Sites
THIS WEB SITE MAY CONTAIN LINKS TO OR BE ACCESSED THROUGH LINKS ON WORLD WIDE WEB SITES OF HARLEY-DAVIDSON DEALERS. HARLEY-DAVIDSON DEALERS ARE INDEPENDENT CONTRACTORS AND ARE NOT AGENTS OF HARLEY-DAVIDSON. HARLEY-DAVIDSON DOES NOT HAVE RESPONSIBILITY FOR THE CONTENT, AVAILABILITY, OPERATION OR PERFORMANCE OF WEB SITES OF HARLEY-DAVIDSON DEALERS, OR ANY OTHER SITES, TO WHICH THIS WEB SITE MAY BE LINKED OR FROM WHICH THIS WEB SITE MAY BE ACCESSED. WHEN YOU ACCESS A NON-HARLEY-DAVIDSON SITE, PLEASE UNDERSTAND THAT IT IS INDEPENDENT FROM HARLEY-DAVIDSON, AND THAT HARLEY-DAVIDSON HAS NO CONTROL OVER THE CONTENT ON THAT WEBSITE. IN ADDITION, A LINK TO A NON-HARLEY-DAVIDSON WEBSITE DOES NOT MEAN THAT HARLEY-DAVIDSON ENDORSES OR ACCEPTS ANY RESPONSIBILITY FOR THE CONTENT, OR THE USE, OF THE LINKED SITE. IT IS UP TO YOU TO TAKE PRECAUTIONS TO ENSURE THAT WHATEVER YOU SELECT FOR YOUR USE OR DOWNLOAD IS FREE OF SUCH ITEMS AS VIRUSES, WORMS, TROJAN HORSES, AND OTHER ITEMS OF A DESTRUCTIVE NATURE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY SITES LINKED TO THIS SITE, YOU DO THIS ENTIRELY AT YOUR OWN RISK.
Third Party Copyrights and Trademarks
The Site may include references to third-party trademarks, and copies of third-party copyrighted materials, which are the property of their respective owners. Reference to any product, process, publication, service, or offering of any third party by trade name, trademark, manufacturer or otherwise does not necessarily constitute or imply the endorsement or recommendation of such by Harley-Davidson.
Claims of Copyright Infringement
If you are a copyright owner or an agent thereof and believe that any user submission or other content on the Harley-Davidson websites infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA"). See the Harley-Davidson, Inc. Policy for User Submitted Content.
Disclaimer of Warranties
HARLEY-DAVIDSON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THIS SITE AND INFORMATION, GRAPHICS AND MATERIALS CONTAINED HEREIN.
HARLEY-DAVIDSON DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. HARLEY-DAVIDSON SPECIFICALLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION OBTAINED THROUGH THE SITE. HARLEY-DAVIDSON DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED SITES. HARLEY-DAVIDSON DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY. YOU AGREE THAT HARLEY-DAVIDSON SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING DIRECTLY OF INDIRECTLY FROM ANY SUCH CODE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND OF THE INTERNET.
Limitation of Liability Regarding Use of Site
HARLEY-DAVIDSON AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED SITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
Dispute Resolution; Arbitration Agreement.
We will work in good faith to resolve any issue you have with the Site, including products and services ordered or purchased through the Site, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.
YOU AND HARLEY-DAVIDSON AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Harley-Davidson agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
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