TERMS OF USE

Last revised April, 2017.

 

These terms and conditions of use (“Terms of Use”) govern your use of the Harley-Davidson, Inc. (“Harley-Davidson”) website (the “Site”). Please also consult our Privacy Policy for a description of our privacy practices and policies, which are incorporated into these Terms of Use by this reference. Compliance with these Terms of Use is a condition to your use of the Site. If you do not agree to be bound by the Terms of Use, promptly exit this Site.

 

These Terms of Use provide that all disputes between you and Harley-Davidson will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Dispute Resolution; Arbitration Agreement for the details regarding your agreement to arbitrate any disputes with Harley-Davidson.

 

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.

 

Site Security

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

Certain limited access portions of the Site require a user ID and password (“Protected Areas”). You agree to access Protected Areas using only your user ID and password as provided to you by Harley-Davidson. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. Your access to the Site may be revoked by Harley-Davidson at any time with or without cause. You agree to defend, indemnify and hold harmless Harley-Davidson and its affiliates, and their respective officers, representatives, directors, employees, consultants or agents from and against any and all third party claims, losses, liabilities, damages and expenses (including without limitation reasonable attorneys fees) arising from or related to your use of any Content downloaded or otherwise obtained from the Site, or your breach of these Terms of Use, including without limitation, your infringement of any intellectual property or other right of Harley-Davidson or any other person or entity.

 

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.

 

Submissions, Reviews, Feedback and other Postings to the Site

If you submit, upload, post or transmit any information or files to our Site (“Submissions”), you agree not to (1) submit, upload, post or transmit anything that is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) submit, upload, post or transmit anything that violates the copyright or intellectual property rights of any person or entity, (3) submit, upload, post or transmit a virus or any other harmful component, or (4) contact other Site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. If you submit, upload, post or transmit any feedback or data, such as ideas, concepts, know-how, techniques, processes, comments, suggestions or questions regarding any Harley-Davidson product, service or the Content of this Site (“Feedback”), such information shall be deemed to be non-confidential, and Harley-Davidson and its affiliates shall have no obligation of any kind with respect to such information. By submitting, uploading, posting or transmitting Submissions or Feedback you are granting Harley-Davidson and its affiliates the irrevocable, perpetual, fully paid up, royalty-free license and right to use, reproduce, disclose and distribute Submissions and Feedback for any purpose whatsoever, including without limitation developing, marketing and manufacturing products, services and Content incorporating such Submissions and Feedback. You are responsible for making sure all Submissions that you originate or require are properly backed up so you have ready access thereto in the event of loss, corruption or interruption. You agree to defend, indemnify and hold harmless Harley-Davidson and its affiliates, and their respective officers, directors, employees, consultants and agents harmless from and against any and all third party claims, losses, liabilities, damages and expenses (including without limitation reasonable attorneys fees) arising out of or relating to any Submissions you post or allow to be posted to the Site.

 

Harley-Davidson does not regularly review posted Submissions or Feedback, but does reserve the right (but not the obligation) to monitor and edit or remove any Submissions or Feedback submitted to the Site. You grant Harley-Davidson and its affiliates the right to use the name that you submit in connection with any Submissions or Feedback. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Submissions or Feedback you submit. Harley-Davidson and its affiliates take no responsibility and assume no liability for any Submissions or Feedback submitted by you or any third party.

 

Accuracy and Integrity of Information; Colors

Although Harley-Davidson attempts to ensure the integrity and accurateness of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Harley-Davidson so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, Harley-Davidson and its affiliates shall have no responsibility or liability for information or Content posted to the Site from any non-Harley-Davidson affiliated third party. We have made significant efforts to accurately display the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate. This Site may be accessed by users internationally and may contain references or cross references to Harley-Davidson products, programs and services that are not available or are prohibited in your country. Such references do not imply that Harley-Davidson intends to make available in your country such products, programs or services or that such products may lawfully be used in your country. Harley-Davidson reserves the right without prior notice to discontinue models, parts and accessories, and other items or change specifications at any time without incurring any obligations. The vehicles, parts and accessories and other items pictured on this site and those built to the specifications listed herein are for sale in the U.S. only.

 

VEHICLE AND ACCESSORY SPECIFICATIONS MAY VARY FROM COUNTRY TO COUNTRY DEPENDING ON LOCAL LAWS, AND SOME MODELS AND ACCESSORIES ARE NOT AVAILABLE IN CERTAIN COUNTRIES. PLEASE NOTE THAT MANY COUNTRIES PROHIBIT THE IMPORTATION, REGISTRATION AND/OR USE OF VEHICLES AND ACCESSORIES NOT BUILT TO THEIR COUNTRY’S SPECIFICATIONS. YOU MUST CHECK WITH YOUR LOCAL AUTHORIZED HARLEY-DAVIDSON DEALER FOR DETAILS ON THE APPLICATION OF ANY PARTS, ACCESSORIES OR MODELS LISTED OR DISPLAYED IN THIS WEB SITE.

 

Typographical Errors and Incorrect Pricing

In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product / service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit or debit card account in the amount of the incorrect price.

 

Order Acceptance

Please note that certain orders constitute improper use of Harley-Davidson and its services. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped (except for orders, including pre-orders, paid for with a Harley-Davidson Gift Card which are charged at the time you place your order, not when your order is shipped). Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.

 

Online Payments

You can purchase products and/or services on the Site. We accept the following credit cards issued by U.S. banks: MasterCard®, Visa®, Discover®, and the Harley-Davidson® Visa® Card, issued by U.S. Bank National Association ND. If a credit card account is being used for a transaction, Harley Davidson may obtain pre-approval for an amount up to the amount of the payment. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information.

 

You represent and warrant that if you are making online payments that (i) any credit card information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit card company, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.

 

Sales Tax

If your order includes taxable items, the shipping charge (if any) will only apply to the taxable items and may be subject to tax depending upon the state laws of the ship to location.

 

No sales tax is charged when buying gift cards. The appropriate sales tax will be charged on the purchase when the gift card is used.

 

Quantity Limits and Dealer Sales

Harley-Davidson reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. Please note that certain orders constitute improper use of Harley-Davidson and its services. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. Harley-Davidson also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms of Use, reselling shall be defined as purchasing or intending to purchase any product(s) from Harley-Davidson for the purpose of engaging in a commercial sale of that same product(s) with a third party.

 

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.

 

Revisions; General

Harley-Davidson reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use and the Privacy Policy constitute the entire agreement between Harley-Davidson and you pertaining to the subject matter hereof. In its sole discretion, Harley-Davidson may from time-to-time revise these Terms of Use and its Privacy Policy by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use and Privacy Policy, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Use and the Privacy Policy may be superseded by expressly designated legal notices or terms located on particular pages within this Site.

 

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 any dispute, claim or controversy arising out of or relating in any way to your use of the Site, including products and services ordered or purchased through the Site, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Harley-Davidson are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and Harley-Davidson.

 

If you desire to assert a claim against Harley-Davidson, and you therefore elect to seek arbitration, you must first send to Harley-Davidson, by certified mail, a written Notice of your claim ("Notice"). The Notice to Harley-Davidson should be addressed to: General Counsel, Harley-Davidson, Inc., 3700 W. Juneau Ave., Milwaukee, WI 53208 ("Notice Address"). If Harley-Davidson desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Harley-Davidson, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Harley-Davidson and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Harley-Davidson may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Harley-Davidson or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after Harley-Davidson receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $10,000. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Use, including this arbitration agreement. Unless Harley-Davidson and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Harley-Davidson’s last written settlement offer made before an arbitrator was selected (or if Harley-Davidson did not make a settlement offer before an arbitrator was selected), then Harley-Davidson will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.

 

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.

 

If this specific provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts in Milwaukee, Wisconsin.

 

© 2001 - 2017  H-D.  All rights reserved.

H-D™ Connect Terms of Use

Last revised May 2019. 

These terms and conditions of use ("Terms of Use") govern your use and receipt of the H-D™ Connect Services. Please also consult: (i) our Privacy Policy which describes how we will use the personal data that we collect and process in the course of providing the H-D™ Connect Services, and (ii) our H-D™ Mobile App Terms of Use which govern your use of the H-D™ mobile application, capable of being downloaded at https://h-d.com/app ("H-D™ Mobile App").

Compliance with these Terms of Use and the H-D™ Mobile App Terms of Use is a condition of your use and receipt of the H-D™ Connect Services. If you do not agree to be bound by these Terms of Use and the H-D™ Mobile App Terms of Use, please do not subscribe to the H-D™ Connect Services.

Who We Are and How to Contact Us

In these Terms of Use, "we", "our", "us", or "Harley-Davidson" refers to the relevant provider of the H-D™ Connect Services in your jurisdiction as follows:

  • if you are a user located in the United States: Harley-Davidson Motor Company, 3700 W Juneau Ave, Milwaukee, WI 53208;
  • if you are a user located in Canada: Harley-Davidson Motor Company, 100 New Park Place, Suite 330, Vaughan, Ontario, Canada L4K 0H9;
  • if you are a user located in the European Economic Area or Switzerland: Harley-Davidson Retail B.V., 29 Verrijn Stuartlaan, Rijswijk, 2288 EK, Netherlands; and
  • if you are a user located in any other jurisdiction: Harley-Davidson Motor Company, 3700 W Juneau Ave, Milwaukee, WI 53208.

To contact us, please refer to our Contact Us page at https://www.harley-davidson.com/contact. Unless you tell us otherwise, we will send notices to you at the contact details you provide when you subscribe to the H-D™ Connect Services.

Subsription and Payment

In order to subscribe to the H-D™ Connect Services, you must create an H-D™ Connect Service account through our website, https://www.harley-davidson.com (the "Site") and download the H-D™ Mobile App.

You must enter billing and payment information as part of the H-D™ Connect registration process. If you require any help or assistance in setting up and registering your account, please refer to the FAQ pages at https://www.h-d.com/connect, or refer to our Contact Us page at https://www.harley-davidson.com/contact.

Where you are eligible for an initial trial at no additional cost, your payments for the H-D™ Connect Services will not begin until your initial trial period has expired. A trial period at no additional cost can only be applied to each unique vehicle identification number once. This means that where a vehicle is resold and the previous owner has used the initial trial period, this will not be available again.

After your initial trial period, your subscription to the H-D™ Connect Services will be subject to an annual subscription fee. The amounts of such annual subscription fee and any applicable sales taxes or VAT shall be indicated on the order page when you subscribe and accept these Terms of Use. You must provide a payment method upon sign-up. Where you select recurring payments, the subscription fee will be charged via the provided payment method automatically in advance on a yearly basis. If you do not select recurring payments, your subscription will expire at the end of its annual subscription period, and if you wish to continue your H-D™ Connect subscription, you will need to purchase a new subscription using a valid payment method.

We may change our subscription model and fees from time to time. However, such changes shall only apply to subsequent subscription periods following notice of the changes to you. For the H-D™ Connect Services subscription fee, we accept the payment methods identified on the Site. If a credit card account is being used for a transaction, Harley-Davidson may obtain pre-approval for an amount up to the amount of the payment. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information.

You represent and warrant that if you are making online payments that (i) any credit card information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit card company, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.

For your convenience, you will not be charged until your payment method is authorized, the registration information is verified for accuracy and your registration is complete. Some situations that may result in your registration being canceled include errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any registration as detailed on our Site. If your registration fails at the point of registration on the Site, an error message will be displayed. If your registration is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.

We reserve the right, at our sole discretion, to refuse any subscription for the H-D™ Connect Services for any valid reason. We will notify you of the reason for such refusal.

Cancellation and Suspension

You may cancel your use of H-D™ Connect Services at any time by visiting the "Manage Subscription" area of your H-D™ Connect Service account on https://www.harley-davidson.com. Upon cancellation, we will issue you with a pro-rated refund of your paid subscription fees based on the time remaining in your current subscription period.

We may cancel or suspend your subscription and/or access to the H-D™ Connect Service for any valid reason, including but not limited to: (a) your violation of these Terms of Use or any other terms, policies or guidelines referred to herein; (b) your failure to pay any fees owed by you in relation to the H-D™ Connect Service; (c) reasons of commercial viability; (d) unexpected technical issues or problems with the H-D™ Connect Service; (e) security threats and concerns; (f) your failure to update software required for the H-D™ Connect Service; (g) your suspected participation in fraudulent or illegal activities; (h) the repossession, sale or other suspected transfer of the vehicle; (i) your relocation outside of the H-D™ Connect Service geographic coverage area; or (j) anomalies in respect of your H-D™ Connect subscription. Where we exercise this right, we will endeavor to provide you with prior reasonable notice.

Services

The H-D™ Connect Services consist of the following features, as further detailed below:

  • Firmware Over the Air Software Updates;
  • Location Data services, including Stolen Vehicle Tracking;
  • User Preferences;
  • Vehicle Health Data; and
  • Customer Support

Firmware over the Air Service

The H-D™ Connect Services rely on the use of software that is installed on your vehicle. The software is licensed, not sold to you, and may need to be updated or changed from time to time. You agree that we may deliver software updates or changes to your vehicle where necessary. These updates may be feature updates or updates required for security or safety purposes. For all updates you will receive a notification that you have a set amount of time to initiate the install of the update. If you do not complete the update within that time, the H-D™ Connect Services may be temporarily disabled and you will not receive any H-D™ Connect Services data via the H-D™ Mobile App until the required update is complete. If we determine that the update is a critical update, we will automatically install the update after the engine has been idle for a prescribed period of time.

Please note that a software update or change could impact data stored on the H-D™ Connect Services. Please be aware that during a software update, your vehicle will be immobilized temporarily until the software update is complete.

Please contact us immediately if you notice any problems with the H-D™ Connect Services following a software update.

Location Data

In order to provide you with the H-D™ Connect Services, our systems will collect and use your vehicle location as further detailed in our Privacy Policy. If at any time you wish to withdraw consent to the collection of your vehicle location data for the H-D™ Connect Services in accordance with your applicable rights under the Privacy Policy, you can turn this function off by cancelling your H-D™ Connect Subscription. Cancellation of your H-D™ Connect subscription will result in all H-D™ Connect services, including any location data services, being unavailable.

Stolen Vehicle Tracking Services

A key feature of the H-D™ Connect Service which relies on location data is the "Stolen Vehicle Tracking" service. In order to activate the Stolen Vehicle Tracking service, you should place your vehicle in "Stolen Vehicle" mode through the H-D™ Mobile App. Please refer to the FAQ pages at https://www.h-d.com/connect for further details.

In the event that your vehicle is placed into Stolen Vehicle mode, our systems will attempt to collect the location of your vehicle more frequently. Do not subscribe to H-D™ Connect if you do not want to have your location collected in this manner.

You acknowledge that the Stolen Vehicle Tracking service may not be able to accurately track the location of your vehicle in all scenarios, please see the Service Limitations below. In addition, the Stolen Vehicle Tracking service is solely intended to provide assistance in notifying you of the potential theft of your vehicle and to potentially assist in vehicle recovery. The H-D™ Connect Service does not prevent vehicle or vehicle content theft or protect against damage or loss. We are not responsible for any losses or other harm you may incur in connection with vehicle theft and advise that you contact law enforcement authorities in respect of any theft of your vehicle.

Bike Settings

Within the "Bike Settings" section of the H-D™ Mobile App you will be able to control the types of notifications you receive and the methods for receiving those notifications. This ability will include the right to: (i) "Bike Sharing" - view and edit details about your vehicle (including VIN), (ii) "Motorcycle Alerts" - view and edit your preferences for applicable sections of vehicle health; (iii)"Security Notifications" - select notification preferences for settings related to vehicle security and (iv) "Account Sharing" - permit you to allow another user with an H-D™ Unified Profile to view your vehicle details when they log into their H-D™ Mobile App using their H-D™ Unified Profile.

Vehicle Health Data

The vehicle health check data we provide is limited to specific information that can be obtained remotely from the vehicle. The type of statistics and data points will differ depending on whether the vehicle is an Electric Vehicle (EV), or Internal Combustion Engine (ICE) vehicle and could include data such as odometer, fuel range, battery status, tire pressure, ride mode, charging status, and maintenance schedule. You can manage and set notification alerts in respect of these data points.

In addition, note that you will need to update the "Maintenance Schedule" manually following a service.

Lastly, you acknowledge that vehicle health check data is limited, it provides a snapshot of specific vehicle information at a specific moment in time. The vehicle health check feature is not a replacement for nor should it supplement regularly scheduled or intermittent vehicle maintenance. Please consult your dealer for vehicle maintenance issues. We do not promise to detect all vehicle conditions. In particular, the H-D™ Connect Services may be hampered if your vehicle is not in good working order, has been damaged or modified, or by impediments such as hills, tall buildings, tunnels, weather, damage to your vehicle, wireless or electrical network failure, congestion or jamming. We and the network and system operators do not promise uninterrupted availability of the H-D™ Connect Services.

Customer Support, Questions or Complaints

We shall endeavor to provide the H-D™ Connect Services with reasonable skill and care. However, should you identify any problems with the H-D™ Connect Services or have any issues, questions or complaints about the H-D™ Connect Services, please refer to the FAQ pages at https://www.h-d.com/connect, or refer to our Contact Us page at https://www.harley-davidson.com/contact.

Service Limitations

  • Coverage: The H-D™ Connect Services are provided in a number of countries internationally. Click here for a current list of countries in which the H-D™ Connect Services are available.
  • Mobile Network: The H-D™ Connect Services rely on wireless communication networks and satellite positioning systems. These networks and systems are operated by third parties. Harley-Davidson cannot guarantee that they will be available in all locations and at all times. In particular, service may be interrupted in remote or enclosed areas. Also, such networks and systems are subject to technological change and development. The system installed in your vehicle may not always be or remain compatible with the third party networks and systems. You acknowledge that in order to access the H-D™ Connect Services via the H-D™ Mobile App, the device on which the H-D™ Mobile App is installed will require network connectivity and that you are responsible for procuring such network connectivity at your own cost.
  • Electrical System: You note that your vehicle must have a working electrical system, including adequate battery power to operate the Telematics Control Unit (TCU), for the H-D™ Connect Services to operate.
  • Maintenance Downtime: Although we will seek to minimize disruptions, we may be required from time to time to suspend or limit your access to, or use or, the H-D™ Connect Services to address system problems, issues with your account, or other issues that may impact the performance, enjoyment, or security of the H-D™ Connect Services.

Changing Your Vehicle

You must let us know when you sell or transfer your vehicle so we can discontinue your H-D™ Connect Services for that vehicle and so we can cease charging you for those services. You are responsible for payments after you have transferred your vehicle if you have not informed us of its sale. You acknowledge that tracking secondary purchasers or third party users of the vehicle may be prohibited by law.

Other Users

These Terms of Use apply to all users of your vehicle. You are responsible and liable for all activities of users of your vehicle, including access to or use of the H-D™ Connect Services.

Ownership of H-D™ Connect Services

All material made available as part of the H-D™ Connect Services is the property of Harley-Davidson or any of its group companies. The H-D™ Connect Services are protected by United States and international copyright, author's right, trademark and other intellectual property laws or equivalent laws anywhere in the world. The H-D™ Connect Services, including without limitation any files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through to the H-D™ Connect Services ("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 group companies, or in connection with a business relationship with Harley-Davidson or any of its group companies. 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 group companies without our express written consent. You may view, copy, print and use Content solely for your own personal use and provided that: (1) the Content is used for informational and non-commercial purposes only; (2) no Content is modified in any way; and (3) Content is used, copied or distributed separate from accompanying text or separate from any copyright, author's right, trademark or other proprietary notice. Nothing contained in these Terms of Use shall be construed as conferring by implication, estoppel or otherwise any license or other grant of right to use any patent, copyright, author's right, trademark or other intellectual property or proprietary rights of Harley-Davidson or any of its group companies or any third party, except as expressly provided herein.

Claims of Copyright Infringement

If you are a copyright owner or an agent thereof based in the United States and believe that any user submission or other content that is provided via the H-D™ Connect Services infringes upon your copyrights under United States law, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA"). For further information, please refer to our Policy for User Submitted Content available here: https://www.harley-davidson.com/usercontent ("H-D™ User Content Policy").

Security

You are prohibited from violating or attempting to violate the security of the H-D™ Connect Services, 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 H-D™ Connect Services, carrying out a Denial-of-Service attack, 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 the H-D™ Connect Services.

Access to the H-D™ Connect Services may be monitored as detailed in our Privacy Notice.

The H-D™ Connect Services may be unavailable from time to time due to mechanical, telecommunication, software, hardware and third-party vendor failures. Although Harley-Davidson will use reasonable efforts to minimize disruptions, Harley-Davidson cannot control when such downtime may occur and cannot control the duration of such downtime.

Password Protection

Access to the H-D™ Connect Services requires a user ID and password. You agree to access the H-D™ Connect Services using only your user ID and password as provided to you by Harley-Davidson. You agree to take reasonable steps to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party.

Third Party Links

The H-D™ Connect Services may contain links to web sites of Harley-Davidson dealers. Harley-Davidson dealers are independent businesses 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 third party sites that can be accessed from the H-D™ Connect Services. 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, or operation of 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.

Third Party Copyrights and Trademarks

The H-D™ Connect Services may include references to third-party trademarks, and copies of third-party materials that are subject to copyright or author's rights, 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.

Submissions, Reviews, Feedback and Other Postings

If you submit, upload, post or transmit any information or files via the H-D™ Connect Services ("Submissions"), you agree to comply with the H-D™ User Content Policy and you agree not to (1) submit, upload, post or transmit anything that is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) submit, upload, post or transmit anything that violates the copyright, author's rights or other intellectual property or proprietary rights of any person or entity, (3) submit, upload, post or transmit a virus or any other harmful component, or (4) contact other H-D™ Connect Services users or other individuals through unsolicited e-mail, telephone calls, mailings or any other method of communication. If you submit, upload, post or transmit any feedback or data, such as ideas, concepts, know-how, techniques, processes, comments, suggestions or questions regarding the H-D™ Connect Services, any Harley-Davidson product, service or the Content ("Feedback"), such information shall be deemed to be non-confidential, and Harley-Davidson and its group companies shall have no obligation to keep such Feedback confidential subject to our obligations under our Privacy Notice. By submitting, uploading, posting or transmitting Submissions or Feedback you are granting Harley-Davidson and its group companies the irrevocable, perpetual, fully paid up, royalty-free license and right to use, reproduce, disclose and distribute Submissions and Feedback for its business purposes, including without limitation developing, marketing and manufacturing products, services and Content incorporating such Submissions and Feedback, subject to our obligations under our Privacy Notice. If you want to ensure the continued availability of any Submissions, please take steps to back up such Submissions as we cannot guarantee that Submissions will continue to be available.

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Harley-Davidson and its group companies, and their respective officers, directors, employees, consultants and agents harmless from and against any and all third party claims, losses, liabilities, damages and expenses (including without limitation reasonable attorneys fees) arising out of or relating to any Submissions you post or allow to be posted via the H-D™ Connect Services.

Harley-Davidson does not regularly review posted Submissions or Feedback, but does reserve the right (but not the obligation) to monitor and edit or remove any Submissions or Feedback submitted via the H-D™ Connect Services where such Submissions or Feedback breach the H-D™ User Content Policy or for any other valid reason. You grant Harley-Davidson and its group companies the right to use the name that you submit in connection with any Submissions or Feedback, subject to our obligations under our Privacy Notice. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Submissions or Feedback you submit. Subject to our obligations under these Terms of Use and applicable law, Harley-Davidson and its group companies take no responsibility and assume no liability for any Submissions or Feedback submitted by you or any third party.

Accuracy and Integrity of Information

We will use reasonable skill and care to ensure the integrity and accurateness of the H-D™ Connect Services. However, despite our reasonable efforts, it is possible that the H-D™ Connect Services could include inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the H-D™ Connect Services by third parties. In the event that an inaccuracy arises, please inform Harley-Davidson so that it can be corrected. If we make changes to the H-D™ Connect Services that materially alter your enjoyment of the H-D™ Connect Services, we will notify you via our website, app or email. Other information contained on the H-D™ Connect Services may be changed or updated from time to time without notice. Additionally, to the extent permitted by law, although we use reasonable efforts to provide appropriate information and Content on our website and App, Harley-Davidson and its group companies shall have no responsibility or liability for information or Content accessed via the H-D™ Connect Services that are posted from any non-Harley-Davidson affiliated third party.

Disclaimer of Warranties

We will use reasonable skill and care in providing the H-D™ Connect Services, but we cannot guarantee that the H-D™ Connect Services will meet your requirements, achieve any intended results, operate without interruption, or be error free.

To the extent permitted by applicable law and unless otherwise expressly specified in these Terms of Use, Harley-Davidson disclaims all warranties, express or implied, including without limitation the warranties for satisfactory quality, merchantability, fitness for a particular purpose, and non infringement with respect to the H-D™ Connect Services.

Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Harley-Davidson and its group companies, and their respective officers, representatives, directors, employees, consultants or agents from and against any and all third party claims, losses, liabilities, damages and expenses (including without limitation reasonable legal fees) arising from or related to the H-D™ Connect Services, or your breach of these Terms of Use, including without limitation, your infringement of any intellectual property or other right of Harley-Davidson or any other person or entity.

Limitation of Liability

To the extent permitted by applicable law, Harley-Davidson will not be responsible nor liable for any direct damages that exceed the charges you have paid for the H-D™ Connect Services in the prior 12 months or $150, whichever is the greater and shall not be responsible for any, 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 H-D™ Connect Services, whether based on warranty, contract, tort, or any other legal theory and whether or not advised of the possibility of such damages. To the extent permitted by applicable law, your sole remedy for dissatisfaction with the H-D™ Connect Services is to stop using the H-D™ Connect Services. Where required under applicable local law, the above does not exclude or limit our liability for death, personal injury or fraudulent misrepresentation caused by our negligence or any other loss where the law does not permit us to do so.

Revisions; General

In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use, the Mobile App Terms of Use and the Privacy Policy constitute the entire agreement between Harley-Davidson and you pertaining to the H-D™ Connect Services. In its sole discretion, Harley-Davidson may from time-to-time revise these Terms of Use, the Mobile App Terms of Use and the Privacy Policy. Where we issue a revised Terms of Use, Mobile App Terms of Use or Privacy Policy we will post such revised documents on the Site.

Dispute Resolution; Arbitration

We will work in good faith to resolve any issue that you have with the H-D™ Connect Services 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.

This Agreement is governed by and construed in accordance with the internal laws of the State of Wisconsin without giving effect to any choice or conflict of law provision or rule.

You and Harley-Davidson agree that, unless prohibited by law, any dispute, claim or controversy arising out of or relating in any way to your use of the H-D™ Connect Services, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Harley-Davidson are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and Harley-Davidson.

If you desire to assert a claim against Harley-Davidson, and you therefore elect to seek arbitration, you must first send to Harley-Davidson, by certified mail, a written Notice of your claim ("Notice"). The Notice to Harley-Davidson should be addressed to: General Counsel, Harley-Davidson, Inc., 3700 W. Juneau Ave., Milwaukee, WI 53208 ("Notice Address"). If Harley-Davidson desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Harley-Davidson, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Harley-Davidson and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Harley-Davidson may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Harley-Davidson or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after Harley-Davidson receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $10,000. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Use, including this arbitration agreement. Unless Harley-Davidson and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Harley-Davidson's last written settlement offer made before an arbitrator was selected (or if Harley-Davidson did not make a settlement offer before an arbitrator was selected), then Harley-Davidson will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for payment or recovery attorneys' fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.

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.

If this specific provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts in Milwaukee, Wisconsin.

If you are a consumer outside the United States this will not deprive you of any protection you have under the law of the jurisdiction where you live including where such law requires you to have access to local courts in that jurisdiction.