This page states the Terms and Conditions under which you may use any of the web sites operated by Kawasaki Motors Corp., U.S.A. (the “Company”). Please read these Terms and Conditions of Use for the Company’s web sites (the “Terms and Conditions”) carefully. Any use of the Company’s web sites will constitute your acceptance of these Terms and Conditions. If you do not accept the Terms and Conditions stated here, please refrain from using any of such web sites. The Company may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you.
The Company authorizes you to view and download a single copy of the material on its web sites solely for your personal, noncommercial use. Special rules may apply to the use of certain software and other items provided from time to time on its web site as set forth in Section 6 of these Terms and Conditions. Any other special rules may be also listed on the Legal Notices page of the Company’s web sites and are incorporated into these Terms and Conditions by this reference.
The contents of the Company’s web sites, such as text, graphics, photographs, images and other material (“Material”), are protected by copyright under both United States and foreign laws. Unauthorized use of the Material may violate copyright, trademark and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute or otherwise use the Material in any way for any public or commercial purpose.
If you violate any of these Terms and Conditions, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.
The Material may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness or timeliness of the Material or about the results to be obtained from using any of its web sites or the Material. Use of any of the Company’s web sites or the Material is at your own risk. Changes are periodically made to the Company’s web sites and may be made at any time.
THE COMPANY DOES NOT WARRANT THAT ANY OF ITS WEB SITES WILL OPERATE ERROR-FREE OR THAT THESE WEB SITES AND THEIR SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CONTENT. IF YOUR USE OF ANY OF COMPANY’S WEB SITES, THE MATERIAL OR THE SOFTWARE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE COMPANY’S WEB SITES, MATERIAL AND SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, ITS DEALERS AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. THE COMPANY, ITS DEALERS AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, PHOTOGRAPHS OR LINKS CONTAINED IN ANY OF THE COMPANY’S WEB SITES.
IN NO EVENT SHALL THE COMPANY, ITS DEALERS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT COMPANY’S WEB SITES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE COMPANY’S WEB SITES, THE MATERIAL AND THE SOFTWARE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
As an user, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do any of the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful or embarrassing to another user or any other person or entity; post any sexually-explicit images; post advertisements or solicitations of business; post chain letters or pyramid schemes; or impersonate another person.
The Company does not represent or guarantee the truthfulness, accuracy, or reliability of any of the communications posted by other users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk.
The Company does not screen communications in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications which allegedly do not conform to these Terms and Conditions, the Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to users for performance or nonperformance of such activities. The Company reserves the right to expel users and prevent their further access to its web sites for violating these Terms and Conditions or the law and the right to remove communications which are abusive, illegal or disruptive.
The Company’s web sites may contain links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third-party web sites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party web sites. If you decide to access linked third-party web sites, you do so at your own risk.
All software that is made available for downloading from any of the Company’s web sites (“Software”) is protected by copyright and may be protected by other rights. The use of such software is governed by the terms of the software license agreement or designated legal notices accompanying such software (“License Agreement”). The downloading and use of such software is conditioned on your agreement to be bound by the terms of such License Agreement.
You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material (including Software) or your breach of the Terms and Conditions. The Company shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export any Material (including Software) to countries or persons prohibited under the export control laws. By downloading any Material (including Software), you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export or re-export of any Material (including Software).
The following terms and conditions (these “Terms & Conditions”) apply to the texting or messaging program (the “Program”) sponsored by Kawasaki Motors Corp., U.S.A. (“KMC”) which is more specifically described below.
Program Content. As part of its Program, KMC will provide texts or messages and other mobile contacts with owner/consumer content including advertisements, coupons, notice of events, polls, contests, give-aways, downloads and other information which may be of interest to our individual opt-in customers.
How to Participate. In order to sign up and agree to the Program, first read and ensure you understand these Terms & Conditions, and then opt-in through one of the methods described in paragraph 3 below. Signing up and agreeing to participate in the Program constitutes your agreement to these Terms & Conditions in order to receive the requested Program texts or messages from KMC or a KMC-authorized service provider, which will be sent to your phone via automated technology. TEXTS OR MESSAGES WILL BE SENT TO YOU VIA AUTOMATED TECHNOLOGY (WHICH IS SOMETIMES REFERRED TO AS AN AUTOMATIC TELEPHONE DIALING SYSTEM). YOUR AGREEMENT TO RECEIVE THESE TEXTS OR MESSAGES THROUGH THE PROGRAM IS NOT REQUIRED AS A CONDITION OF PURCHASING ANY PROPERTY, GOODS OR SERVICES.
How to Opt-In. To opt-in to the Program, you can do one of two things:
Website Opt-In. Enter your mobile number and other information requested on the Stay Connected page on our website. Soon after entering your number, you will receive a text message prompting your response. Just reply YES, then hit Submit or Send, and you will be signed up.
Text Messaging Opt-In. Text JOIN to 868727 from your mobile phone. Shortly afterward, you will receive a text message prompting your response. Just reply YES, then hit Submit or Send, and you will be signed up.
Text Messaging Reply Opt-In. If you are invited to join the Program by text message from KMC or its provider, just reply YES, then hit Submit or Send, and you will be signed up.
How to Opt-Out. To opt-out of the Program, you can text STOP to 868727 from your mobile phone, reply STOP to any KMC text message or contact the KMC Customer Relations team at 866-802-9381 If opting-out via a STOP text message, you will receive a final opt-out confirmation text. Please allow up to five (5) business days to process your request.
Message Frequency. Program participants will receive an average of four (4) messages per month. KMC will occasionally offer the option to opt-in to additional mobile messages for specific promotions for a specified period of time.
Authorized Participation. By enrolling in the Program you certify that you are 18 years of age or older, and are authorized (a) to enroll the designated mobile phone number in the Program, and (b) to incur any mobile message or data charges that may be incurred by participating in the Program. If you are not yet 18 but are at least 13 years old, you may enroll in the Program if, and only if, your parents’ or guardians’ written permission is first submitted to KMC. No one under age 13 may enroll in the Program under any circumstances.
Location Information. You agree that KMC may use location information (such as GPS data) from your mobile device, and send you additional text messages based upon your location, when you are in or near a retail location operated by a KMC authorized dealer or if you are participating in a race, show or other event in which KMC, its personnel or any of its sponsored race teams is participating.
For Help. If you need help at any time or have any questions about the Program, text HELP to 868727 or reply HELP to any text message. Alternatively, you may also call the KMC Consumer Services line at 866-802-9381.
Cost to Participate. Participation in the Program is free; however, message and data rates may apply. Check your mobile plan for details. KMC is not responsible for any messaging or data charges, or for any related taxes, incurred by Program participants.
Carriers Supported. The Program is currently available to customers of most wireless carriers in the United States, including without limitation AT&T, Sprint, T-Mobile and Verizon. Users can participate in the Program if they have the ability to send and receive text messages on their mobile phones. Not all wireless carriers provide the necessary service to participate with every type of mobile phone. Check your phone capabilities for specific text messaging instructions.
No Warranties. The Program may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. Accordingly, THE PROGRAM IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND KMC HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND/OR THAT THE PROGRAM WILL BE SECURE, UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. Without limiting the generality of the foregoing, KMC is not responsible for technical, hardware, software, electronic, network, telephone or other communications malfunctions, errors or failures of any kind, errors in transmission, traffic congestion, lost or unavailable network connections, telephone connections, wireless phone connections, web site, Internet or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed transmissions which may limit or restrict your ability to send a message, including any injury or damage to your or any other person’s wireless device relating to or resulting from participating in the Program.
Limitation of Liability. UNDER NO CIRCUMSTANCES WILL KMC OR ITS EMPLOYEES, OFFICERS, DIRECTORS OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE PROGRAM WHETHER OR NOT KMC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. If you are dissatisfied with the Program, any content furnished as part of the Program or with these Terms & Conditions, your sole and exclusive remedy is to discontinue participating in the Program. You acknowledge, by your participation in the Program, that your use of the Program is at your sole risk.
Release. By participating in the Program, you agree to release and hold harmless KMC, its employees, officers, directors and third party service providers, and participating wireless carriers (collectively, the “Released Parties”) and their respective representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever, including without limitation property damage, personal injury and/or death which may occur in connection with the Program, and for any claims based on violation of law or infringement or violation of any rights of any person or entity, including without limitation violation of privacy or publicity rights, defamation, invasion of privacy, and marketing violations. The Released Parties are not responsible for any printing, typographical, mechanical or other errors in promotional materials provided in connection with the Program. Participating wireless carriers and/or each of their respective subsidiaries, affiliates, shareholders, officers, directors, agents, representatives and employees are not responsible for the Program, and none of them will have any liability or responsibility for any claim arising in connection with the Program.
First Step: Informal Dispute Resolution. If any dispute arises regarding these Terms & Conditions, the Program or KMC’s delivery of text messages via automated technology to you (individually a “Dispute,” and collectively “Disputes”), then you and KMC agree to send a written notice to the other providing a reasonable description of the Dispute, along with a proposed resolution of it. KMC’s notice to you will be sent to you based on the most recent contact information that you provided KMC (including via text or message). If no such information exists or if such information is not current, then KMC has no obligation under this section of the Terms & Conditions governing Dispute Resolution (this “Dispute Resolution Section”). Your notice to KMC must be sent to: Kawasaki Motors Corp., U.S.A., P.O. Box 25252, Santa Ana, CA 92799-5252. For a period of sixty (60) days from the date of receipt of notice from the other party, KMC and you will engage in a dialogue in order to attempt to resolve the Dispute, although nothing will require either you or KMC to resolve the Dispute on terms with respect to which you and KMC, in each of your and KMC’s sole discretion, are not comfortable.
Binding Arbitration. Any Dispute that cannot first be resolved through informal methods as described in “First Step: Informal Dispute Resolution” of this Dispute Resolution Section shall be submitted to binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association then in effect (the “Rules”). The arbitral hearing shall take place in Orange County, California. After the hearing, the arbitrator(s) shall decide the controversy and render a written decision setting forth the issues adjudicated, the resolution thereof and the reasons for the award. Payment of the expenses of arbitration, including the fee of the arbitrator(s), shall be assessed by the arbitrator(s) based on the extent to which each party prevails. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered thereon in any court of competent jurisdiction.
Federal and State Courts in Orange County, California. Any enforcement of any arbitration decision or award may only be instituted in a state or Federal court located in Orange County, California. Accordingly, you and KMC consent to the exclusive personal jurisdiction and venue of such courts for such matters to the exclusion of any other court which otherwise might have had jurisdiction.
No Class Action Matters. Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. THIS MEANS YOU AND KMC AGREE THAT EACH MAY BRING CLAIMS REGARDING SUCH DISPUTES 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. There shall be no right or authority for any Dispute to be arbitrated on a class-action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. If for any reason any court with competent jurisdiction holds that this restriction regarding arbitration on a class-action basis is unconscionable or unenforceable, then the Dispute must be brought exclusively in a State or Federal court located in Orange County, California. Notwithstanding any other provision of this Dispute Resolution Section, any and all issues relating to the scope, interpretation and enforceability of this paragraph, including the class action waiver provisions contained herein (described as “No Class Action Matters” in this Dispute Resolution Section), are to be decided only by a Federal or State Court located in Orange County, California, and not by the arbitrator.
Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR KMC WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR KMC MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN “FIRST STEP: INFORMAL DISPUTE RESOLUTION” OF THIS DISPUTE RESOLUTION SECTION) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES, OR IT WILL BE FOREVER BARRED.
Revisions; Effective Date. These Terms & Conditions may change at any time and are effective upon posting. You are bound by any such revisions, so you should periodically check back to review the current Terms & Conditions. Remember, you may always opt out of the Program. These Terms & Conditions were last revised on November 5, 2013.