Terms & Conditions
Links to Third Party Websites
The Site may contain links and interactive functionality interacting with the websites of third parties, including social sites and product manufacturers. Indian Motorcycle is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms and conditions and content of any such website. Before enabling any sharing functions of the Site to communicate with any such website, we strongly recommend that you review and understand the terms and conditions, privacy policies, settings and information sharing functions of each such third party website. The links and interactive functionality for third party sites on the Site in no way constitute an endorsement by Indian Motorcycle of these third party websites. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES IS AT YOUR OWN RISK.
No Prohibited Uses
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation:
(a) accessing data not intended for you or logging onto a server or an account that you are not authorized to access;
(b) using the Site for unintended purposes or trying to change the behavior of the Site;
(c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization;
(d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting malware to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”;
(e) forging any header or any part of the header information in any e-mail or posting; or
(f) forging communications on behalf of the Site (impersonating the Indian Motorcycle website) or to the Site (impersonating another user).
Sending unsolicited and unauthorized e-mail on behalf of Indian Motorcycle, including promotions and/or advertising of products or services, is expressly prohibited.
You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on this Site. You agree not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents provided by Indian Motorcycle or generally publicly available browsers. Violations of system or network security may result in civil or criminal liability.
We make available products and services for purchase through the Site, and we may use third party suppliers and service providers to enable e–commerce functionality on the Site. If you wish to purchase any product or service made available through the Site, you may be asked to supply certain information relevant to your purchase, including without limitation your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) USED IN CONNECTION WITH ANY PURCHASE. By submitting such information, you grant to Indian Motorcycle the right to provide such information to third parties for purposes of facilitating the completion of purchases initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any purchase.
Descriptions and images of, and references to, third–party products or services available in connection with the Site do not imply our endorsement of such third party products or services. All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws in regard to the possession, use and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice: to limit the available quantity of or discontinue any product or service; to impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any purchases; and/or to refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your purchases.
Your Submissions and Other Communications
You agree that any User Content submitted by you on the Site will be accurate, will not violate or facilitate the violation of any applicable law, regulation or Indian Motorcycle rule or policy, will not violate any right of a third party, including without limitation, copyright, trademark, privacy or publicity rights, and will not cause injury to any person or entity. You agree that User Content submitted by you on the Site will not contain obscene, profane or threatening language, and will not contain malware, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. In addition, you agree that you have not been compensated nor granted any consideration by any third party for the User Content submitted by you.
For any User Content that you submit, you grant to Indian Motorcycle a non-exclusive, sublicenseable (through multiple tiers), fully-paid up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate such content into any form, medium or technology, now known or hereafter developed, throughout the world, all without compensation to you. For this reason, do not send us any comments that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
For all User Content posted by you, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that such User Content, and your provision thereof to and through the Site, comply with all applicable laws, rules and regulations. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.
We strive to display as accurately as possible the colors of the products shown on the Site. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
Limitations on Quantity
We reserve the right to limit quantities on orders placed by the same account, the same credit card, or orders that use the same billing and/or shipping address. We will notify you if such limits are applied.
Errors and Inaccuracies
Our acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped, or that the price or availability of an item has been confirmed. We make a conscientious effort to describe and display our products and services accurately on the Site. Despite these efforts, a small number of the items on the Site may be mispriced, described inaccurately or unavailable, and we may experience lags in uploading updates throughout the Site and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of the information, including prices, product images, specifications, availability and services. We reserve the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice. We apologize for any inconvenience.
When you visit the Site, you are communicating with Indian Motorcycle electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that to the maximum extent permitted by law, all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations.
Intellectual Property Notice
All content included on the Site, such as text, graphics, logos, images, audio clips, video, data, music, software and other material (collectively “Content”), is owned or licensed property of Indian Motorcycle or its software and content suppliers and is protected by copyright, trademark, patent or other proprietary rights. The collection, arrangement, and assembly of all Content on the Site is the exclusive property of Indian Motorcycle and protected by U.S. and international copyright laws.
The Content of the Site, and the Site as a whole, is intended solely for personal, noncommercial use by the users of our Site. You may download, print, post and store selected portions of the Content for personal, noncommercial purposes, provided you do not modify or alter the Content in any way, or delete or change any copyright or trademark notice.
Indian Motorcycle and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials that appear on the Site. Access to the Site does not confer and will not be considered as conferring upon anyone any license under any of Indian Motorcycle’s or any third party’s intellectual property rights.
Notice and Procedure for Making Claims of Copyright Infringement
It is our policy to respond to claims of copyright infringement. We will promptly process and investigate notices of alleged infringement by third parties and will take appropriate actions under the Digital Millennium Copyright Act (the “DMCA”), where applicable.
Pursuant to the DMCA, notifications of claimed copyright infringement by third parties should be sent to our designated agent. If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on this Site, please notify us by contacting our designated agent. Even if you believe that the alleged infringing work was not posted by a third party, please send all notifications of claimed copyright infringement to our designated agent listed below.
To be effective under the DMCA, notification of claims of copyright infringement by third parties must be a written communication to our designated agent that includes the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated agent for notice of claims of copyright infringement can be reached as follows:
Indian Motorcycle Company
2100 Highway 55
Medina, Minnesota 55340
While we attempt to ensure that your access and use of the Site is safe, Indian Motorcycle cannot and does not represent or warrant that the Site or its server will be error-free, uninterrupted, free from unauthorized access (including third party hackers or denial of service attacks) or otherwise meet your requirements.
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS AND OTHER PRODUCTS (INCLUDING SOFTWARE), SERVICES AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY INDIAN MOTORCYCLE ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. INDIAN MOTORCYCLE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, THE ACCURACY OR COMPLETENESS OF CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), SERVICES OR USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR ITS SERVERS, OR THAT EMAILS SENT FROM INDIAN MOTORCYCLE ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. INDIAN MOTORCYCLE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS PRODUCTS (INCLUDING SOFTWARE), SERVICES OR USER CONTENT OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL INDIAN MOTORCYCLE OR ANY OF ITS RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF INDIAN MOTORCYCLE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF INDIAN MOTORCYCLE UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).
Notice for California Residents
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please contact us by writing to Indian Motorcycle Company, 2100 Highway 55, Medina, MN 55340. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445–1254 or (800) 952–5210.
If you have any concerns about Indian Motorcycle or your use of the Site, please contact us with a detailed description, and we will try to resolve it:
Indian Motorcycle Company
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2100 Highway 55
Medina, MN 55340