Harley-Davidson Pan America 1250 Motorcycle U.S. Reservation Program Terms and Conditions
Welcome to the Harley-Davidson Motor Company, Inc. (“H-D”) Pan America 1250 Motorcycle U.S. Reservation Program (the “Program”). These Reservation Program Terms and Conditions (these “Terms”) describe the Program, as well as the process for reserving a Pan America 1250 Motorcycle (the “Reservation Process”). References herein to “you” and “yours” mean you, the individual customer; references herein to “we” and “our” mean H-D. Please review these Terms carefully and check the applicable box on the “Reserve your Pan America” webpage to confirm you agree to and will comply with all of these Terms.
If you object to any of these Terms, your sole recourse is to not make a Reservation, and to exit the “Reserve your Pan America” webpage without clicking the “Reserve Now” button.
You may be able to reserve a Harley-Davidson® Pan America™ 1250 Motorcycle (a “Vehicle”) through the Reservation Process (“Reservation”). By completing the Reservation Process, you are not ordering, purchasing or making a down payment on a Vehicle. The Reservation Process allows you to pay the $100 Reservation deposit (“Reservation Deposit”), and thereby reserve your space in line to receive a Vehicle. Participation in the Program does not guarantee you Vehicle delivery. You must work with the authorized participating Harley-Davidson dealer (a “Dealer”) that you select when you make your Reservation to discuss configuration and delivery of the Vehicle and final transaction pricing, arrange any necessary financing, and complete your purchase of the Vehicle. Your Reservation does not guarantee a set price for the Vehicle. The Dealer sets the Vehicle price, which may differ from the manufacturer suggested retail price.
2. Reservation Process; Reservation Deposit.
3. Sharing of Reservation Information; Purchase Process.
You will be required to select a Dealer at the time you make your Reservation. You agree that your contact information, including name, address, e-mail address and telephone number, will be shared with the Dealer you select. Your credit card / debit card information will not be shared. After you make your Reservation, the Dealer you select will contact you to discuss your Vehicle and your adventures ahead. You will work with the Dealer to confirm Vehicle configuration, arrange any necessary financing, and make arrangements for delivery and final purchase of the Vehicle.
4. Confirmation Email; Exclusive Content and Kit.
Once we receive your Reservation, we will send you an email confirming your Reservation, providing you with a receipt for your Reservation Deposit, and identifying your Reservation Number; please save this Reservation #. Following your Reservation, you will receive exclusive Pan America content from H-D and/or the Dealer to welcome you as part of the Harley-Davidson Adventure Touring Community. After you purchase and take delivery of your Vehicle, as a Reservation customer you will receive an exclusive H-D Pan America Motorcycle appreciation kit and continue to receive exclusive promotions, offers and content from H-D as you experience endless horizons on your Pan America Motorcycle.
5. No Purchase Requirement.
Neither the Program nor a Reservation requires you to buy a Vehicle or to enter into a Vehicle purchase or finance contract. If you change your mind before you have entered into a Vehicle purchase contract with your Dealer, you may cancel your Reservation pursuant to Section 10 below and receive a full refund of your Reservation Deposit.
6. H-D Right to Decline or Cancel Reservation.
H-D, at its sole discretion, may decline or cancel your Reservation at any time, for any reason, without any obligation other than to refund your Reservation Deposit. Without limiting the foregoing, if you have not entered into a Vehicle purchase contract with your Dealer and taken delivery of a Vehicle before June 30, 2021, H-D may cancel your Reservation. You will be notified by email if your Reservation is declined or canceled, and your Reservation Deposit will be fully refunded if it has already been processed; the refund will be credited to the credit card or debit card you used to make the Reservation Deposit.
7. Program Limitations; Right to Modify or Cancel Program.
The Program will be available only for a limited period of time, and only a limited number of Reservations will be accepted by H-D, with both the duration of availability of the Program and the number of available Reservations being set by H-D in its sole discretion. H-D reserves the right to change, update, improve, correct, modify, suspend, discontinue or cancel all or any part of the Program, including without limitation any of its features, functionalities or manners of operation, at any time and from time to time, without any notice or obligation to you. Your use of and participation in the Program after any changes are implemented will be considered to constitute your acceptance of such changes. The Program may not be available to accept Reservations during maintenance breaks and other times.
8. Reservation Eligibility: Age and Residency; No Reservations by Entities.
You must be at least 18 years of age or the age of majority as determined by the laws of your state or territory of residency and a resident of the United States of America in order to accept these Terms and to participate in the Program and make a Reservation. The Program is only open to individuals; companies, other business entities, groups and organizations are not eligible to participate. You agree not to make a Reservation if you are less than 18 years old or are not a resident of the U.S.A. H-D may cancel your Reservation and refund the Reservation Deposit if H-D determines you are ineligible to participate in the Program.
9. Accurate Information; No Brokers.
In order to participate in the Program, you will be required to provide certain information to H-D, such as your contact and billing information. You represent and warrant that all such information is accurate, and you shall ensure that such information is kept current. H-D shall have no responsibility or liability for inaccurate information or information that later becomes outdated, and shall have no obligation to make efforts to determine the correct information. You represent and warrant that you are not a broker or agent making a Reservation on behalf of someone else, and that your Reservation and your participation in the Program is for your own benefit on your own behalf. H-D may cancel your Reservation and refund the Reservation Deposit in the event we determine you have made a Reservation on behalf of someone else.
10. Reservation Cancellation; No Transfer or Assignment.
You may cancel your Reservation at any time before you enter into a Vehicle purchase contract with your Dealer, and request a refund of your Reservation Deposit, by emailing H-D’s payment servicer, ModusLink, at [email protected] and requesting cancellation. If you cancel your Reservation, or if H-D cancels your Reservation for any reason, the full Reservation Deposit will be credited back to the credit card or debit card you used to make the Reservation Deposit within 10 business days after the cancellation. Please note that all cancellations are final. You may not transfer or assign your Reservation or any other rights under these Terms.
11. Force Majeure.
Neither you nor H-D nor any Dealer shall be considered to be in default in the performance of any obligations under these Terms or in connection with the Program or any Reservation if and to the extent and for so long as a Force Majeure Event makes it illegal, impractical or impossible to perform those obligations. The term “Force Majeure Event” means any occurrence beyond the reasonable control of you and H-D that is not due to the affected party’s negligence, including without limitation an act of God, war, riot, insurrection, civil unrest, fire, explosion, accident, flood, earthquake, terrorist act, sabotage, epidemic, pandemic, public health emergency, governmental restrictions on transportation, travel or gatherings, national defense requirements, unavailability of materials, components, labor or facilities, strike or labor unrest, power outages, computer software or hardware errors or failures, or compliance with governmental laws, rules, regulations, orders or action.
12. Purchasing a Pan America
You acknowledge that it is not necessary for you to make a Reservation in order to purchase a Vehicle. You can purchase a Vehicle from a Dealer without first making a Reservation. Making a Reservation, however, gives you the opportunity to be one of the first to obtain the Harley-Davidson Pan America.
13. Entire Agreement, Modification and Severability.
H-D reserves the right, at its discretion, to change these Terms at any time. If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, the remainder of these Terms shall continue in full force and effect and the unenforceable provision shall be deemed to be modified solely to the extent necessary to make it enforceable. These Terms and the content of your Reservation, including your agreement to these Terms, constitute the entire agreement of you and H-D governing your Reservation, superseding any and all prior oral and written understandings and communications.
14. Exclusion of Damages; Limitation of Liability.
TO THE GREATEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL H-D BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, MULTIPLE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSSES UNDER, ARISING OUT OF, OR WITH RESPECT TO THESE TERMS, THE PROGRAM, YOUR PARTICIPATION IN THE PROGRAM, OR YOUR RESERVATION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PROPERTY DAMAGE, LOST PROFITS, LOSS OF BUSINESS OR OPPORTUNITY, OR ECONOMIC LOSSES, REGARDLESS WHETHER H-D HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES OR LOSSES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, H-D’S MAXIMUM LIABILITY UNDER, ARISING OUT OF, OR WITH RESPECT TO THESE TERMS, THE PROGRAM, YOUR PARTICIPATION IN THE PROGRAM OR YOUR RESERVATION SHALL NOT EXCEED, IN THE AGGREGATE, THE RETURN OF THE RESERVATION DEPOSIT MADE BY YOU (IF ANY).
15. Applicable Law; Venue for Dispute Resolution; Class Action Waiver; Jury Trial Waiver.
These Terms, their subject matter and their formation, and any related non-contractual disputes or claims, are governed by and shall be interpreted in accordance with the laws of the State of Wisconsin, without reference to principles of conflicts of laws. H-D and you agree that any and all disputes, controversies or claims arising out of or relating to these Terms, the Program, your participation in the Program or your Reservation shall be brought, heard and determined exclusively in the United States District Court for the Eastern District of Wisconsin, or the Circuit Court for Milwaukee County, Wisconsin. You hereby consent to personal and subject matter jurisdiction and venue in such courts and waive and relinquish any right to assert that any action instituted by H-D in any such court is in the improper venue or should be transferred to a more convenient forum.
IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (i) YOU AGREE THAT NO CLAIM UNDER, ARISING OUT OF, OR WITH RESPECT TO THESE TERMS, THE PROGRAM, YOUR PARTICIPATION IN THE PROGRAM OR YOUR RESERVATION SHALL BE JOINED TO ANY OTHER CLAIM FROM OTHER CURRENT OR FORMER PARTICIPANTS IN THE PROGRAM OR OTHERWISE RELATED TO THE PROGRAM OR ANY OTHER RESERVATIONS; and (ii) YOU AGREE THAT NO CLAIM UNDER, ARISING OUT OF, OR WITH RESPECT TO THESE TERMS, THE PROGRAM, YOUR PARTICIPATION IN THE PROGRAM OR YOUR RESERVATION SHALL PROCEED AS A CLASS ACTION, COLLECTIVE OR CONSOLIDATED ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.
FURTHER, YOU HEREBY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS, THE PROGRAM, YOUR PARTICIPATION IN THE PROGRAM OR YOUR RESERVATION, WHETHER NOW EXISTING OR HEREAFTER ARISING, AND WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE. YOU AGREE THAT H-D MAY FILE A COPY OF THIS PARAGRAPH WITH ANY COURT AS WRITTEN EVIDENCE OF THE KNOWING, VOLUNTARY AND BARGAINED-FOR AGREEMENT AMONG YOU AND H-D TO IRREVOCABLY WAIVE TRIAL BY JURY, AND THAT ANY ACTION OR PROCEEDING WHATSOEVER BETWEEN YOU AND H-D RELATING TO THESE TERMS, THE PROGRAM, YOUR PARTICIPATION IN THE PROGRAM OR YOUR RESERVATION SHALL INSTEAD BE TRIED IN A COURT OF COMPETENT JURISDICTION BY A JUDGE SITTING WITHOUT A JURY.
16. Contact Us.
If you have any questions or comments regarding the Program or the Reservation Process, you may contact us at:
To speak with a Harley-Davidson customer care representative please call 800-258-2464 or 414-343-4056.
Representatives are available Monday through Friday 8:00 a.m. – 7:00 p.m. Central Standard Time (CST).