1. The Harley-Davidson Membership Program.  The Membership Program (the “H-D Membership Program”) is a customer membership program sponsored by Harley-Davidson Motor Company (the “Company”) that offers multiple benefits and rewards (“Benefits”) to its members.  The Membership Program will start on June 13, 2023 and will continue until terminated by the Company pursuant to these Terms and Conditions.  Benefits of the H-D Membership Program will be rolled out over time and the detailed explanation of Benefits referred to in Section 4 of these Terms and Conditions will become available as relevant parts of the H-D Membership Program are launched.

2. Eligibility.  Participation in the Membership Program is available to certain participants (“Members”) who are (i) 18 years of age or older (or age of majority in their state) as of the date of entry and (ii) legal residents of, and physically located within, the 50 United States or the District of Columbia (the “Territory”).  The H-D Membership Program is offered at the discretion of the Company and participation in the H-D Membership Program is subject to these Terms and Conditions.  By participating in the H-D Membership Program, each Member represents and warrants that (i) Member has read, understands and unconditionally accepts these Terms and Conditions, as they may be amended from time to time without notice to the Member and (ii) the Member meets each of the eligibility requirements set forth in these Terms and Conditions.

3. Enrollment. To enroll in the H-D Membership Program, each Member must register on the Company’s website at harley-davidson.com (the “Website”) or on the Company’s membership app (the “H-D App”) and set up an account (the “Account”).  The H-D Membership Program offers one membership tier that is free to everyone and provides the Member the ability to purchase optional paid membership Benefit packages (Rider Pass, Access Pass, Harley Owners Group, and Harley Owners Group Passenger) for a fee (the “Benefit Packages”) as set forth on the Website and the H-D App. Members can change their Benefit Packages as set forth on the Website and the H-D App. . Each Member is responsible for the accuracy of the registration data provided to the Company.  For the protection and security of a Member’s Account, login information and password should not be shared with third parties.  Each Member is responsible for maintaining the confidentiality of the Member’s password and Account and is solely and fully responsible for all activities (whether conducted by the Member or by others) that occur using the Member’s password or Account.  Each Member agrees to notify the Company immediately of any unauthorized use of a password or Account or of any other breach of security.  The Company is not liable for any loss or damage arising from a Member’s failure to protect a Member’s password or Account information or failure to notify the Company of any other security breach.  Memberships are not transferable or redeemable for cash or credit.  A Member may terminate participation in a paid Benefits Package and/or in the H-D Membership Program at any time.  Should a Member terminate participation in a Benefit Package or the H-D Membership Program, the Member will lose all rights to accrued Benefits.  By enrolling in the H-D Membership Program, Members will automatically consent to receiving marketing communications (“Marketing Communications”) from the Company via mail, email or text.  Members will have the option to opt out of receiving Marketing Communications, however, they still will receive, and consent to receiving, communications from the Company regarding the H-D Membership Program or relating to product purchases by them.

4. Benefits.  Members receive certain Benefits by being a Member, including, but not limited to, the following:  (i) exclusive access to the Harley-Davidson community and Harley-Davidson content; (ii) the right to participate in the Harley-Davidson Loyalty Program described in Section 5 below; (iii) early access to selected Harley-Davidson products from the on-line Harley-Davidson store and participating dealerships; (iv) access to exclusive events and experiences; (v) enhanced riding experiences; (vi) extended partner benefits (vii) and other Benefits offered by the Company. The types of Benefits offered by H-D Membership vary depending on the membership and Benefit Package a Member elects to join and/or purchase. A description of the Benefits and the H-D Membership Program can be found on harley-davidson.com and the H-D App.  The types of Benefits offered by the H-D Membership Program are subject to change at any time.

5. The Loyalty Program.

(a) Description.  The Loyalty Program (the “Loyalty Program”) is a Member loyalty program sponsored by the Company that will allow Members to earn points (the “Points”) which can be redeemed for credits on future purchases of certain Harley-Davidson products (“H-D Products”) and non-warranty Harley-Davidson services (“H-D Services”) from participating Harley-Davidson dealers and from the on-line Harley-Davidson store.  Participation in the Loyalty Program is subject to these Terms and Conditions.  The Loyalty Program is separate and distinct from any promotional or loyalty program offered by a Harley-Davidson dealer.  

(b) Enrollment.  Each Member is enrolled automatically in the Loyalty Program when he or she enrolls as a Member in the H-D Membership Program and sets up his or her Account.

(c) Points.  Members can earn Points by (i) purchasing qualifying H-D Products and H-D Services (“Qualifying H-D Products and Services”) only from participating Harley-Davidson dealers (which are listed on the H-D App) or the e-commerce site on harley-davidson.com, and (ii) engaging in certain Harley-Davidson-related activities and actions (“H-D Engagement Activities”). Qualifying H-D Products and Services include (i) Harley-Davidson apparel and licensing product purchases at the e-commerce site on harley-davidson.com and at participating Harley-Davidson dealers, (ii) Harley-Davidson parts and accessories purchases at the e-commerce site on harley-davidson.com and at participating Harley-Davidson dealers, and (iii) non-warranty service transactions at participating Harley-Davidson dealers.  H-D Engagement Activities are various Harley-Davidson activities and actions a Member participates in or takes. Points will not be earned on purchases of H-D Products or H-D Services that are not Qualifying H-D Products and Services or activities or actions that are not H-D Engagement Activities. Points will be awarded within 72 hours.  The number of Points awarded for the purchase of Qualifying H-D Products and Services or for engaging in H-D Engagement Activities is determined as set forth on the Website and the H-D App and depend on the membership status and any Benefit Package a Member has elected to purchase in addition to his or her free H-D Membership.  There is no limit on the total number of Points that can be earned.  Points will be deducted if a Qualifying H-D Product or Service that earned the Points is returned.  Depending on the particular membership option and Benefit Package, Points will expire either 18 months for the free H-D Membership Program or 36 months for all paid membership Benefits Packages after being awarded (the “Expiration Date”).  In the event a Member fails to redeem Points on or before their Expiration Date, the Points will not be redeemable and will be forfeited.  No credit will be issued for any Points that are not redeemed or are forfeited.  Should a Member terminate his or her participation in the H-D Membership Program, the Member immediately forfeits all unredeemed Points.  For Harley-Davidson® Visa® cardholders, points earned under the Harley-Davidson® Visa® Rewards Program can be transferred to the Loyalty Program through the H-D™ Visa® Rewards page as set forth in the applicable terms and conditions of the Harley-Davidson® Visa® Rewards Program Rules and on the Website.  Points transferred in this manner will be considered a redemption of points under the Harley-Davidson® Visa® Rewards Program and will, upon transfer, be treated exclusively as Points in the Loyalty Program for all purposes, including, but not limited to, calculation of expiration dates. Points in the Loyalty Program may not be transferred to the Harley-Davidson® Visa® Rewards Program. Please allow one to three business days for the Points to be available in the Loyalty Program.   For Harley-Davidson® Visa® cardholders, points earned under the Harley-Davidson® Visa® Rewards Program can be transferred to the Loyalty Program through the H-D™ Visa® Rewards page as set forth in the applicable terms and conditions of the Harley-Davidson® Visa® Rewards Program Rules. Points transferred in this manner will be considered a redemption of points under the Harley-Davidson® Visa® Rewards Program and will, upon transfer, be treated exclusively as Points in the Loyalty Program for all purposes, including, but not limited to, calculation of expiration dates. Points in the Loyalty Program may not be transferred to the Harley-Davidson® Visa® Rewards Program. Please allow one to three business days for the Points to be available in the Loyalty Program.

(d) Points Restrictions and Limitations.  Points may not be purchased, and may not be redeemed for cash or credit.  The receipt and redemption of Points cannot be combined with any other offer, discount or promotion.  If Points are incorrectly credited to an Account due to a programming error or otherwise, the Company reserves the right to adjust or reverse such a transaction.  

(e) Point Redemption.  A Member’s accumulation of Points will be recorded and accessible via the Member’s Account.  Points may be redeemed upon the purchase of eligible H-D Products and eligible H-D Services (“Eligible H-D Products and Services”) only at a participating Harley-Davidson dealer or the e-commerce site on harley-davidson.com.  Eligible H-D Products and Services are all products on harley-davidson.com and all products and services at participating Harley-Davidson dealerships except (i) motorcycle purchases, and (ii) finance and insurance products.  Points cannot be redeemed on H-D Products or H-D Services that are not Eligible H-D Products and Services.  Points will be subtracted from a Member’s Account once redeemed.  To redeem Points when purchasing Eligible H-D Products and Services online Members can select “Use My H-D Rewards” and select the number of Points to redeem when checking out in the H-D App.  To redeem Points for purchase of Eligible H-D Products and Services at a participating dealer, Members select “Redeem at Dealer” in the H-D App, select their dealer and scan the resulting bar code when checking out.  Points are redeemable in $5.00 increments.  If a $5.00 increment is not fully used when redeemed on the e-commerce site on harley-davidson.com, the balance will be returned to the Member’s Account.  If a $5.00 increment is not fully used when purchasing from a participating Harley-Davidson dealer, the balance will be returned to a Member’s Account after payment processing.  The availability of Eligible H-D Products and Services cannot be guaranteed.  The types of Eligible H-D Products and Services available for redemption are subject to change without notice.  

6. Restrictions and Limitations on Benefits.  Benefits may not be purchased and may not be redeemed for cash or credit.  Except as otherwise provided in these Terms and Conditions, the use of Benefits cannot be combined with any other offer or discount.  Benefits (including Points) are not owned, may not be assigned, sold, bartered, traded, exchanged, given away or otherwise transferred, (by contract, death, divorce or operation of law or otherwise).  The Company reserves the right to revoke and/or not honor any Membership or Benefit that has been transferred or sold and/or to terminate a Member’s participation in the H-D Membership Program.  The Company may take any legal action as it deems necessary in its sole discretion if the Company suspects that a Member is transferring or selling a Membership or Benefit.

7. Disclaimer.  The Company assumes no responsibility and is not liable for any loss, damage, defect, injury, death or expense relating to the redemption, receipt or use of, or participation in, any portion of the H-D Membership Program or any Benefit.  Member further acknowledges that certain Benefits of H-D Membership Program may come from third party suppliers and that the Company is not responsible for the quality of goods and/or services of any Benefit or the timely delivery of a Benefit.  The Company is not responsible for any mail, shipment or handling errors in connection with the delivery of a Benefit.  Each Member understands that by being a Member, the Member’s personal information may be shared with third party suppliers for fulfillment purposes.  A Member’s personal information may be used as set forth in the Company’s privacy policy  located at the H-D App and Harley-Davidson.com Website.

8. Changes to the H-D Membership Program.  Company reserves the right to alter or modify the H-D Membership Program and these Terms and Conditions at any time, at its sole discretion, without prior notice, including, without limitation, the right to add, modify, cancel, delete or otherwise change (i) the Benefits available, (ii) the types of memberships and Benefit Packages offered, (iii) the cost of participating in certain Benefits, (iv) the number or value of Points earned on the purchase of Qualifying H-D Products, and Services and H-D Engagement Activities, (v) the list of Qualifying H-D Products or Services and H-D Engagement Activities that earn Points or the list of Eligible H-D Products and Services or H-D Engagement Activities for which Points can be used to purchase, and (vi) the dollar value or other value, if any, assigned to a Point.  Without limiting the foregoing, such modifications may (A) govern, limit or restrict a Member’s use of the H-D Membership Program, or any Benefit (including Points) or any Benefit Package on or after the date of modification, and/or (B) change the value of, or ability to use, already accumulated Benefits (including Points).  Changes to the H-D Membership Program and these Terms and Conditions will be posted on the Website and available on the H-D App.  A Member’s continued participation in the H-D Membership Program following any such changes constitutes the Member’s acceptance of such changes.  Members are responsible for remaining knowledgeable as to the terms of the Terms and Conditions, as amended from time to time.    

9. Suspension or Termination of the H-D Membership Program.  The Company reserves the right to suspend or terminate the H-D Membership Program (or any part thereof) at any time, for any reason, in its sole discretion, upon written notice given on the Website and available on the H-D App, even though suspension or termination may affect a Member’s ability to accrue or use Benefits (including Points).  In the event the Company suspends or terminates the H-D Membership Program, the Company will determine when Points not used by such date will expire and rights to redemption terminate.  The Company may terminate, void or cancel the H-D Membership Program if any Benefits are issued, received, submitted for redemption, or redeemed illegally, or through fraud, theft or in contravention of these Terms and Conditions, or in the event that any virus, bugs, non-authorized human intervention or other causes beyond the control of the Company corrupts or impairs the security of the Website, the H-D App or H-D Membership Program, including, but not limited to, an attempt by any person to hack into or otherwise tamper with underlying source code or any part of the Website or  the H-D App.

10. Termination of Member’s Participation.  The Company reserves the right to audit any Account at any time and, in its sole discretion, to discontinue participation in the H-D Membership Program (i) for any Member who acts or is reasonably suspected of acting in any manner which is inconsistent with or violates these Terms and Conditions or is in violation of federal, state or local laws, statutes or ordinances, or (ii) if there are reasonable grounds for suspecting fraud, theft, or dishonesty in connection with the H-D Membership Program, as determined by the Company in its sole discretion.  Such discontinued participation may result in the loss, revocation and/or cancellation of Benefits (including Points).  The Company shall also have the right to take appropriate administrative, legal or equitable action available under applicable law, as it deems necessary in its sole discretion. 

11. Indemnification.  Each Member shall indemnify and hold harmless the Company and its affiliates and subsidiaries, and each of their respective owners, officers, directors, employees, representatives and agents (collectively, the “Released Parties”) against any liability for any injuries, losses, claims, losses, damages, costs or expenses of any kind, including, without limitation, court costs and attorney’s fees, to persons, including personal injury or death, or property, arising in whole or in part, directly or indirectly (i) from participation in the H-D Membership Program or Member-related activities or Benefits, (ii) acceptance, possession, misuse or use of a Membership or any Benefit or (iii) any actual or alleged violation or breach by a Member of these Terms and Conditions or applicable law.  The Released Parties are not responsible if any portion of the H-D Membership Program or Benefits (including Points) cannot be awarded or used.  This section of the Terms and Conditions will survive termination of Member’s participation in the H-D Membership Program.

12. Disclaimer of Warranty.  The H-D Membership Program is offered “as is” and “as available”.  No Released Party makes any representation or warranty, express or implied, with respect to the H-D Membership Program or any Benefit of any kind whatsoever, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, title or non-infringement.  The Company does not warrant the timely delivery of Benefits.

13. Limitation of Liability.  Each Member agrees that the Released Parties will not be responsible for (i) incorrect or inaccurate transcription, registration or transmission of a Member’s contact information, (ii) access delays or interruptions to the H-D Membership Program or any Benefits; (iii) any human error; (iv) interrupted, inaccessible or unavailable networks, servers, satellites, internet service providers, websites, cellular towers or equipment, computer systems or equipment, or other connections, availability or accessibility problems; (v) failed, jumbled, delayed, or misdirected computer, telephone or cable transmissions; (vi) any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical other error or inaccuracy or omission in the offering or content of any portion of the H-D Membership Program or any Benefit; (vii) the incorrect or inaccurate capture of information, or the failure to capture any information or data non-delivery; or (viii) viruses or bugs or other problems, malfunctions of any computer systems, equipment or software, the failure of e-mail on account of technical problems or traffic congestion on the Internet, on the website or at any website or combination thereof, including, problems, injury or damage to a Member’s or to any other person’s or entity’s computer system or cellular phone related to or resulting from accessing the H-D Membership Program, downloading any materials or participating in the H-D Membership Program.  No Released Party will be liable for any indirect, special, punitive, incidental or consequential damages of any kind (including lost profits) related to the H-D Membership Program or a Member’s participation therein, whether in contract, warranty or in tort (including negligence), even if the Company has been advised of the possibility of such damages.

14. Taxes.  Members will bear the cost of any tax liabilities including income, sales, use, withholding and other taxes (and the reporting thereof) imposed as a result of the award or use of a Benefit.  It is the Member’s responsibility to understand and abide by any federal, state, local or foreign tax laws that may apply to receipt of any Benefit.  Members may be required to complete certain Internal Revenue Service tax information reporting forms before or upon receipt of any Benefit.  

15. Use of Information.  By participating in the H-D Membership Program, each Member consents to and gives the Company and any other party authorized by Member the unrestricted, absolute, perpetual, worldwide right and license, but not the obligation, (i) to use a Member’s name, address, photograph, likeness, voice, biographical and personal background information and statements and any notes, photograph, film, or video or audio tape that may be taken of the Member or of such materials in connection with a Member receiving or using a Benefit (the foregoing, collectively, the “Likeness”), without further compensation, consideration, review, approval or notice to the Member or to any third party and (ii) to reproduce, copy, modify, create derivative works of, display, perform, exhibit, distribute, transmit or broadcast, publicly or otherwise, or otherwise use and permit to be used the Likeness or any part thereof, whether alone or in combination with other materials (including, but not limited to, text, data, images, photographs, illustrations, and graphics, video or audio segments of any nature), in any media or embodiment now known or hereafter developed (including, but not limited to, text, data, images, photographs, illustrations, and graphics, video or audio segments of any nature), in any  media or embodiment now known or hereafter developed (including but not limited to any format of any computer-based, internet-based, electronic, magnetic, digital, laser or optical-based media), in connection with any of the Company’s (or its designee’s) advertising, publicity, trade, or promotions, activities or materials for an unlimited number of times, except where prohibited by law.  By participating in the H-D Membership Program, each Member consents to and authorizes the Company to collect information about the Member in accordance with the terms of its Privacy Policy, which can be accessed by visiting the Website.  Each Member further releases the Company from any liability or obligation that may arise as a result of the use of the Likeness, including, without limitation, claims for invasion of privacy, infringement of Member’s right of publicity, and defamation (including libel and slander).  Each Member understands that the entire compensation for use of the Likeness is receipt of Benefits from the Company, and each Member waives any right to residual income, royalties and any other income payment or any other benefit, which might otherwise accrue from the use of the Likeness.

16. Intellectual Property.  All trademarks, copyright and other intellectual property used in connection with the H-D Membership Program (including words, names, logos, graphics, images, official colors, fonts and uniforms used to identify the Company or in connection with the H-D Membership Program) are the exclusive intellectual property, registered or otherwise, of, or used under license by, the Company or of one of its affiliates.  All are recognized as valuable assets of their respective owners and may not be displayed or used by a Member in any manner for commercial purposes or copied in any manner for any purpose without the express prior written permission of the Company.

17. Choice of Law.  This H-D Membership Program shall be governed by the internal laws of the state of Wisconsin, without regard to its conflicts of laws, rules or policies.

18. Disputes/Arbitration

(a) Agreement to Arbitrate.  Except as expressly set forth herein, the Company and each Member agree that, unless prohibited by applicable law, any dispute, claim or controversy arising from or relating to these Terms and Conditions or participation in the H-D Membership Program shall be resolved by binding arbitration instead of 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, the Company will agree to reasonable discovery depending on the issues involved and the amount of the claim.  Arbitrators can award the same damages and relief that a court can award, and 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 of punitive damages as applied by the United States Supreme Court.  This arbitration provision shall survive termination of the Terms and Conditions and any other contractual relationship between a Member and the Company.

(b) Process.  If a Member desires to assert a claim against the Company, and therefore elects to seek arbitration, the Member must first send to the Company, by certified mail, a written notice of the claim (the “Notice”).  The Notice to the Company should be addressed to General Counsel, Harley-Davidson, Inc., 3700 W. Juneau Ave., Milwaukee, WI 53208 (“Notice Address”).  If the Company desires to assert a claim against a Member and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address it has on file or otherwise in its records for a Member.  A Notice, whether sent by a Member or by the Company, must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”).  If the Company and a Member do not reach an agreement to resolve the claim within 30 days after the Notice is received, the Member or the Company may commence an arbitration proceeding or file a claim in small claims court.  During the arbitration, the amount of any previous settlement offer made by the Company or the Member shall not be disclosed to the arbitrator.  A Member may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org.  If the Member is required to pay a filing fee, after the Company receives notice at the Notice Address that the Member has commenced arbitration, it will promptly reimburse the Member for payment of the filing fee, unless the claims is for more than $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 and Conditions, and will be administered by the AAA.  The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-788-7879 or by requesting them from the Company in writing at the Notice Address.  The arbitrator is bound by the terms of these Terms and Conditions.  Except as set forth herein, all issues are for the arbitrator to decide, including issues relating to the scope and enforceability of the Terms and Conditions, including this arbitration agreement.  Unless the Company and a Member agree otherwise, any arbitration hearing will take place in the county (or parish) of the Member’s billing address.  If a Member’s claim is for $10,000 or less, the Company agrees that the Member 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 the claim exceeds $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 a Member an award that is greater than the value of the Company’s last written settlement offer made before an arbitrator was selected (or if the Company did not make a settlement offer before an arbitrator was selected), the Company will pay the Member the amount of the award or  $1,000, whichever is greater.  Except as expressly set forth herein, the payment of all filing, administration and arbitrator fess 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 of attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided law.  The parties understand that a judgment on any arbitral award may be entered any court having jurisdiction.

(c) No Consolidation/Class Action.  No arbitration under these Terms and Conditions shall be consolidated with any other arbitration.  These Terms and Conditions provide for the exclusive resolution of disputes through individual arbitration on Member’s own behalf instead of through any class or representative action.  Even if the applicable law provides otherwise, Member agrees that any arbitration against the Company or its affiliates shall be arbitrated by the Member individually and not as a Member of any class or as part of a class or representative action, and the Member expressly agrees to waive any law entitling the Member to participate in a class action.

(d) No Jurisdiction/Equitable Relief.  Notwithstanding the foregoing, the arbitrator shall have no jurisdiction over disputes relating to the ownership, validity, use or registration of any intellectual property or confidential information of the Company without the Company’s prior written consent.  The Company may seek any applicable remedy in any applicable forum with respect to these disputes.  In addition to monetary damages, the Company may obtain injunctive relief against a Member for any violation of the Terms and Conditions or misuse of the Company’s trademarks, copyrights or confidential information.  Nothing in this provision shall prevent the Company from applying to an obtaining from any court having jurisdiction a writ of attachment, a temporary injunction, preliminary injunction and/or other injunctive or emergency relief available to safeguard and protect the Company’s interests prior to the filing of or during or following any arbitration or other proceeding or pending the handing down of a decision or award in connection with any arbitration or other proceeding.

(e) Modification/Severability.  Any modification of this arbitration provision shall not apply retroactively to any dispute which arose or which a party had notice of before the date of modification.  If a specific provision is found to be unenforceable, then (a) the entirety of the arbitration provision shall be null and void, but the remaining provisions of these Terms and Conditions 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.

19. Confidentiality Obligation.  During the initial beta period for the H-D Membership Program, access to certain Benefits and links may be limited.  Each beta period Member agrees to keep the terms of the H-D Membership Program, the H-D Membership Program’s features, including, without limitation, those related to the beta version of the H-D App, related Benefits and these Terms and Conditions, confidential and not disclose them to any third party nor share publicly any images or information about the beta H-D Membership Program and the H-D App, until given permission to do so by the Company at the end of the beta period of the H-D Membership Program.  

20. Social Media Terms.  As part of the H-D Membership Program, the Company will provide a social media platform (the “Platform”).  Use of the Platform is governed by the H-D Membership Social Media Terms which can be found on the Website and the H-D App and which are incorporated as part of these Terms and Conditions by reference.

21. Privacy Policy/Terms of Use.  The personal information collected from Members in connection with the H-D Membership Program, including, but not limited to, purchases made in connection with the H-D Membership Program, will be used and disclosed by the Company in accordance with the Company’s privacy policy  on the H-D App and Harley-Davidson.com Website.  Without limiting the foregoing, the Company will use and retain personal information to (a) provide goods and services, (b) protect against deceptive and fraudulent activity; (c) enable internal uses that are consistent with the Privacy Policy; and (d) comply with a legal obligation.  The Privacy Policy provides information on how the Company collects, uses and shares personal information and Members’ rights regarding their personal information.  The Terms of Use, which govern use of the Website, are found on the Website.  Both the Privacy Policy and the Terms of Use are incorporated in these Terms and Conditions by reference. 

22. Entire Agreement.  These Terms and Conditions constitute the entire understanding between the Company and each Member with respect to the H-D Membership Program and supersede any and all prior communications, whether written or oral.

23. No Waiver.  The Company’s waiver of any breach of these Terms and Conditions shall not constitute a waiver of any other prior or subsequent breach of these Terms and Conditions.  The Company’s failure to insist upon strict compliance with these Terms and Conditions shall not be deemed a waiver of any rights that it may have against any Member in the H-D Membership Program.

24. Severability.  If any provisions of these Terms and Conditions are determined to be invalid or unenforceable, the remaining provisions of these Terms and Conditions shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or unenforceable provision were not contained herein.

25. Force Majeure.  Neither the Company nor the Promotional Entities are responsible or liable to any Member, or any person claiming through such Member, for the inability to enter or participate in the H-D Membership Program, or for failure to supply or the inability to accept or use any Benefit, or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, epidemic, pandemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond the Company’s or Promotion Entities’ control.

26. The Company.  Harley-Davidson Motor Company, 3700 W. Juneau Ave., Milwaukee, Wisconsin 53208.